1
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
TITLE: PROCESSES FOR PROVISIONAL WITHDRAWAL, COMPETENCE IN DOUBT, SUSPENSION AND
REVOCATION OF AIR TRAFFIC CONTROLLER LICENCES
1.
Introduction
1.1
Purpose
The purpose of this memorandum is to describe the processes required for withdrawal of Air
Traffic Controllers from the exercise of privileges granted by a licence, for when competence
is placed in doubt and for the suspension, revocation and surrender of Air Traffic Controller
Licences.
1.2
Scope
This process is applicable to Air Traffic Controller and Student Air Traffic Controller licence
holders, issued in accordance with Commission Regulation (EU) 2015/340.
1.3
Responsible Person
The SRD Assistant Director, Aeronautical Services Department (ASD) has responsibility for
this procedure. The licensing process requires cross departmental interface with the RPPL
department. ASD procedure ASD.230 describes the areas of interaction and responsibility.
2.
References
•
Commission Regulation (EU) 2015/340, laying down technical requirements and
administrative procedures relating to air traffic controllers' licences and certificates
pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the
Council
•
Regulation (EU) No 390/2013, of 3 May 2013 laying down a performance scheme for air
navigation services and network functions
•
Commission Regulation (EU) No 376/2014, on the reporting, analysis and follow-up of
occurrences in civil aviation
•
Commission Implementing Regulation (EU) 2015/1018, laying down a list classifying
occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No
376/2014
•
ICAO Annex 1 Personnel Licensing
•
SI 305 of 2008 European Communities (Air Traffic Controller Licence) Regulations 2008.
•
AIC 05/04 Personnel Licensing Review Board
•
Regulation (EU)2018/1139
2
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
3.
Just Culture
3.1
Commission Implementing Regulation (EU) 390/2013 (the Performance Regulation) defines
Just Culture as ‘a culture in which front line operators or others are not punished for actions,
omissions or decisions taken by them that are commensurate with their experience and
training, but where gross negligence, wilful violations and destructive acts are not tolerated.’
3.2
The National Supervisory Authorities for the UK-Ireland Functional Airspace Block (FAB)
jointly promote this Just Culture definition as a guiding principle in relation to both operational
and supervisory activities in the FAB. Both States recognise and espouse the value of Just
Culture in providing a safe operating environment, and in helping to underpin the goal of
continuous improvement in flight safety.
3.3
Safety investigation and analysis of an incident/occurrence shall be conducted within the
framework of Just Culture principles.
4.
ANSP Requirements for Withdrawing a Controller from Exercising the
Privileges Granted by a Licence
The exercise of the privileges granted by a licence shall be dependent on the validity of the
ratings, endorsements and of the medical certificate.
1
4.1
Subsequent to an ATM occurrence, or if otherwise determined by the unit competence
scheme, a controller may be withdrawn without prejudice, from exercising the privileges
granted by a licence. This action is taken as a duty of care to the individual involved and to
protect the integrity of the system and has no influence on the conduct and completion of any
pending investigation.
4.2
The licence holder may exercise those withdrawn privileges under the supervision of an OJT
Instructor who holds a valid rating and endorsement appropriate to the service being
provided, and under conditions as determined by the ANSP safety management system.
4.3
The exercise of privileges granted by a licence may be reinstated when it has been
established that competence is not in doubt (e.g. after initial examination of an occurrence)
and when the controller is deemed fit to return to unsupervised licenced duties.
4.4
With the exception of competence in doubt ANSD, ASD is not required to be notified
when the exercise of privileges granted by a licence is temporarily withdrawn without
prejudice.
1
COMMISSION REGULATION (EU) 2015/340, Part ATCO.A.015
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
5.
Competence in Doubt
Competency: A combination of skills, knowledge and attitudes required to perform a task
to the prescribed standard.
2
The competent authorities should be in a position to suspend a licence, ratings or
endorsements when competence is in doubt.
3
Requirements for placing Competence in Doubt and provisional inability
5.1
Licence holders shall not exercise the privileges of their licence when having doubts of being
able to safely exercise the privileges of the licence and shall in such cases immediately notify
the relevant air navigation service provider of the provisional inability to exercise the
privileges of their licence.
5.2
Air navigation service providers may declare the provisional inability of the licence holder if
they become aware of any doubt concerning the ability of the licence holder to safely
exercise the privileges of the licence.
5.3
A licence holder whose competence is determined to be in doubt subsequent to an ATM
occurrence or otherwise by the unit’s competence scheme, shall be withdrawn from all related
licenced duties and will declare the provisional inability of the licence holder.
5.4
Notification of competence in doubt and the provisional inability of the licence holder shall be
immediately provided to the Competent Authority. The Manager RPPL or an Officer authorised
by SRD to do so, may impose additional licencing conditions and shall ensure that
appropriate records are maintained.
5.5
Determinations of competence in doubt and the provisional inability of the licence holder shall
be notified to the CA by emailing [email protected] The notification shall, at a minimum, state the
licence holder’s number, the ANSP conditions placed on the licence holder, the rationale for
determining competence in doubt and if applicable, an associated occurrence report
reference.
5.6
An Authorised Officer from the CA may independently determine a competence in doubt on
an Air Traffic Controllers ability to provide a safe ATS service and shall request that the service
provider or the individual declares provisional inability, pending consideration of the case.
2
ICAO Annex 1 Personnel Licensing, Twelfth Edition
3
COMMISSION REGULATION (EU) 2015/340, Part ATCO.AR.D.005
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
Removal of Competence in Doubt and provisional inability
5.7
If, subsequent to further investigation and/or designated remedial action under the Unit
Competence Scheme including a unit competence check, it is established by ANSP
Management, (or the CA) that competence is no longer in doubt and when there are no
outstanding conditions set by the CA; provisional inability may be withdrawn and the licence
holder may be returned to unsupervised licenced duties.
5.8
ANSP Unit Management shall give prior notification of removal to the CA at ansd@iaa.ie, as
the Manager ANSD/RPPL may require the licencing conditions remain in place.
The notification should state the licence holder’s number, rationale for removing
competence in doubt and if applicable, an associated MOR reference. The Manager
RPPL/ANSD shall ensure that appropriate records are maintained.
6.
Licence Suspension
A licence, rating or endorsement may be suspended when the competence of the air traffic
controller is in doubt or in cases of misconduct.
4
Excerpt from S.I. No. 305 of 2008 EUROPEAN COMMUNITIES (AIR TRAFFIC CONTROLLER
LICENCE) REGULATIONS 2008
Suspension and revocation of licence,
18.
(1) The supervisory authority may—
(a) suspend, for such period it considers appropriate, or suspend and subsequently revoke or
revoke a licence, ratings or endorsements, when the competence of the licence holder
concerned is in doubt or in cases of misconduct,
(2) Where the supervisory authority proposes to suspend a licence, a rating or a rating
endorsement or revoke a licence, a rating or a rating endorsement, it shall notify the holder
of the proposal and afford, unless the authority considers the matter affects the safety of
general air traffic, the holder the opportunity to make representations to the supervisory
authority within 21 days of the proposal or such other period as the authority allows. However,
if the supervisory authority considers that there is a serious threat to the safety of air traffic,
the suspension or revocation, as the case may be, may take place immediately upon
notification.
Surrender of suspended licence and withdrawn training provider’s certificate
19.
Where a licence is suspended or revoked under Regulation 18, the holder of it shall
immediately surrender it to the supervisory authority. Where a rating or endorsement is
suspended under Regulation 18(1) (a) the licence holder shall immediately submit the licence
to the supervisory authority for amendment.
4
COMMISSION REGULATION (EU) 2015/340, Part ATCO.A.020 and part ATCO.AR.A.010
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
SRD Requirements for Licence Suspension
5
6.1
When the competence of a licence holder is in doubt or in cases of misconduct, the Manager
licencing department RPPL/ Manager ANSD or an Officer authorised by SRD to do so, may
suspend, for such period considered appropriate, the licence, ratings or endorsements of the
licence holder.
6.2
The suspension may contain conditions which the licence holder must meet to have the
suspension removed.
6.3
Where an ATC licence rating(s), and/or endorsement(s) is being suspended, the authorised
officer will advise the holder of their rights under articles 18, 19, 20 and 21 of SI 305 of 2008
European Communities (Air Traffic Controller Licence) Regulations 2008.
6.4
An authorised officer, when exercising a power conferred on them under SI 305 of 2008
European Communities (Air Traffic Controller Licence) Regulations 2008, shall, if requested
by any person affected, produce their warrant of appointment or a copy of it to the person for
inspection.
5
ATCO.AR.A.010 Tasks of the competent authorities
Removal of Licence Suspension
6.5
Where the suspension of the ATC licence rating(s), and/or endorsement(s) contained
conditions for the removal of the suspension, and where it has been shown that the holder
has met those conditions, the suspension shall be removed and the holder shall be notified.
ANSP Requirement for Licence Suspension
6.6
A licence holder whose rating(s), rating endorsement(s) or unit endorsement(s) have been
suspended must not provide the ATC services associated with those rating(s), rating
endorsement(s) or unit endorsement(s).
7.
Revocation of an ATC Licence or its associated Ratings / Endorsements
6
7.1
A decision to revoke an ATC Licence and/or its associated ratings and endorsements shall be
made by the SRD Assistant Director, Aeronautical Services Department or, in his/her
absence, the designated deputy.
7.2
The SRD Assistant Director, Aeronautical Services Department shall advise and support the
Minister as directed, for the purposes of considering appeals under Article 21 of SI 305 of
2008 European Communities (Air Traffic Controller Licence) Regulations 2008.
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
7.3
The Air Navigation Services Division Manager and the Manager Licensing Department,
RPPL, will inform each other of any licensing action as it progresses. Such actions will be
documented on the licence holder’s personal file.
7.4
Where the SRD Assistant Director proposes to revoke a licence, they shall inform the licence
holder of their statutory rights.
6
COMMISSION REGULATION (EU) 2015/340, Part ATCO.AR.A.010 Tasks of the competent authorities
8.
Oversight findings and enforcement measures for personnel (ATCO.AR.C.010)
8.1
If during oversight or by any other means evidence is found that shows non-compliance with the
applicable requirements by a person holding a licence issued in accordance with Commission
Regulation (EU) 2015/340, the competent authority shall raise a finding, record it and
communicate it in writing to the licence holder, as well as communicate the finding to the
employing organisation, if applicable.
8.2
When the competent authority that raised the finding is the competent authority responsible for
the issuing of the licence:
(1)
it may suspend or revoke the licence, rating or endorsement, as applicable, when a safety
issue has been identified; and
(2)
it shall take any further enforcement measures necessary to prevent the continuation of
the non-compliance.
8.3
When the competent authority that raised the finding is not the competent authority responsible
for the issuing of the licence, it shall inform the competent authority that issued the licence. In
this case, the competent authority that issued the licence shall take action in accordance with
point 8.2 and inform the competent authority that raised the finding.
9.
Representations by ATC Licence Holders
9.1
Where it is proposed to suspend or revoke a licence, a rating or endorsement, the licence
holder will be notified of the proposal and afforded, unless the competent authority considers
the matter affects the safety of general air traffic, the opportunity to make representations
within 21 days of the proposal or such other period as notified. However, if the competent
authority considers that there is a serious threat to the safety of air traffic, the suspension or
revocation, as the case may be, may take place immediately upon notification.
9.2
Where a representation is made in respect of 9.1 above, the SRD Assistant Director,
Aeronautical Services Department will review the decision and advise the licence holder
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
within 14 days of receipt of the representation.
10.
Appeal Panel for ATC Licence Holders
10.1
The Assistant Director SRD, Aeronautical Services Department will provide all required
advice and support to the Minister in implementing the provisions of 10.2 below, when
such process is invoked by a licence holder.
10.2
Extract from SI 305 of 2008 European Communities (Air Traffic Controller Licence)
Regulations 2008;
21. Appeal panel
(1)
The Minister shall establish a panel (“appeal panel”) for the purposes of considering appeals
under this Regulation. An appeal panel shall consist of at least 3 but not more than 5
persons appointed by the Minister, one of whom shall be designated by the Minister to be
chairperson of the panel. An appeal panel shall not consist of any person who decided or
was involved in the decision to suspend, revoke or withdraw the licence, training provider’s
certificate or rating or endorsement being the subject of the appeal in question. The Minister
may establish more than one appeal panel to consider one or more appeals. An appeal
panel shall establish its own procedure.
(2)
Where the supervisory authority decides to suspend a licence, rating or endorsement or
revoke a licence or withdraw a training provider’s certificate (having considered any
representations made to it) the supervisory authority shall notify the holder accordingly and
the holder may, within 14 days after the date of the notification, appeal to an appeal panel,
against the suspension, revocation or withdrawal, as the case may be. The licence rating or
endorsement or certificate stands suspended, revoked or withdrawn, as the case may be,
from the date of the notification, unless the appeal panel, upon an application to it, having
considered the safety of general air traffic, decides otherwise, pending the outcome of the
appeal. On hearing the appeal the appeal panel may confirm the decision, vary it or allow
the appeal and notify the applicant of its decision. The decision of the appeal panel is final
except that an appeal lies to the High Court on application to it on a specified point of law.
Such an application does not affect the decision of the appeal panel and its operation.
(3)
All expenses reasonably incurred by the supervisory authority in relation to an appeal
before an appeal panel or the High Court shall be borne by the appellant where the appeal
panel or the Court confirms or confirms with a variation the decisions of the supervisory
authority. The supervisory authority may recover these expenses as a simple contract debt
in a court of competent jurisdiction.
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
11.
Surrender of an ATC licence
11.1
Where a licence is suspended or revoked, the holder of it shall immediately surrender it to the
competent authority.
11.2
Where a rating or endorsement is suspended, the licence holder shall immediately submit the
licence to the competent authority for amendment.
12.
Notification procedures
12.1
Notification by the Authority
Where a notification is required to be given by the Authority to a person, it shall be in writing,
addressed to the person and shall be given to the person in one of the following ways—
(a)
By delivering it to the person,
(b)
By leaving it at the address at which the person carries on business or if the person is an
individual at the place where he or she resides,
(c)
By sending it by post in a pre-paid registered letter addressed to the person at the address
at which the person carries on business or if the person is an individual at the place where
he or she resides,
(d)
If an address for the service of a notification or direction has been furnished by the person,
by leaving it at, or sending it by pre-paid registered post addressed to the person to, that
address, or
(e)
By sending it by means of electronic mail or a facsimile machine, to a device or facility for
the reception of electronic mail or facsimiles located at the address at which the person
carries on business or if the person is an individual at the place where he or she resides or,
if an address for the service of a notification or direction has been furnished by the person,
that address, but only if—
(1)
The sender’s
(i)
Facility for the reception of electronic mail generates a message confirming a
receipt of the electronic mail, or
(ii)
Facsimile machine generates a message confirming successful transmission of
the total number of pages of the notification, and
(2)
The notification or direction is also given in one of the ways mentioned above.
Irish Aviation Authority
The Times Building
11–12 D’Olier Street
Dublin 2, Ireland
www.iaa.ie
Safety Regulation
Division
Údarás Eitlíochta
na hÉireann
Foirgneamh na hAmanna
11–12 Sráid D’Olier
Baile Átha Cliath 2, Éire
Rannán na Rialachán
Sábháilteachta
No.
PLAM 014
Revision
00
Area
ASD
Date
21.06.2019
12.2 Notification to the Authority
Where a notification is required to be given to the Authority by a person or organisation, it
shall be in writing, addressed to the Authority and shall be given in one of the following
ways—
(a)
By sending it by post to:
Manager RPPL,
Licensing Department, SRD,
Irish Aviation Authority,
The Times Building,
11-12 D'Olier Street,
Dublin 2,
Ireland.
(b)
By email to [email protected]
(c)
By delivering it to the Personnel Licensing Office in The Times Building.
13.
Appendices
None
End