Document ID: chunk:federal_register_of_legislation:F2013L00183:body:0:p5
Version: federal_register_of_legislation:F2013L00183
Segment Type: other
Provision Reference: 
Character Range: 11029–13698

it includes a slot for which, in each of the previous 2 equivalent scheduling seasons:

            (a) the equivalent slot was allocated to an operator for a service other than a regional service; and

            (b) the operator conducted the other service in compliance with any 'size of aircraft' requirement that applied to the slot.

     7 'Use it or lose it' test
Note See section 9 for administration of the 'use it or lose it' test.

         (1) After the completion of a slot series, the Slot Manager must:

            (a) assess whether the operator conducted a gate movement of the kind permitted by the series for at least 80% of the slots; and

            (b) if the Slot Manager is satisfied that this was not the case:
                (i) make a declaration that the operator did not comply with the 'use it or lose it' test in relation to the series; and

                (ii) notify the operator and the Secretary in writing of the declaration.

         (2) If the Slot Manager does not make a declaration in relation to a slot series, the operator is taken to have satisfied the 'use it or lose it' test in relation to the series.

     8 'Size of aircraft' test
Note See also section 9 for administration of the 'size of aircraft' test.

         (1) After the completion of a slot series for which there was a requirement as to the size of the aircraft to be used, the Slot Manager must:

            (a) assess whether the operator used an aircraft that satisfied the requirement for at least 80% of the slots; and

            (b) if the Slot Manager is satisfied that this was not the case:
                (i) make a declaration that the operator did not comply with the 'size of aircraft' test in relation to the series; and

                (ii) notify the operator and the Secretary in writing of the declaration.

Note Under subsection 18 (4), when offering a slot or a slot series to an operator, the Slot Manager may specify that it is a requirement that an aircraft of a particular size be used for the slot or slot series.

         (2) If the Slot Manager does not make a declaration in relation to a slot series, the operator is taken to have satisfied the 'size of aircraft' test in relation to the series.

     9 Administration of 'size of aircraft' and 'use it or lose it' tests

         (1) Before making a declaration under section 7 or section 8, the Slot Manager must consult the operator concerned.

         (2) For paragraph 7 (1) (a) or 8 (1) (a), an operator that did not comply with the relevant requirement for a slot is nevertheless taken to have complied if the Slot Manager is satisfied that:

            (a)