Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p40
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 40/117)
Character Range: 3605819–3608530

in accordance with that procedure.
 (3) However, the provider may deviate from a procedure or rule mentioned subregulation (1), or a regional supplementary procedure mentioned in subregulation (2), if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.
 (4) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.

172.080  Compliance with provider's operations manual
  An ATS provider must ensure that any air traffic service that it provides is provided in accordance with its provider's operations manual.

172.085  Priority of standards
  If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with a standard in the Manual of Standards and a standard in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP, and it is not possible to comply with both standards, the provider is only required to ensure that the service is provided in accordance with the standard in the Manual.

172.090  Priority of inconsistent procedures
 (1) In this regulation:
procedure includes rules.
 (2) If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with 2 or more procedures that are inconsistent, the provider is only required to ensure that the service is provided in accordance with whichever of the procedures has the highest priority.
 (3) For this regulation, 2 or more procedures are inconsistent if:
 (a) it is not possible to comply with both or all of the procedures; or
 (b) they require the same, or substantially similar, action to be taken at different times or in a different way.
 (4) The order of priority of a procedure is as follows (starting with those of highest priority):
 (a) procedures in Parts 1 and 2 of the AIP;
 (b) procedures for aeronautical telecommunications in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP;
 (c) procedures in ICAO Doc. 7030;
 (d) procedures in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP;
 (e) any procedures in the provider's operations manual.

Division 172.C.3—Standards for facilities and equipment

172.095  Facilities and equipment
 (1) An ATS provider must, at all times, make available for use by its personnel the equipment and facilities necessary for providing, in accordance with the standards set out in the Manual of Standards, the air traffic services covered by its approval.
 (2) The equipment must include equipment of the kinds specified in the Manual of Standards.
 (3) Any equipment