Document ID: chunk:federal_register_of_legislation:F2023C00716:body:0:p54
Version: federal_register_of_legislation:F2023C00716
Segment Type: other
Provision Reference: 
Character Range: 249994–252714

person was assessed by an aviation English language proficiency assessor as meeting the ICAO level 5, or level 4, aviation English language proficiency standards mentioned in the Part 61 Manual of Standards; and

(b) at the commencement time, the assessment is still current (within the meaning of regulation 61.260 of CASR).

       (6) The person is taken to hold a current aviation English language proficiency (Part 65) assessment, under section 13.02, while the assessment continues to be current (within the meaning of regulation 61.260).

Chapter 14:  Conditions on licences for fatigue management

14.01 Definitions for Chapter 14

        In this Manual of Standards:

fatigue, for the holder of an ATC licence or a flight service licence, means a physiological state of reduced alertness or capability to perform mental or physical tasks, which:

(a) may impair the ability of the person to perform the person's safety-related duties; and

(b) is caused by one or more of the following:

 (i) the person's lack of sleep;

 (ii) the person's extended wakefulness;

 (iii) the person's circadian phase at any time;

 (iv) the person's workload of mental activities, or physical activities, or mental and physical activities at any relevant time.

Note   Chapter 4 of the Manual of Standards issued for Part 172 of CASR (the Part 172 MOS) provides for ATS providers to have and implement a fatigue risk management system (FRMS), approved by CASA, for the management of fatigue in its provision of air traffic services. See the definition of fatigue risk management system in section 4.02 of the Part 172 MOS.

flight service licence: see the CASR Dictionary.

14.02 Obligation on ATC licence holder not to be fatigued

        For the purposes of regulation 11.068 of CASR, it is a condition on an ATC licence that its holder must not begin to perform an air traffic control function if, due to fatigue, the holder is, or is likely to be, unfit to perform a task that the holder must perform for that function.

14.03 Obligation on flight service licence holder not to be fatigued

        For the purposes of regulation 11.068 of CASR, it is a condition on a flight service licence that its holder must not begin to perform a flight service function if, due to fatigue, the holder is, or is likely to be, unfit to perform a task that the holder must perform for that function.

Note   Under paragraph 4.03(c) of the Part 172 MOS, an ATS provider has an obligation to ensure that an ATC licence holder or a flight service licence holder, that is a member of the provider's personnel, complies with a requirement imposed on the person by section 14.02 or 14.03 of this Manual of Standards.

Notes to Manual of