5.2 Related Legislation
5.2.1 The requirements in this document are not intended to supersede or conflict with statutory requirements, and therefore the obligation to comply with statutory requirements remains. This includes compliance with European Regulations that automatically become UK Law and European Directives that are enacted into UK legislation before they become binding.
5.2.2 The Single European Sky (SES) Regulations introduced a number of new procedures and requirements that impact on Air Navigation Service Providers, including Air Traffic Service Providers (ATC and FIS units) and manufacturers of ATM equipment. The CAA will provide information to ANSPs as details emerge by the most appropriate means for the matter to be conveyed, such as CAA Information Notices, Safety Notices and bulletins published on the CAA website.
NOTE: See ATSIN 193 (www.caa.co.uk/atsin193) and CAA Information Notice IN-2010/01 (www.caa.co.uk/IN201001) for further information regarding CAA Information Notices and Safety Notices.
See Directory page 2 for useful addresses that provide information relating to SES and other European activities.
5.2.3 ATM CNS radio equipment is required to comply with the Radio and Telecommunications Terminal Equipment Directive (R&TTED) 1999/5/EC. Guidance on the application of the R&TTED for ATM CNS can be found at the following websites:
DTI: www.dti.gov.uk/strd/rtte.html
OFCOM: www.ofcom.org.uk/radiocomms/
European Commission: www.ec.europa.eu/enterprise/sectors/rtte/index_en.htm
5.3 Requirements and Guidance Material
5.3.1 The CAA regulates civil aviation in the United Kingdom in order to ensure that high safety standards are set and achieved in co-operation with those regulated whilst minimising the regulatory burden.
5.3.2 This objective is achieved by providing the industry with requirements and guidance material to aid the assessment of initial and ongoing compliance with those requirements by Service Providers.
5.3.3 The CAA's Safety Regulation Group (SRG) will continually review its published aviation safety requirements and, where practical, restate them in terms of the objective that is to be achieved.
5.3.4 This process, subject to the effects of EU legislation, may result in many currently prescriptive requirements being expressed as a safety objective. Many safety objectives will be accompanied by one or more methods of compliance which are acceptable to the CAA (commonly referred to as acceptable means of compliance or AMCs). ATS Providers will be at liberty to utilise an AMC or an alternative solution of their own choice provided that it is demonstrated that the safety objective is achieved.
5.3.5 It should be noted that not all of the requirements in this document have been restated in objective terms.
5.3.6 Existing approval holders must recognise that these requirements may be changed from time to time on grounds of safety, potentially necessitating re-approval. A reasonable period of prior notification would normally be given in such circumstances.
5.4 Requirements Capture
5.4.1 Requirements capture is the process of identifying a need for new or amended requirements and may be triggered by: a) Ad Hoc Comments and Formal Consultation on CAP 670
b) International Obligations Changes to ICAO Standards and Recommended Practices related to the provision of Air Traffic Services.
c) Eurocontrol Safety Regulation Commission Changes introduced as a Eurocontrol Safety Regulation Requirement (ESARR). d) U.K. and European Legislation Changes to U.K. Legislation, EU Regulations and EU Directives, directly or indirectly related to the provision of Air Navigation Services. e) CAA SRG Policy and Strategy Changes to the scope of regulation or the indication of the CAA SRG position on a particular issue. Re-drafting of existing requirements into Objective Based Safety Requirements. f) Air Traffic Service Environment Monitoring the Air Traffic Service environment, by means of the Mandatory Occurrence Reporting (MOR) Scheme or other mechanism, to identify safety risks. g) Industry Demand Air Traffic Service Providers may wish to bring into service systems or equipment, or to implement procedures, for which no applicable requirements currently exist. h) New Technology Introduction and developments of new technology in the provision of Air Traffic Services.
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