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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.703 Certified air/ground radio services and operators

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.703

Certified air/ground radio services and operators

Air/ground radio services

  (1)   If, immediately before the commencement time, a certification of an air/ground radio service was in force for an aerodrome for the purposes of Division   139.F.3 of the old Part   139 Regulations then, at and after that time:

  (a)   the operator of the aerodrome is taken to hold an approval granted for the purposes of regulation   139.155 of the new Part   139 Regulations for that service:

  (i)   subject to any conditions in force for the certification immediately before the commencement time; and

  (ii)   for the period (if any) during which the certification would otherwise have remained in force, unless the approval taken to be held is sooner suspended or cancelled; and

  (iii)   subject otherwise to the new Part   139 Regulations; and

  (b)   the new Part   139 Regulations otherwise apply in relation to the service.

  (2)   If, before the commencement time, a person had made a request to CASA in accordance with regulation   139.410 of the old Part   139 Regulations for the certification of an air/ground radio service, but CASA had not made a decision on the request immediately before that time:

  (a)   Division   139.F.3 of the old Part   139 Regulations, and the old Part   139 Manual of Standards, continue to apply in relation to the request and CASA's decision on the request; and

  (b)   CASA may certify the service accordingly under regulation   139.410 of the old Part   139 Regulations; and

  (c)   such a certification has effect as if it were an approval granted for the purposes of regulation   139.155 of the new Part   139 Regulations; and

  (d)   the new Part   139 Regulations otherwise apply in relation to the service.

Operators of air/ground radio services

  (3)   If, immediately before the commencement time, a certification of a person as the operator of an air/ground radio service was in force for an aerodrome for the purposes of Division   139.F.3 of the old Part   139 Regulations then, at and after that time:

  (a)   the operator of the service is taken to hold an approval granted for the purposes of regulation   139.160 of the new Part   139 Regulations to operate the service:

  (i)   subject to any conditions in force for the certification immediately before the commencement time; and

  (ii)   for the period (if any) during which the certification would otherwise have remained in force, unless the approval taken to be held is sooner suspended or cancelled; and

  (iii)   subject otherwise to the new Part   139 Regulations; and

  (b)   the new Part   139 Regulations otherwise apply in relation to the approval.

  (4)   If, before the commencement time, a person had made an application to CASA in accordance with regulation   139.430 of the old Part   139 Regulations for certification as the operator of an air/ground radio service for an aerodrome, but CASA had not made a decision on the application immediately before that time:

  (a)   CASA must (subject to regulation   11.055) grant an approval to the applicant under regulation   139.010 of the new Part   139 Regulations for the purposes of regulation   139.160 of the new Part   139 Regulations, if CASA is satisfied that the person meets the requirements for operating a certified air/ground radio service prescribed by the new Part   139 Manual of Standards as in force immediately after the commencement time; and

  (b)   subregulation   11.055(1B) applies to the granting of the approval.

  (5)   At and after the commencement time, a person who holds, or who is, under this regulation, taken to hold, an approval granted for the purposes of regulation   139.160 of the new Part   139 Regulations to operate an air/ground radio service for an aerodrome is taken also to be approved for the purposes of paragraph   120(1)(b) of CAR (weather reports not to be used if not made with authority).

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