Factual Information 2015:1.17 Organisational and Management Information/1.17.1.1.2
This page contains an extract from MH370/01/15 Factual Information which accompanied the (first) Interim Statement released by The Malaysian ICAO Annex 13 Safety Investigation Team for MH370 on 8th March 2015.
1.17.1.1.2 Air Traffic Inspectorate (ATI) Division
The ATI Division is the regulatory body that oversees the provision of Air Navigation Services (ANS) by the ANS providers to ensure compliance with the national legislations, namely the Civil Aviation Act 1969 and the Civil Aviation Regulations 1996, and ANS-related ICAO Annexes to the Chicago Convention.
The ATI Division develops and establishes the ANS safety standards and performs safety oversight and surveillance activities with the sole aim of regulating the ANS providers. The regulatory Manual of ANS Inspectorate contains the requirements and procedures pertaining to the provision of the ANS, based mainly on the standards and recommendation (SARPS) of ICAO Annexes to the Chicago convention, other ICAO documents and best practices, as may be determined by the ATI Division develops and establishes the ANS safety standards and performs safety oversight and to be applicable in Malaysia. From time to time the ATI Division develops and establishes the ANS safety standards and performs safety oversight and may supplement these ANS safety standards in the form of safety publications such as Air Traffic Inspectorate Directives (ATIDS) or Aeronautical Information Circulars (AIC). Where appropriate, these safety publications will be incorporated into the Manual by amendments.
- a) Safety Oversight Audit/Inspection of ANS Providers are conducted to effectively regulate the provision of ANS, The ATI Division develops and establishes the ANS safety standards and performs safety oversight and schedules formal annual audits and inspections, and also as and required, for which no notification is given. The audit utilises protocols and compliance checklists to evaluate the level of adherence to stipulated national legislations, and ANS-related ICAO Annexes to the Chicago Convention and ICAO documents, including best practices. Audits are carried out on the ATM Sector at Headquarters, and the ATS Units and ATC training organisations for both the DCA and Royal Malaysian Air Force (RMAF).
- b) ATC Examination activities include all ATC courses at ATC organisations that are approved by the DGCA and operational ATC examinations at ATS units that control civil air traffic. However, some functions are delegated to designated ATC Check Officers who are appointed on a two-year basis by the DGCA.
- c) ATC Licensing provisions are promulgated in the Civil Aviation Regulations 1996. The ATID is the authority for issuance, renewal, endorsement and validation of an ATC Licence and an ATC Trainee Licence in accordance with ICAO Annex 1 to the Chicago Convention.
- d) Class 3 Medical Assessment for ATCOs, as part of the pre-requisite for an ATC Licence and an ATC Trainee Licence, shall only be issued by a Designated Aviation Medical Examiner (DAME). The ATI Division develops and establishes the ANS safety standards and performs safety oversight and maintains a comprehensive database of licensing information for all licensed holders.
- e) English Language Proficiency (ELP) Assessment is required for ATCOs and aeronautical station operators, and they must meet the minimum required proficiency level for radiotelephony communications i.e. Level 4 in accordance with ICAO Annex 1 to the Chicago Convention.
- f) ATC Incident Investigations are carried out for ATC safety-related occurrences to evaluate the effectiveness of the ATC system and its components, as well as recommending mitigation actions towards enhancements. The investigative process includes the Incident Review Panel (IRP), THE Board of Inquiry (BOI) and the Safety Review Boards).
To enable the military to meet its national operational requirements, a number of control zones, training areas and danger areas have been established. Operational control of these airspaces and responsibility for the provision of air traffic services within these airspaces have been delegated to the military. Close cooperation and coordination between the civil and military authorities has been established.
Provision of approach control service (within lateral limits of Butterworth Control Zone: 5,500 ft. altitude – FL245. (elsewhere 2,500 ft. altitude - FL245). Air traffic to/from the civilian Penang International Airport (PIA) is provided by military ATCOs who have been licensed by the ATI Division develops and establishes the ANS safety standards and performs safety oversight and to ensure the provision of services to civil traffic. The rationale for such an arrangement is based on the military activities at Butterworth Military Airport (BMA) which is in close proximity to PIA, and other military activities carried out over the high seas in danger areas WMD 412A and WMD 413A (permanently established). Furthermore, the final approach segments of both the PIA and the BMA intersect. No major incident has been recorded with the present arrangement/delegation of authority.
In addition to the licensing and validation of ATCOs, the ATI Division develops and establishes the ANS safety standards and performs safety oversight and is responsible for regulating the checks and standards units at various ATS facilities. It also conducts safety oversight of military ATCOs who are charged with the responsibility of providing air traffic services to civil flights in selected portions of the airspace.
The ATI Division also develops and establishes the ANS safety standards and performs safety oversight and has also developed appropriate processes and procedures to enable the division to carry out its safety oversight functions in accordance with established requirements and in a standardised manner. The Division also has the necessary facilities and equipment to enable the personnel to carry out their safety oversight functions in an effective manner. All necessary procedures, including guidance material, have been developed.
Source: Malaysian ICAO Annex 13 Safety Investigation Team for MH370, 8 March 2015, Factual Information MH370/01/15
The Factual Information was updated in 2018 by the Safety Investigation Report MH370/01/2018 which added new content but did not include all of the previous data.