CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (AIR TRAFFIC SERVICES) REGULATIONS
(section 89)
(6th June, 2022)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
PART II
General Provisions
4. Air Navigation Services Provider Certificate
5. Establishment of air traffic services provider
6. Objectives of air traffic services
7. Divisions of air traffic services
8. Determination of need for air traffic services
9. Designation of portions of airspace and controlled aerodromes where air traffic services are provided
10. Classification of air spaces
11. Performance-Based Navigation (PBN) operations
12. Performance-Based Communication (PBC) operations
13. Performance-Based Surveillance (PBS) operations
14. Establishment and designation of units providing air traffic services
15. Specifications for flight information regions, control areas and control zones
16. Flight information regions or control areas in upper airspace
17. Control zones
18. Identification of air traffic services units and air spaces
19. Establishment and identification of ATS routes
20. Establishment of change-over points
21. Establishment and identification of significant points
22. Establishment and identification of standard routes of taxiing aircrafts
23. Co-ordination between operator and air traffic services
24. Co-ordination between military authorities and air traffic services
25. Co-ordination of activities potentially hazardous to civil aircraft
26. Aeronautical data
27. Co-ordination between meteorological and air traffic services providers
28. Co-ordination between aeronautical information services and air traffic services
29. Minimum flight altitudes
30. Service to aircraft in event of emergency
31. In-flight contingencies, strayed and unidentified aircraft
32. Interception of civil aircraft
33. Time in air traffic services
34. Establishment of requirements for carriage and operation of pressure-altitude reporting transponders
35. Safety management
36. Prescriptive fatigue management
37. Horizontal reference system
38. Vertical reference system
39. Temporal reference system
40. Language proficiency
41. Contingency arrangements
42. Identification and delineation of prohibited, restricted and danger areas
43. Instrument flight procedure design service
PART III
Air Traffic Control Service
44. Application of air traffic control service
45. Provision of air traffic control service
46. Operation of air traffic control service
47. Separation minima
48. Responsibility for control
49. Place or time of transfer
50. Co-ordination of transfer
51. Air traffic control clearances
52. Contents of clearances
53. Clearances for transonic flight
54. Read-back of clearances and safety-related information
55. Co-ordination of clearances
56. Air traffic flow management
57. Control of persons and vehicles at aerodromes
58. Provision of radar and ADS-B
59. Use of surface movement radar
PART IV
Flight Information Service
60. Application of flight information service
61. Scope of flight information service
62. Application of operational flight information service broadcasts
63. High Frequency operational flight information service broadcasts
64. VHF operational flight information service broadcasts
65. Voice-Automatic Terminal Information Service broadcasts
66. Data link-Automatic Terminal Information Service
67. Automatic Terminal Information Service (voice or data link)
68. Automatic Terminal Information Service for arriving and departing aircraft
69. Automatic Terminal Information Service for arriving aircraft
70. Automatic Terminal Information Service for departing aircraft
71. VOLMET broadcasts and D-VOLMET service
PART V
Alerting Service
72. Application of alerting service
73. Notification of rescue coordination centre
74. Use of communication facilities
75. Plotting aircraft in state of emergency
76. Information to operator
77. Information to aircraft operating in vicinity of aircraft in state of emergency
PART VI
Air Traffic Services Requirements for Communications
78. Aeronautical mobile service (air-ground communications)
79. General application of aeronautical fixed service (ground-ground communications)
80. Communications between air traffic services units
81. Communications between air traffic services units and other units
82. Description of communication facilities
83. Communications between flight information regions
84. Procedures for direct-speech communications
85. Communications for control of vehicles other than aircraft on manoeuvring areas at controlled aerodromes
86. Recording and storage of aeronautical data
PART VII
Air Traffic Services Requirements for Information
87. General meteorological information
88. Flight information centres and area control centres
89. Units providing approach control services
90. Aerodrome control towers
91. Communication stations
92. Information on aerodrome conditions and operational status of associated facilities
93. Information on operational status of navigation services
94. Information on unmanned free balloons
95. Information concerning volcanic activity
96. Information concerning radioactive materials and toxic chemical "clouds"
97. Requirements for application for exemption
98. Review and publication
99. Evaluation of request
PART VIII
Miscellaneous Provisions
100. Contravention of Regulations
101. Appeals to Appeals Tribunal
102. Offences
103. Transitional
S.I. 60, 2022.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Civil Aviation (Air Traffic Services) Regulations.
In these Regulations, unless the context otherwise requires—
"accident" means an occurrence associated with the operation of an aircraft which, in the case of—
(a) a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked; or
(b) an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—
(i) a person is fatally or seriously injured as a result of—
(aa) being in the aircraft;
(bb) direct contact with any part of the aircraft, including a part which has become detached from the aircraft; or
(cc) direct exposure to jet blast,
except where the injury is from a natural cause, self-inflicted or inflicted by another person, or where the injury is due to a stowaway hiding outside an area normally available to passengers and crew,
(ii) the aircraft sustains damage structural failure which—
(aa) adversely affects the structural strength, performance or flight characteristics of the aircraft; and
(bb) would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, and its cowlings and accessories, propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, small dents or puncture holes, the aircraft skin, minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike including holes in the radome; or
(cc) the aircraft is missing or is completely inaccessible;
"advisory airspace" means an airspace of defined dimensions, or designated route, within which an air traffic advisory service is available;
"advisory route" means a designated route along which an air traffic advisory service is available;
"aerodrome" means a defined area on land or water including any buildings, installations and equipment intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
"aerodrome control service" means an air traffic control service for aerodrome traffic;
"aerodrome control tower" means a unit established to provide air traffic control service to aerodrome traffic;
"aerodrome traffic" means traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;
"aeronautical fixed service (AFS)" means a telecommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air services;
"Aeronautical Information Publication (AIP)" means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;
"aeronautical mobile service" means a mobile service between an aeronautical station and an aircraft station, or between an aircraft station, in which survival craft stations may participate, emergency position-indicating radio beacon stations may also participate in this service on designated distress and emergency frequencies;
"aeronautical telecommunications station" means a station in the aeronautical telecommunication service;
"Airborne Collision Avoidance System (ACAS)" means an aircraft system based on Secondary Surveillance Radar (SSR) transponder signals which operates independently of ground based equipment to provide advice to the pilot on potential conflicting aircrafts that are equipped with SSR transponders;
"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;
"air-ground communication" means a two-way communication between an aircraft and a station or location on the surface of the earth;
"AIRMET information" means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en route weather phenomena which may affect the safety of low-level aircraft operations and which was not already included in the forecast issued for low-level flights in the flight information region concerned or sub-area thereof;
"air traffic" means an aircraft in flight or operating on the manoeuvring area of an aerodrome;
"air traffic advisory service" means a service provided within an advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;
"ATC" means Air Traffic Control;
"air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit;
"air traffic controller schedule" means a plan for allocating air traffic controller duty periods and non-duty periods over a period of time, otherwise referred to as a roster;
"air traffic control service (ATS)" means a service provided—
(a) for the purpose of preventing collisions between aircrafts;
(b) on the manoeuvring area between aircraft and obstructions; and
(c) for the purpose of expediting and maintaining an orderly flow of air traffic;
"air traffic control unit" means a generic term meaning variously, area control centre, approach control unit or aerodrome control tower;
"air traffic flow management (ATFM)" means a service established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible and that the traffic volume is compatible with the capacities declared by the appropriate ATS authority;
"air traffic service" means a generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service);
"air traffic services reporting office" means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;
"air traffic services unit" means a generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office;
"airway" means a control area or portion thereof established in the form of a corridor;
"ALERFA" means the code word used to designate an alert phase;
"alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required;
"alert phase" means a situation wherein apprehension exists as to the safety of an aircraft and its occupants;
"alternate aerodrome" means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use;
"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;
"Appeals Tribunal" means the Appeals Tribunal established under section 79 of the Act;
"approach control service" means air traffic control service for arriving or departing controlled flights;
"approach control unit" means a unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;
"appropriate ATS authority" means the relevant authority designated by the State responsible for providing air traffic services in the airspace concerned;
"apron" means a defined area on a land aerodrome, intended to accommodate an aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;
"apron management service" means a service provided to regulate the activities and the movement of aircraft and vehicles on an apron;
"area control centre" means a unit established to provide air traffic control service to a controlled flight in a control area under the unit's jurisdiction;
"area control service" means air traffic control service for a controlled flight in a control area;
"area navigation (RNAV)" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground or space-based navigation aids or within the limits of the capability of self- contained aids, or a combination of these;
"area navigation route" means an ATS route established for the use of an aircraft capable of employing area navigation;
"ATS route" means a specified route designed for channeling the flow of traffic as necessary for the provision of air traffic services;
"Automatic Dependent Surveillance-Broadcast (ADS-B)" means a means by which an aircraft, aerodrome vehicles and other objects can automatically transmit or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;
"Automatic Dependent Surveillance-Contract (ADS-C)" means a means by which the terms of an ADS-C agreement is exchanged between the ground system and the aircraft, via a data link, specifying under what conditions ADS-C reports would be initiated, and what data would be contained in the reports;
"Automatic Terminal Information Service (ATIS)" means the automatic provision of current routine information to an arriving or departing aircraft throughout 24 hours or a specified portion thereof;
"base turn" means a turn executed by an aircraft during the initial approach between the end of the outbound track and the beginning of the intermediate or final approach track;
"calendar" means a discrete temporal reference system that provides the basis for defining temporal position to a resolution of one day;
"change-over point" means the point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omni-directional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;
"clearance limit" means the point to which an aircraft is granted an air traffic control clearance;
"conference communications" means communication facilities whereby direct speech conversation may be conducted between three or more locations simultaneously;
"control area" means a controlled airspace extending upwards from a specified limit above the earth;
"controlled aerodrome" means an aerodrome at which air traffic control service is provided to aerodrome traffic;
"controlled airspace" means an airspace of defined dimensions within which an air traffic control service is provided in accordance with the airspace classification;
"controlled flight" means any flight which is subject to an air traffic control clearance;
"Controller-Pilot Data Link Communications (CPDLC)" means a means of communication between a controller and a pilot, using data link for ATC communications;
"control zone" means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;
"cruising level" means a level maintained during a significant portion of a flight;
"danger area" means an airspace of defined dimensions within which an activity dangerous to a flight of aircraft may exist at a specified time;
"Data link-Automatic Terminal Information Service (D-ATIS)" means the provision of ATIS through data link;
"data link communications" means a form of communication intended for the exchange of messages via a data link;
"Data-link VOLMET (D-VOLMET)" means provision of current aerodrome routine meteorological reports and aerodrome special meteorological reports, aerodrome forecasts, SIGMET, special air-reports not covered by a SIGMET and where available, AIRMET via data link;
"datum" means any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities;
"declared capacity" means a measure of the ability of the ATC system or any of it's subsystems or operating positions to provide a service to an aircraft during normal activities and is expressed as the number of aircrafts entering a specified portion of an airspace in a given period of time, taking due account of weather, ATC unit configuration, staff and equipment available, and any other factor that may affect the workload of the controller responsible for the airspace;
"DETRESFA" means the code word used to designate a distress phase;
"distress phase" means a situation where there is reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger or require immediate assistance;
"downstream clearance" means a clearance issued to an aircraft by an air traffic control unit that is not the current controlling authority of that aircraft;
"duty" means any task that an air traffic controller is required by the air traffic services provider to perform and these tasks include those performed during time-in-position, administrative work and training;
"duty period" means a period which starts when an air traffic controller is required by an air traffic service provider to report for or to commence a duty and ends when an air traffic controller is free from all duties;
"emergency phase" means a generic term meaning uncertainty phase, alert phase or distress phase;
"fatigue" means a physiological state of reduced mental or physical performance capability resulting from sleep loss, extended wakefulness, circadian phase, or workload, mental or physical activity that can impair a person's alertness and ability to perform safety-related operational duties;
"Fatigue Risk Management System (FRMS)" means a data-driven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles, knowledge and operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness;
"final approach" means that part of an instrument approach procedure which commences at the specified final approach fix or point, or where such a fix or point is not specified—
(a) at the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if specified; or
(b) at the point of interception of the last track specified in the approach procedure; and
(c) ends at a point in the vicinity of an aerodrome from which—
(i) a landing can be made, or
(ii) a missed approach procedure is initiated;
"flight information centre" means a unit established to provide flight information service and alerting service;
"flight information region" means an airspace of defined dimensions within which flight information service and alerting service are provided;
"flight information service" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
"flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;
"flight plan" means specified information provided to an air traffic service unit, relative to an intended flight or portion of a flight of an aircraft;
"forecast" means a statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of an airspace;
"gregorian calendar" means the calendar in general use, first introduced in 1582 to define a year that more closely approximates the tropical year than the Julian calendar;
"height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;
"human factor principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;
"human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;
"instrument flight procedure design service" means a service established for the design, documentation, validation, maintenance and periodic review of instrument flight procedures necessary for the safety, regularity and efficiency of air navigation;
"Instrument Flight Rules (IFR)" means the symbol used to designate the Instrument Flight Rules;
"IFR flight" means a flight conducted in accordance with the Instrument Flight Rules;
"INCERFA" means a code word used to designate an uncertainty phase;
"incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;
"Instrument Meteorological Conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for Visual Meteorological Conditions;
"integrity classification (aeronautical data)" means classification based upon the potential risk resulting from the use of corrupted data classified as—
(a) routine data: there is a very low probability when using corrupted routine data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;
(b) essential data: there is a low probability when using corrupted essential data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe; and
(c) critical data: there is a high probability when using corrupted critical data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;
"international NOTAM office" means an office designated by the Authority for the exchange of NOTAM internationally;
"level" means a generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level;
"manoeuvring area" means that part of an aerodrome to be used for the take-off, landing or taxiing of an aircraft, excluding an apron;
"meteorological office" means an office designated to provide meteorological service for international air navigation;
"movement area" means that part of an aerodrome to be used for the take-off, landing or taxiing of an aircraft, consisting of the manoeuvring area and the apron;
"navigation specification" means a set of aircraft and flight crew requirements needed to support performance-based navigation operations within a defined airspace. There are two kinds of navigation specifications—
(a) "Required Navigation Performance (RNP) specification" means a navigation specification based on area navigation that includes the requirement for performance monitoring and alerting, designated by the prefix RNP, such as RNP 4, RNP APCH; and
(b) area navigation (RNAV) specification" means a navigation specification based on an area navigation that does not include the requirement for performance monitoring and alerting, designated by the prefix RNAV, such as RNAV 5, RNAV 1;
"night" means the time between 30 minutes after sunset and 30 minutes before sunrise, sunset and sunrise being determined at surface level;
"non-duty period" means a continuous and defined period of time, subsequent to, or prior to duty periods, during which the air traffic controller is free of his or her duties;
"NOTAM" means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;
"obstacle" means a fixed, whether temporary or permanent, or mobile object, or part thereof, that—
(a) is located on an area intended for the surface movement of an aircraft;
(b) extends above a defined surface intended to protect aircraft in flight; or
(c) stands outside the defined surfaces, and that have been assessed as being a hazard to air navigation;
"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;
"Performance-Based Navigation (PBN)" means an area navigation based on performance requirements for an aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;
"Performance-Based Communication (PBC)" means communication based on performance specifications applied to the provision of air traffic services;
"Performance-Based Surveillance (PBS)" means surveillance based on performance specifications applied to the provision of air traffic services;
"printed communications" means communications which automatically provide a permanent printed record at each terminal of a circuit of messages which pass over such circuit;
"prohibited area" means airspace of defined dimensions, above the land area or territorial waters of a State, within which the flight of an aircraft is prohibited;
"radio navigation service" means a service providing guidance information or position data for the efficient and safe operation of an aircraft supported by one or more radio navigation aid;
"radiotelephony" means a form of radio communication primarily intended for the exchange of information in the form of speech;
"reporting point" means a specified geographical location in relation to which the position of an aircraft can be reported;
"Required Communication Performance (RCP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support Performance-Based Communication;
"Required Surveillance Performance (RSP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support Performance-Based Surveillance;
"rescue coordination centre" means a unit responsible for promoting efficient organisation of search and rescue services and for co-ordinating the conduct of search and rescue operations within a search and rescue region;
"restricted area" means an airspace of defined dimensions, above the land area or territorial waters of Botswana, within which the flight of an aircraft is restricted in accordance to certain specified conditions;
"runway" means a defined rectangular area on a land aerodrome prepared for the landing or take-off of an aircraft;
"Runway Visual Range (RVR)" means the range over which a pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;
"safety management system" means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;
"SIGMET information" means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en route weather and other phenomena in the atmosphere that may affect the safety of aircraft operations;
"significant point" means a specified geographical location used in defining an ATS route or the flight path of an aircraft and for other navigation and ATS purposes;
"special VFR flight" means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC or at night;
"state safety programme" means an integrated set of regulations and activities aimed at improving safety;
"strayed aircraft" means an aircraft which has deviated significantly from its intended track or which reports that it is lost;
"taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off or landing;
"terminal control area" means a control area normally established at the confluence of ATS routes in the vicinity of one or more major aerodromes;
"time-in-position" means the period of time when an air traffic controller is exercising the privileges of the air traffic controller's licence at an operational position;
"track" means the projection on the earth's surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from north (true, magnetic or grid);
"traffic avoidance advice" means advice provided by an air traffic service unit specifying manoeuvers to assist a pilot to avoid a collision;
"traffic information" means information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight, and to help the pilot avoid a collision;
"transfer of control point" means a defined point located along the flight path of an aircraft, at which the responsibility for providing air traffic control service to the aircraft is transferred from one control unit or control position to the next;
"transferring control unit" means an air traffic control unit in the process of transferring the responsibility for providing air traffic control service to an aircraft to the next air traffic control unit along the route of flight;
"uncertainty phase" means a situation where uncertainty exists as to the safety of an aircraft and its occupants;
"unidentified aircraft" means an aircraft which has been observed or reported to be operating in a given area but whose identity has not been established;
"Visual Flight Rules (VFR)" means the symbol used to designate the Visual Flight Rules;
"VFR flight" means a flight conducted in accordance with the Visual Flight Rules;
"Visual Meteorological Conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima;
"Voice-Automatic Terminal Information Service (Voice-ATIS)" means provision of ATIS by means of a continuous and repetitive voice broadcast; and
"VOLMET" means meteorological information for aircraft in flight.
These Regulations shall apply to any person providing air traffic services within a designated air space and at an aerodrome registered in Botswana.
PART II
General Provisions (regs 4-43)
4. Air Navigation Services Provider Certificate
A person who wishes to provide air traffic services shall have an Air Navigation Services Provider Certificate issued in accordance with the Civil Aviation (Air Navigation Services) Regulations (Cap. 71:01 (Sub. Leg.)).
5. Establishment of air traffic services provider
(1) The Authority shall determine, those portions of an airspace and those aerodromes where air traffic services shall be provided including territories over which the Authority has jurisdiction.
(2) Air traffic services shall be provided in accordance with these Regulations, except that by mutual agreement, the Authority may delegate to another State the responsibility for establishing and providing air traffic services in flight information regions, control areas or control zones extending over the territory of Botswana.
(3) The portion of the airspace of undetermined sovereignty where air traffic services are provided shall be determined on the basis of a regional air navigation agreement.
(4) Where Botswana has accepted the responsibility to provide air traffic services in such portions of airspace referred to under subregulation (3), the Authority shall arrange for such services to be established and provided in accordance with these Regulations.
(5) Where it has been determined that air traffic services will be provided, the Authority shall designate the air navigation services provider to be responsible for providing such services.
(6) Where air traffic services are established, information shall be published in the AIP, as necessary to permit the utilisation of such services.
6. Objectives of air traffic services
The objectives of the air traffic services shall be to—
(a) prevent collisions between aircraft;
(b) prevent collisions between aircraft on the manoeuvring area and obstructions on that area;
(c) expedite and maintain an orderly flow of air traffic;
(d) provide advice and information useful for the safe and efficient conduct of flights; and
(e) notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required.
7. Divisions of air traffic services
Air traffic services provided for the purpose of these Regulations shall comprise of the—
(a) air traffic control service;
(b) area control service;
(c) approach control service;
(d) aerodrome control service;
(e) flight information service; and
(f) alerting service.
8. Determination of need for air traffic services
(1) The need for the provision of air traffic services shall be determined by consideration of the following—
(a) the types of air traffic involved;
(b) the density of air traffic;
(c) the meteorological conditions; and
(d) such other factors as may be relevant.
(2) The requirement for an aircraft to carry ACAS whilst flying in a given area shall not be considered as a factor in determining the need for air traffic services in that area.
9. Designation of portions of airspace and controlled aerodromes where air traffic services are provided
(1) Where it has been determined that air traffic services shall be provided in particular portions of an airspace or at a particular aerodrome, the portions of the airspace or the aerodromes shall be designated in relation to the air traffic services that are to be provided.
(2) The designation of the particular portions of the airspace or aerodromes shall be—
(a) light information regions, portions of the airspace where it is determined that flight information service and alerting service will be provided, shall be designated as flight information regions;
(b) control areas and control zones—
(i) portions of the airspace where it is determined that air traffic control services are provided to IFR flights shall be designated as control areas or control zones,
(ii) portions of controlled airspace wherein it is determined that air traffic control services are also provided to VFR flights shall be designated as Classes B, C, or F airspace, and
(iii) where designated within a flight information region, control areas and control zones shall form part of that flight information region;
(c) controlled aerodromes and such aerodromes where it is determined that air traffic control services are provided to aerodrome traffic shall be designated as controlled aerodromes;
(d) reduced vertical separation minima airspace;
(e) a sector, if the Authority considers such a designation is necessary to facilitate the provision of air traffic services within the flight information region; and
(f) air traffic services routes and significant points along the routes.
(3) The Authority may designate portions of the airspace as special use airspace if it considers such airspace necessary in the interest of safety or national security or for any other reasons in the public interest.
(4) Subject to subregulation (3), a special use airspace may be designated as—
(a) restricted area;
(b) prohibited area;
(c) danger area;
(d) low flying zone; and
(e) flight training area.
(5) The lateral limits of the airspaces designated under this regulation shall be defined by—
(a) WGS-84 geographical co-ordinates; or
(b) the prominent geographical lines, circles or any part of a circle of a specified radius or great circle between two points or a parallel of latitude.
(6) The vertical limits of airspaces designated under these Regulations shall be defined by heights, altitudes or flights levels.
(7) The Authority shall publish the designation of particular portions of the airspace in the relevant aeronautical publications.
10. Classification of airspaces
(1) The Authority shall classify designated controlled airspace as set out in Schedule 1.
(2) The Authority shall select airspace classes in accordance with the needs of the State.
(3) The requirements for flights within each class of airspace shall be as set out in the table in Schedule 1.
11. Performance-Based Navigation (PBN) operations
(1) The navigation specifications for PBN within the Gaborone Flight Information Region shall be in accordance with subregulation (2).
(2) PBN specifications shall be as follows—
(a) RNAV 5 and RNAV 2 for en route continental ATS routes;
(b) RNAV 1 and RNP 1 for terminal area arrival or departure; and
(c) RNP APCH with (Bavo-RNAV), APV and LNAV for approach.
(3) An ATS provider shall implement Performance-Based Navigation within designated airspaces and aerodromes in accordance with the set specifications.
12. Performance-Based Communication (PBC) operations
(1) The Authority shall determine RCP specifications when applying Performance-Based Communication (PBC).
(2) Where applicable, the RCP specifications shall be determined on the basis of regional air navigation agreements.
(3) The RCP specification shall be appropriate to the air traffic services provided in the Gaborone Flight Information Region.
13. Performance-Based Surveillance (PSB) operations
(1) The Authority shall determine RSP specifications when applying Performance-Based Surveillance (PBS).
(2) Where applicable, the RSP specification shall be determined on the basis of regional air navigation agreements.
(3) The RSP specification shall be appropriate to the air traffic services provided.
(4) The ATS units shall be provided with equipment capable of performance consistent with the RSP specifications where applicable.
14. Establishment and designation of units providing air traffic services
The air traffic services shall be provided by units established and designated as follows—
(a) flight information established to provide flight information service and alerting service within flight information regions, unless the responsibility of providing such services within a flight information region is assigned to an air traffic control unit having adequate facilities for the discharge of such responsibility; or
(b) air traffic control units established to provide air traffic control services, flight information service and alerting service within control areas, control zones and at controlled aerodromes.
15. Specifications for flight information regions, control areas and control zones
(1) The delineation of airspace, wherein air traffic services are to be provided, shall be related to the nature of the route structure and the need for efficient service rather than to national boundaries.
(2) A flight information region shall—
(a) be delineated to cover the whole of the air route structure to be served by such regions; and
(b) include all airspace within the flight information region's lateral limits except as limited by an upper flight information region.
(3) Where a flight information region is limited by an upper flight information region, the lower limit specified for the upper flight information region shall constitute the upper vertical limit of the flight information region and shall coincide with a VFR cruising level of the tables as set out in Schedule 1 to the Civil Aviation (Rules of the Air) Regulations (Cap. 71:01 (Sub. Leg.)).
(4) A control area including, inter alia, airways and terminal control areas, shall be delineated so as to encompass sufficient airspace to contain the flight paths of IFR flights or portions thereof to which it is desired to provide the applicable parts of the air traffic control service, taking into account the capabilities of the navigation aids normally used in that area.
(5) A lower limit of a control area shall be established at a height above the ground or water of not less than 200 m (700 ft).
(6) The lower limit of a control area shall, when practicable and desirable in order to allow freedom of action for VFR flights below the control area, be established at a greater height than the minimum specified in subregulation (5).
(7) When the lower limit of a control area is above 900 m (3 000 ft) Mean Sea Level (MSL) it shall coincide with a VFR cruising level of the table as set out in Schedule 1 to the Civil Aviation (Rules of the Air) Regulations.
(8) An upper limit of a control area shall be established when either—
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