- Laws of Fiji

Last Updated: 15 January 2013

[CIA 13,635] Certification of Aviation Training Institution145B

145B

(1) No person shall exercise the functions of an aviation training institution, for the training of pilots, personnel for the provision of air traffic services, air navigation services, aircraft maintenance engineering services and associated aviation support services unless such person holds an Aviation Training Institution Certificate granted by the Authority under subregulation (2).

(1A) Notwithstanding subregulation (1) above, certification is not required when—

(a)the training is being provided only for personnel who are engaged, employed or contracted by an organisation whose prime function is as a service provider and which is certificated for that function by the Authority under another legislative provision, then that organisation shall meet the remaining requirements of this regulation and any standards published by the Authority and the approval to conduct the training forms part of the certification for the organisation’s prime function; or
(b)the training is for the grant of a Commercial Pilot Licence and is not part of a course of approved training as provided for in Annex 1 at paragraph 2.4.1.3.1.

[subs (1A) insrt LN 82 of 2009 reg 76, effective 6 February 2010]

(2) The Authority may grant an Aviation Training Institution Certificate to any person applying for such a certificate if it is satisfied that such person is—

(a)competent, having regard to any of the following, his or her previous conduct and experience, equipment, facility, organisation, staffing, maintenance, quality assurance system, safety management system and other arrangements, to conduct training specified in the certificate and for the purposes so specified; and
(b)in compliance with aviation training standards published by the Authority.

[subreg (2) am LN 82 of 2009 reg 83, effective 6 February 2010]

(3) The certificate may be granted subject to such conditions as the Authority thinks fit and shall, unless previously surrendered, suspended or revoked, remain in force for the period specified in the certificate.

(4) An authorised person may inspect an aviation training institution—

(a)for the purposes of monitoring the training; or
(b)to satisfy the Authority that the holder of an Aviation Training Certificate is competent to provide the appropriate aviation training.

(5) An inspection carried out on the nature of the work pursuant to subregulation (4) includes—

(a)the examining and inspecting of the work of the personnel providing lectures and instructions; or
(b)the examining and inspecting of the equipment and facilities; or
(c)such other examination or inspection as may be necessary for the purpose of monitoring the delivery of the aviation training.

(6) The aviation training institution shall comply with any recommendations or corrective actions imposed by the Authority as a result of an examination or inspection carried out under subregulation (5).

(7) The aviation training institution that contravenes a provision of these Regulations, commits an offence and is liable on conviction to a fine not exceeding $2,000, in addition to a maximum of $1,000 a day thereafter from the commencement of the breach if the breach continues except that the total fine does not exceed $5,000.