Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 172.090

Priority of inconsistent procedures

             (1)  In this regulation:

"procedure" includes rules.

             (2)  If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with 2 or more procedures that are inconsistent, the provider is only required to ensure that the service is provided in accordance with whichever of the procedures has the highest priority.

             (3)  For this regulation, 2 or more procedures are inconsistent if:

                     (a)  it is not possible to comply with both or all of the procedures; or

                     (b)  they require the same, or substantially similar, action to be taken at different times or in a different way.

             (4)  The order of priority of a procedure is as follows (starting with those of highest priority):

                     (a)  procedures in Parts 1 and 2 of the AIP;

                     (b)  procedures for aeronautical telecommunications in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP;

                     (c)  procedures in ICAO Doc. 7030;

                     (d)  procedures in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP;

                     (e)  any procedures in the provider's operations manual.



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