ICAO English language proficiency standards for air traffic service personnel (CD 2301AS)

We sought industry feedback over the period 20 April to 7 May 2023 for a proposed amendment to the Part 65 Manual of Standards (MOS) that would formally adopt International Civil Aviation Organization (ICAO) English language proficiency (ELP) standards for air traffic service (ATS) personnel.

We said the amendment was based on standards specified in Annex 1 to the Chicago Convention but would use language proficiency terms and procedures specified in Part 61 of the Civil Aviation Safety Regulations 1998 (CASR) (Flight crew licensing).

The standards would apply to:

• anyone who performs an air traffic control (ATC) or flight service function under Part 65 of CASR
• current or future applicants for an ATC or flight service licence.

About this consultation
ICAO implemented standards for ELP in 2008. At the time, we determined that the standards were relevant for Australian ATS personnel and we consulted with industry about expanding the existing language requirements to comply with the ICAO standard. However, despite favourable responses, it was not possible to carry out the proposed amendment to Part 65 of CASR.

In the intervening time, the national ATS provider, Airservices Australia (AA), voluntarily introduced the ICAO ELP standard for all its operational staff. We also introduced ICAO-compliant aviation ELP (AELP) standards for flight crew (Part 61 of CASR and authorisations for non-licensed personnel (Part 64 of CASR).

While voluntary compliance achieves the objective of the ICAO standard, this arrangement is not adequate, particularly for demonstrating compliance with an ICAO standard.

We identified that amending the Part 65 MOS would achieve the same outcome as the originally proposed amendment to Part 65 of CASR. The recent consultation was based on this premise.

We received 5 responses. One from an ATS provider, 1 from an air traffic controller, and 3 from pilots. Three respondents consented to having their comments published, while the remaining 2 requested their submissions be kept confidential.

Summary of feedback
The feedback clearly supported the proposed amendment. It was apparent that all respondents recognised the importance of clear communications in aviation and having appropriate standards to facilitate such communication.

One respondent said that constraining the scope of the standards to Part 65 was too narrow and similar standards should also apply to all those who verbally communicate as part of their regulated aviation role. The respondent gave examples, such as: aviation rescue and firefighting personnel personnel, NOTAM or briefing office staff, aerodrome safety personnel and certain CASA officers.

Another respondent observed that some student pilots, at a regional aerodrome, speak very quickly on the aviation frequencies, and this causes confusion. The respondent asked if the English language proficiency test assesses speech rate and sought CASA assistance to resolve the issue.

Next steps
We appreciate all the comments provided by the respondents to this consultation.

Regarding the recommendation for ELP standards to apply to a broader range of personnel, we would like to point out that, according to the Manual on the Implementation of ICAO Language Proficiency Requirements (ICAO Doc 9835), ICAO’s primary focus is on improved aeronautical radiotelephony communications and cockpit resource management (CRM). As such, these matters are covered by a range of Australian legislation for AELP, including:

• Division 61.B.5 of CASR – which applies to flight crew
• Subpart 64.B of CASR – which applies to any person, other than flight crew and ATS personnel, who transmits on an aviation safety radio frequency
• Subregulations 121.655 and 135.455 of CASR – which apply to all air crew members (flight attendants etc) of an air transport operator.

In particular, subpart 64.B of CASR captures most of the persons cited by the respondent, including aviation rescue and firefighting personnel, aerodrome reporting officers, and aerodrome safety officers.

We are of the view that, while proficiency in the English language is beneficial for non-radiotelephony-based briefing services and CASA regulatory services, it is not necessary for persons performing these services to have a formal assessment.

Regarding the respondent's concern about language proficiency among some student pilots, we acknowledge that neither Australian nor ICAO AELP requirements include a specific 'words-per-minute' assessment. However, the standards do require applicants to demonstrate an ability to 'communicate effectively in voice-only (telephone/ radiotelephone) and in face-to-face situations'. Effective communication logically includes an appropriate speech rate. CASA is also directly addressing such matters through its current series of industry seminars on operations at non-controlled aerodromes. These seminars are presented by aviation safety advisers. Theses seminars include discussion about correct and effective communication techniques.

In conclusion - based on the positive feedback, we intend to proceed with changes consulted on in CD 2301AS. We anticipate making the amendments by mid-2023.