AVIATION ACT, 1962 (ACT NO 74 OF 1962)

NINTH AMENDMENT OF THE CIVIL AVIATION REGULATIONS, 1997

The Minister of Transport has under section 22(1) of the Aviation Act, 1962 (Act No 74 of 1962) made the regulations in the Schedule hereto.

SCHEDULE

Definition

1. In these regulations unless the context otherwise indicates "the Regulations" means the Civil Aviation Regulations, 1997, published by Government Notice Nos. 8.1219 of 26 September 1997 and 8.1255 of 17 October 1997, as amended by Government Notice No R. 1735 of 24 December 1997, Government Notice No R. 1041 of 14 August 1998, Government Notice No 8.1148 of 18 September 1998, Government Notice No 8.1664 of 14 December 1998, Government Notice No 8.1701 of 31 December 1998, Government Notice No 8.639 of 21 May 1999, Government Notice No 8170 of 17 February 2000 and Government Notice No 8.171 of 18 February 2000.

Insertion of regulation 21.08.1A into Part 21 of the Regulations.

2. Regulation 21.08.1A is herewith inserted after regulation 21.08.1 into the Regulations:

"Requirements for Certificate of Airworthiness

21.08.1 A No aircraft shall be operated in the Republic unless such aircraft has been issued with a certificate of airworthiness and unless the conditions on which such certificate was issued or rendered effective are complied with.".

Insertion of regulation 11.05.1 into Part 11 of the Regulations.

3. Regulation 11.05.1 is herewith inserted after regulation 11.04.5 into the Regulations:

"Exemption from regulation 21.08.1A

11.05.1(1) The Commissioner may, on application, exempt in writing any aircraft to which conditions determined by the Commissioner and contained in Document LS/1 dated 30 November 2000 are applicable, from the provisions of regulation 21.08.1 A.

(2) In respect of aircraft exempt from the provisions of regulation 21.08.1 A, the requirements of Parts 21, 121, 127, 135 and 145 shall not apply as from the date that regulation 21.08.1A comes into force, until the repeal thereof insofar as the provisions contained in the mentioned Parts correspond with the provisions contained in the conditions in Document LS/1.

(3) Where there are no provisions in Parts 21, 121, 127, 135 and 145 that correspond with provisions in the Document LS/1, then the provisions of the Parts aforementioned shall be complied with.

(4) If the conditions contained in Document LS/1 are not complied with at all times, any aircraft subject to these conditions, shall not be operated.".

Insertion of regulation 183.00.3A into Part 183 of the Regulations.

4. Regulation 183.00.3A is herewith inserted after regulation 183.00.3 into the Regulations:

"Deeming Provisions

183.00.3A (1) Any exemption purportedly granted by the Commissioner in terms of regulation 1.10.1(b)(ii) of the Air Navigation Regulations, 1976, during the period I January 1998 until the date that regulation 21.08.1 A comes into force, shall be deemed:

1. to have been an exemption granted in terms of regulation 11.05.1(1), and
2. to have taken effect from the date on which the exemption in terms of regulation I .10.1(b)(ii) of the Air Navigation Regulations, 1976, purportedly was granted.

(2) Any conditions purportedly imposed by the Commissioner in terms of repealed regulation 1.10.1(b)(ii) of the Air Navigation Regulations, 1976 and made applicable to aircraft during the period 1 January 1998 until the date that regulation 21.08.1A comes into force, shall be deemed to be those conditions issued in terms of regulation 11.05.1(1).".

5. These Regulations are called the Ninth Amendment of the Civil Aviation Regulations, 1997, and will come into operation on the date of publication thereof.