Government Gazette

Vol. 414 , No. 20767 , 30 December 1999

Regulation Gazette, No. 6705

No. R. 1541 of 30 December 1999

DEPARTMENT OF TRANSPORT

AVIATION ACT 1962

PROPOSED AMENDMENT OF THE CIVIL AVIATION REGULATIONS

Under Regulation 11.03.2(1)(a) of the Civil Aviation Regulations, the Chairperson of the Regulations Committee hereby publishes for comment, the proposed amendments to the Civil Aviation Regulations, 1997 as set out in the Schedule. Any comments or representations on this proposed amendment should be lodged in writing with the Chairperson of the Regulations Committee for attention: Mr. Levers Mabaso, Private Bag X193, Pretoria, 0001, fax no (012) 323-7007 or e-mail at MabasoL@ndot.pwv.gov.za before or on 7 February 2000.

SCHEDULE 1

1.  PROPOSAL FOR THE AMENDMENTS OF REGULATIONS 11.03.2 AND 11.03.3

PROPOSER
Cor Beek
PO Box 71582
Die Wilgers
0041

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an aviation consultant.

1.1 AMENDMENT OF REGULATIONS 11.03.2 AND 11.03.3
PROCESSING AND CONSIDERATION OF PROPOSALS

As these regulations presently read, the chairperson is compelled to have all proposals published in a Gazette or AIC whether they make any sense or not or would be in conflict with either other legislation or international standards or recommendations. This could lead to abuse of the system, intended to include any interested person in the making of regulations and issuing of technical standards, as intended by subpart 3 of part 11. Even if the committee would consider the proposal before publication and may have some views thereon, it may not prevent publication or amend the proposal. It could enter into pro-publication communication with the proposer but this would only lengthen the process and not have the desired result.

CARCOM has been established to advise the Commissioner on such proposals in terms of Regulation 11.02.1(1) and the members include persons appointed by those stakeholders (in civil aviation) recognized by the Commissioner (subregulation (2)).

It is submitted that it was not the intention to provide any person with free exposure in the Gazette, but to ensure that every person in South Africa may have a say in proposed legislation before such legislation is introduced, including the amendment or withdrawal of such legislation.

It is the proposer’s submission that the above amendment will greatly streamline the procedures for making regulations and issuing technical standards, without taking away any interested person’s right to contribute to the process and without any person able to claim that new regulation or standards were introduced without his or her prior knowledge.

SCHEDULE 2

The proposer is involved in all medical aspects relating to aviation.

Insertion of paragraphs (c) and (d)

After the age of 40, the probability for deterioration in health increases exponentially

In South Africa, especially, conorary heart disease poses the biggest threat to aircrew to become suddenly incapacitated.

CAD, however, is not the only potential disease to cause incapacitation. Risk factors for other diseases must also be identified and evaluated.

1. In order to identify and evaluate cardiac risk factors, the following would be deemed necessary:

1. Complete history including

2. family history

3. personal medical history

4. social or lifestyle history

2. Height, weight, abdominal circumference and blood pressure measurement

3. Determination of cholesterol, other lipids and glucose

4. If indicated by analysis:

1. Resting ECG

2. Stress ECG

1. lipid examination with initial examination, then age 40

2. Hb with initial examination, then every year

1. lipid examination with initial examination after the age of 25, then five yearly

1. lipid examination if the applicant is overweight, smokes and has a positive family history

"(1) A Class 1 medical certificate shall be issued for a period not exceeding –

1. Twelve calendar months, calculated from the last day of the calendar month in which the medical certificate is issued, where the applicant is less than 40 years of age on the date on which the medical certificate is issued; and

2. Six calendar months in the case of an airline transport pilot (aeroplane) or (helicopter) calculated from the last day of the calendar month in which the medical certificate is issued, where the applicant is 40 years of age or more on the date on which the medical certificate is issued."

Paragraph (b) is contained in the Ninth Amendment of the said Regulations submitted to the Minister of Transport.

Medair Charter (Pty) Limited is an air service operator, licensed in terms of the Air Service Licensing Act, 1990 (Act No 115 of 1990) and the International Air Services Act, 1993 (Act No 60 of 1993)

Medair Charter (Pty) Limited mainly provides a G7 type of air service, in accordance with the said legislation, referring specifically to "emergency medical service including the provision of casualty equipment and medical personnel".

3.1 (1) AMENDMENT OF REGULATION 1.00.1 (INSERTION OF DEFINITIONS)

" ‘emergency medical service’ means an air service, whether commercial or non-commercial, offered for the carriage of person(s) requiring medical assistance or attention, where the aircraft in such service is utilised exclusively for the purpose of transporting such person(s)".

" ‘emergency medical service operation’ means any flight operation where an aircraft is utilized exclusively for the transportation of person(s) requiring medical assistance or attention".

3.2 (1) MOTIVATION

The above wording of the definitions shall not impact on the carriage of patients on commercial scheduled flights, only to apply to those entities offering a medical flight service.

3.3 (1) NO CURRENT DEFINITIONS EXIST

3.1 (2) AMENDMENT OF REGULATION 121.07.15(3)(a)

"the stretcher approved by the Commissioner, shall be secured in such aeroplane in such a manner approved by the Commissioner, so as to prevent it from moving under the maximum accelerations likely to be experience in flight and in an emergency alighting such as ditching".

3.2 (2) MOTIVATION

The particular provision relates to the carriage of passengers with disability, more specifically the carriage of a stretcher patient. No standards are set for the stretcher to be used for these operations.

3.3 (2) CURRENT PROVISION

"(2) The operator shall ensure that –

(3) in the case of the carriage of a stretcher patient in the aeroplane –

1. the stretcher shall be secured in such aeroplane so as to prevent it from moving under the maximum accelerations likely to be experienced in flight and in an emergency alighting such as ditching."

3.1 (3) AMENDMENT OF REGULATION 127.07.15(3)(a)

"the stretcher approved by the Commissioner, shall be secured in such a manner approved by the Commissioner, so as to prevent it from moving under the maximum accelerations likely to be experience in flight and in an emergency alighting such as ditching".

3.2 (3) MOTIVATION

The particular provision relates to the carriage of passengers with disability, more specifically the carriage of a stretcher patient. No standards are set for the stretcher to be used for these operations.

3.3 (3) CURRENT PROVISION

"(2) The operator shall unsure that –

(3) In the case of the carriage of a stretcher patient in the helicopter –

1. the stretcher shall be secured in such helicopter so as to prevent it from moving under the maximum accelerations likely to be experienced in flight and in an emergency alighting such as ditching."

3.1 (4) AMENDMENT OF REGULATION 135.07.14 (3)(a)

"the stretcher approved by the Commissioner, shall be secured in such aeroplane in such a manner approved by the Commissioner, so as to prevent it from moving under the maximum accelerations likely to be experienced in flight and in an emergency alighting such as ditching".

3.2 (5) MOTIVATION

No guidelines were provided for the carriage of pressured medical gas cylinders.

PROPOSER
Prinsloo Air Service cc trading as AMBULANCE AIR AFRICA
PO Box 9700
Bethlehem, 9700

Proposals submitted by Fouchee, Joubert and Coetzee on behalf of the proposer

Prinsloo Air Services cc is an air service operator, licensed in terms of the Air Services Licensing Act, 1990 (Act No 115 of 1990)

It is important to note that Prinsloo Air Services cc training as Ambulance Air Africa mainly provides type G7 air services – in accordance with the said legislation referring to "emergency medical service including the provision of casualty equipment and medical personnel".

1. Class III, type G7 air service licence issued in terms of the Air Services Licences Act, 1990 (Act No 115 of 1990), or the International Air Services Act, 1993 (Act No 60 of 1993)….."

3.2 (2) MOTIVATION

Type G7 air service licence permits the operator to conduct emergency medical services including the provision of casualty equipment and medical personnel.

GENERAL MOTIVATION

The value and importance of Emergency Medical Service (hereinafter referred to as EMS) operations within and from South Africa cannot be argued. However, factors like cost involved, medical staff, medical facilities, aircraft requirements and safety can seriously influence the standard of EMS operations in this country.

STANDARD OF EMS AIR SERVICES

The existing legislation leaves room for aircraft operators, not having to comply with any standard pertaining to the provision of medical care or service when transporting a patient, to load a patient onto an aircraft in any manner they seem fit, providing the minimum equipment and medical personnel on board the aircraft – to the disadvantage of the patient, not being in a position to refuse transport under such conditions.

It is important to note the arrangements that medical funds in South Africa have with specific agents/or medical transport providers pertaining to the transport of patients, which includes the provision of air transport. Some of these agents/ medical transport providers do not use the services of licensed, fully equipped air ambulances for the transport of critical patients, but rather charter operators who only provide an air transport service and who do not take any responsibility for the treatment of the patient on board the aircraft. In most cases the critical patient does not have any choice of service provider. The medical fund refers all air transport to the specific agent with whom they have a contract and that agent then decides on the air transport operator.

It must be stressed that there are minimum requirements laid down on ambulance transport by roads. All vehicle ambulances must comform to the standards before being licensed to carry patients.

In the instances when patients are carried by charter operators, patients are stretchered, strapped on top of passenger seats or placed on the floor of a small charter aircraft, not having to comply with or meet any standards or specifications. Surely, a minimum standard should be enforced on all EMS air service operators, in the interest of any member of the public and that of aviation safety.

Any aircraft operator who intends to transport patients or conduct EMS operations must comply with the requirements as set out in Regulation 138.01.2 (including the amendment as proposed above). This will enable the Air Service Licensing Council and/or the International Air Services Council and the South African Civil Aviation Authority (hereafter referred to as SACAA) to satisfy themselves that the said air service will be conducted in a safe and reliable manner and in the interest of the public of South Africa.

It is furthermore suggested that the SACAA or an appropriate organisation should accredit EMS in this context.

3.3 (2) CURRENT PROVISION

"The operator of an aircraft engaged in a commercial emergency medical service operation, shall not operate the aircraft unless such operator is the holder of a valid -

1. Licence issued in terms of the Air Services Licences Act, 1990 (Act NO 115 of 1990), or the International Air Services Act, 1993 (Act No 60 of 1993)….."

The Authority administers the Aviation Act, 1962 (Act No 74 of 1962) and regulations issued in terms thereof.

The Authority administers the Aviation Act, 1962 (Act No 74 of 1962) and regulations issued in terms thereof.

5.1	AMENDMENT OF REGULATION 187.00.12 Amendment of regulation 187.00.12(1)(g) "for the approval of the following amendments to an Operators Manual in respect of Part 121 -
	(i)	A text or content amendment	……….	R100,00 per page up to a maximum of R2000,00
	(ii)	A name or numbering change	……….	R10,00 per page up to a maximum of R200,00
		Insertion of regulation 187.00.12(I)(h)
		"for the removal of an aircraft from a Certificate of Approval	……….	R100,00 per aircraft
5.2	MOTIVATION
	(1)	The current regulation creates additional expenses for the operator which is not justifiable
	(2)	The current regulation causes confusion and ambiguity to the operator in determining the fees payable
	(3)	Provision is already made for the cost of the operations manual in the regulations
5.3	CURRENT PROVISION "Fees relating to Part 121 187.00.12(1) The following fees shall subject to the provisions of subregulation (2), be payable upon application
	(g)	For approval of amendments to an Operations Manual in respect of Part 121"	……….	R100,00 per text page
	No provision relating to the removal of an aeroplane from the Certificate of Approval in this Part exists.

SCHEDULE 6

~The Authority administers the Aviation Act, 1962 (Act No 74 of 1962) and regulations issued in terms thereof.

The Authority administers the Aviation Act, 1962 (Act No 74 of 1962) and regulations issued in terms thereof.