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 schedules. Any comments or representations on the proposed amendments should be lodged in writing to the Chairperson of the Regulations Committee for attention Mr. Kim Gorringe or Mr Herman Wildenboer, Private Bag X 08, Waterkloof 0145, fax (012)346-5979 or e-mail at gorrinqek@CAA.co.za or wildenboerh@CAA.co.za before or on 18 September 2000.

PROPOSER

CIVIL AVIATION AUTHORITY
PRIVATE BAG X08
WATERKLOOF
0145

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer inter alia administers the Aviation Act, 1962 (Act No 74 of 1962) and Regulations issued in terms thereof.

PROPOSED INSERTION OF REGULATION 64.01.12

"(1)The holder of a licence and rating or competency card issued by an appropriate authority, who desires to act as a cabin crew member for a South African registered aircraft, shall apply to the Commissioner in the appropriate form as prescribed in Document SA-CATS-FCL 64, for a validation of such licence, rating or competency card.

(2) The application for a validation referred to in subregulation(1) shall be accompanied by-

1. the appropriate fee as prescribed in Part 187;
2. a certified true copy of the licence , rating or competency card to which the validation refers:
3. a valid medical certificate; (if applicable) and

(3) A licence, rating and competency card issued by an appropriate authority may be validated by the Commissioner-

1. subject to the same restrictions which apply to such licence, rating and competency card;
2. in accordance with and subject to the requirements and conditions as prescribed in Document SA-CATS-FCL; and
3. on the appropriate form as prescribed in Document SA-CATS-FCL.

(4) The duration of a validation issued by the Commissioner shall be-

1. 12 months calculated from the date of issue of such a validation by the Commissioner; or
2. the period of validity of the licence , rating and competency card issued by the appropriate authority concerned, whichever period is the lesser period.

(5) The holder of a validation issued by the Commissioner may, subject to the provisions of subregulation (6) , apply to the Commissioner for the renewal of such validation at least 21 days immediately preceding the date of expiry of such validation.

(6) The Commissioner may renew a validation of a licence, rating or competency card in the circumstances and on conditions as prescribed in Document SA-CATS-FCL: provided that a validation of a licence, rating or competency card , the privileges of which are to be exercised for commercial purposes, may only be renewed for the same period as referred to in subregulation (4).

(7) The holder of a validation issued by the Commissioner shall comply with the provisions prescribed in this part and the requirements and conditions as prescribed in Document SACATS-FCL".

1.2 MOTIVATION

The Civil Aviation Regulations does not provide us with any guidelines on the validation of cabin crew licenses or competency cards. The same principles as applicable to the validation of flight deck crew should apply. The foreign licence, rating or competency card, if validated will be accepted as equivalent to a South African licence and for that reason, any requirement that does not form part of the original licence or certificate, will have to be complied with before a validation can be considered. These conditions will be set out in the addition to the CATS document. We must have consistency to preserve safety standards and uniformity. We are receiving applications for validation from foreign licensed /rated/ trained cabin crew members.

1.3 CURRENT REGULATION

NONE

PROPOSER

National Airways Corporation (Pty) Ltd: Helicopter-Unlimited
PO Box 20096
Durban North
4016

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

2.1 PROPOSED AMENDMENT OF REGULATION 91.09.2(2)

"Performance Class 3 helicopters shall only be operated in conditions of weather and light, and at night only if there is a quarter moon of more, 4/8 cloud or less, or in case of less moon and more cloud, in the vicinity of city/town lights with a cloud base of 1500 feet or more, and over such routes and diversions there from, which may permit a safe landing to be executed in the event of an engine failure".

2.2 MOTIVATION

The flight manuals allow for VFR flight at night, but we feel that specific guidelines should be laid down with regards to night flying. The aim is to allow night flying, but with specific limitations with regards to weather and light at night.

2.3 CURRENT PROVISION

"(1) Performance Class 3 helicopters shall only be operated in conditions of weather and light, and over such routes and diversions therefrom, which may permit a safe forced landing to be executed in the event of any engine failure".

PROPOSER

Dietlind Lempp
39 Lente Road
Sybrand Park
7708

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is a flying instructor attached to Good Hope Flying Club, Cape Town.

3.1 PROPOSED AMENDMENT OF REGULATION 91.02.4(3)

3. A pilot shall not act as pilot in command of an aircraft on an instrument approach to an aerodrome in IMC unless the pilot has, within the 90 days immediately preceding such approach, by means of an instrument approach procedure or procedures established by the Commissioner or an appropriate authority -

1. executed at least two approaches in an aircraft either under actual or simulated conditions with reference to flight instruments only; or

2. executed at least one approach in an aircraft under actual or simulated conditions with reference to flight instruments only and one approach in an approved simulator; or

3. undergone the appropriate test as prescribed in Part 61.

[Note that it is proposed to delete the old (a)

3.2 MOTIVATION

The proposal is in fact not a change in the spirit of the law, it just tries to simplify and clarify the meaning of the regulation.

In support I quote an e-mail sent to me by Mr. Author Downes of the CAA via Leonie Venter on 20 April 2000:

"Actual approach means in an aeroplane in actual IMC. That is the landing conditions must be declared IMC. - like lots of CARS he is right. A is a little unnecessary as B says the same thing. The actual approach is actual IMCA. What constitute recency for IMC, is any two approaches of either,

1. Aeroplane in IMC
2. Aeroplane in VMC but solely with reference to flight instruments

3. One approach in an aircraft actual or simulated IMC conditions AND one in a certified simulator with an accredited simulator instructor. This excludes home computers etc".

3.3 CURRENT REGULATION

"(3) A pilot shall not act as pilot in command of an aircraft on an instrument approach to an aerodrome in IMC unless the pilot has, within the 90 days immediately preceding such approach, by means of an instrument approach procedure or procedures established by the Commissioner or an appropriate authority -

1. executed at least two actual approaches with reference to flight instruments only
2. executed at least two approaches either under actual or simulated conditions with reference to flight instruments only ; or

3. executed at least one actual approach with reference to flight instruments only and one approach in a simulator for the purpose of practicing instrument approach procedure; or

4. undergone the appropriate skills test as prescribed in Part 61".

4. PROPOSAL TO AMEND REGULATION 91.04.26 (AUTOMATIC EMERGENCY LOCATOR TRANSMITTER)

PROPOSER

Civil Aviation Authority
Private Bag X08
Waterkloof
0145

EXPLANATION OF INTEREST Of THE PROPOSER

The proposer inter alia administers the Aviation Act, 1962 (Act No 74 of 1962) and Regulations issued in terms thereof.

4.1 PROPOSED AMENDMENT OF REGULATION 91.04.26

"(1) As from 1 July 2001, no owner or operator of -

1. .......
2. .......
3. .......

shall operate such aircraft unless it is equipped with an automatic emergency locator transmitter.

(3) The Commissioner shall maintain a register of all aircraft equipped with 406 MHz ELT's. The register shall contain the following particulars:

1. the nationality and registration marks of the aircraft;
2. particulars of the manufacturer's designation and serial number of the aircraft;
3. the full name and contact details of the registered owner of the aircraft;
4. ELT Manufacturer and model number;
5. 15 digit Unique Identification Number (UIN), provided by the manufacturer, or
6. the Aircraft Mode S transponder code.
7. Person who knows the aircraft's itinerary, and may be contacted 24 hours a day.

(4) An excerpt of the ELT register shall be furnished by the Commissioner, on the payment of the appropriate fee as prescribed in Part 167, to any person who may request such an excerpt".

4.2 MOTIVATION

1. ICAO Annex 6 has recently been amended to provide for the 406MHz frequency, which provides the following advantages:

1. The 406 MHz transmitter produces a digital message to a satellite system, which provides accurate position information, typically 1 to 2 km. It also allows the search and rescue authorities worldwide to contact the owner/ operator of the aircraft through a database.

2. A facility exists in Cape Town to monitor the 406mhz signals enabling an instantaneous response and identification of the aircraft.

3. The International Cospas-Sarsat Program has announced it will terminate satellite processing of distress signals from 121.5 / 243 MHz beacons. The international Cospas-Sarsat Program has decided that 121.5/243 MHz instruments will not be carried on the next generation of satellites -starting in 2006 for Russian satellites and 2009 for the U.S.

4.3 CURRENT REGULATION

No owner or operator of -

1. an aircraft to be operated on extended flight over water or over areas where search and rescue would be especially difficult;
2. an aeroplane with a maximum certified mass exceeding 5 7 000 kilograms or a maximum approved passenger seating configuration of more than 9 seats; or
3. a helicopter with a maximum approved passenger seating configuration of more than 19 seats.

shall operate such aircraft unless it is equipped with an automatic emergency locator transmitter".

PROPOSER

Civil Aviation Authority
Private Bag X08
Waterkloof
0145

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer inter alia administers the Aviation Act, 1962 (Act No 74 of 1962) and Regulations issued in terms thereof.

5.1 PROPOSED AMENDMENT OF REGULATION 187.00.6

"The following fees shall be payable on application -

4. for issuing or reissuing of any rating that will reflected on a licence,

1.  .....
2.  .....
3. any authorization or approval pertaining to a licence".

5.2 MOTIVATION

The Civil Aviation Authority is providing services for which no fees currently exist. Considerable time is spent on special approvals and authorizations, for an example once off approvals to conduct a special flight test and the issue of RSVM certificates. In order to maintain the CAA's requirement to recover its costs, it is necessary to charge an appropriate fee for these services.

5.3 CURRENT REGULATION

"The following fees shall be payable upon application -

4. for issuing of any rating that will be reflected on a licence:

1. instructor rating:
   Category A & B for Aeroplane and Helicopter................ 180,00
2. other ratings .............................................................  150,00"

PROPOSER

Civil Aviation Authority
Private Bag X08
Waterkloof
0145

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer inter alia administers the Aviation Act, 1962 (Act No 74 of 1962) and Regulations issued in terms thereof.

6.1 PROPOSED AMENDMENT OF REGULATION 187.0O.11A

" The following fees shall be payable on application -

(a) ...... (i)
(j) for a copy of the ELT register (Ri-00 per page up to a maximum of 8100-00"

6.2 MOTIVATION

In the light of the responsibility that is entrusted to the CAA regarding the compilation of the ELT register, it is necessary to provide for a fee in this regard. A similar provision exists in respect of the register of South African Aircraft (regulation 187.00.5 (t)).

6.3 CURRENT REGULATION

No current provision exists.