Government Gazette

Vol. 429, No. 22142, 16 March 2000

Regulation Gazette, No. 7028

No. R. 248

AVIATION ACT 1962

PROPOSED AMENDMENT TO THE CIVIL AVIATION REGULATIONS, 1997

Under regulation 11.03.2(1)(a) of the Civil Aviation Regulations, the Chairperson of the Civil Aviation Regulations Committee (CARCOM) hereby publishes for comment the proposed amendment(s) to the Civil Aviation Regulations, 1997, as set out in the schedule(s). Any comments or representations on the proposed amendment(s) should be lodged in writing with the Chairperson of the Regulations Committee, for attention Mr. Kim Gorringe or Mr. Herman Wildenboer, Private Bag X08, Waterkloof, 0145, fax: (012) 346-5979, or e-mail at gorrinqek@caa.co.za or wildenboerh@caa.co.za, before or on 12 April 2001.

Proposal to amend Part 133 of the CAR, 1997

PROPOSER:

Civil Aviation Authority
Private Bag X08
Waterkloof
0145

Explanation of interest of the Proposer

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

SCHEDULE1

1.1 Proposal to amend sub-Regulation 133.02.1(2) of Part 133 of the CAR, 1997:

(2) The owner, operator or pilot-in-command shall not operate the helicopter unless -

  1. a standard category type certificate or a restricted category type certificate has been issued in respect of such helicopter in terms of Part 21;
  2. a valid certificate of airworthiness has been issued in respect of such helicopter in terms of Part 21; and
  3. such helicopter complies with the certification provisions of sub-Part 3 that apply to the applicable class of helicopter load combination.

1.2 Current sub-Regulation:

(2) The owner, operator or pilot-in-command shall not operate the helicopter unless -

  1. a standard category type certificate or a restricted category type certificate has been issued in respect of such helicopter in terms of Part 21;
  2. a valid certificate of airworthiness has been issued in respect of such helicopter in terms of Part 21; and
  3. such helicopter complies with the applicable certification provisions of Part 127 which apply to the helicopter load combinations of the operation.

1.3 Motivation:

The current Sub-regulation (2)(c) makes an incorrect reference in respect of the certification provisions that have to be met. Part 127 makes no specific provisions for external-load operations.

SCHEDULE 2

2.1 Proposal to amend sub-Regulation 133.02.1(5) of Part 133 of the CAR, 1997:

"(5) Notwithstanding the provisions of Part 91 and except as prescribed in Regulation 133.03.3, the owner or operator of a helicopter engaged in an external-load operation may conduct the operation, including an approach, departure, and load positioning manoeuvre necessary for the operation, below 500 feet above the surface and closer than 500 feet to persons, vessels, vehicles, and structures, if such operation is conducted without creating a hazard to persons or property on the surface.

2.2 Current sub-regulation:

"(5) Notwithstanding the provisions of Part 91 and except as prescribed in Regulation 133.04.3(4), the owner or operator of a helicopter engaged in an external-load operation may conduct the operation, including an approach, departure, and load positioning manoeuvre necessary for the operation, below 500 feet above the surface and closer than 500 feet to persons, vessels, vehicles, and structures, if such operation is conducted without creating a hazard to persons or property on the surface.

2.3 Motivation:

This is a correction: The reference to Regulation 133.04.3(4) is not correct.

SCHEDULE 3

3.1 Proposal to amend sub-Regulation 133.02.1(6) of Part 133 of the CAR, 1997:

"(6) No owner, operator or pilot-in-command of a helicopter engaged in an external-load operation shall conduct the operation under IMC, except with the prior approval of the Commissioner: Provided that no person shall be carried as part of the external load under IMC."

3.2 Current regulation:

(6) No owner, operator or pilot-in-command of a helicopter engaged in an external-load operation shall conduct the operation under IFR, except with the prior approval of the Commissioner: Provided that no person shall be carried as part of the external load under IFR.

3.3 Motivation:

The restriction is supposed to be in respect of the meteorological conditions under which the flight is conducted, and not so much the flight rules.

SCHEDULE 4

4.1 Proposal to amend sub-Regulations 133.02.3(2), (3) and (4) of Part 133 of the CAR, 1997:

Flight crew member training, currency and testing requirements 133.02.3

  1. The owner or operator of a helicopter engaged in an external-load operation shall ensure that the pilot-in-command -
  1. .....
  2. .....
  3. .....
  1. The owner or operator of a helicopter engaged in an external-load operation, shall ensure that each flight crew member or other operations personnel member, successfully completes the appropriate training, as prescribed in SA-CATS-OPS 133.
  2. Training shall be given by the holder of the appropriate aviation training organization approval issued in terms of Part 141 of these Regulations.
  3. Upon successful completion of the training, the approved aviation training organization, referred to in sub-regulation (3), shall issue a certificate of competency to the flight crew member or other operations personnel member concerned.
  4. The owner or operator of a helicopter engaged in a commercial external-load operation shall ensure that a flight crew member or other operations personnel member, who has not performed a helicopter external-load operation of the same helicopter-load combination class and in a helicopter of the same type within the past 12 calendar months, shall undergo recurrent checking by an appropriate licensed and rated helicopter pilot designated by the owner or operator.
  5. The owner or operator of a helicopter engaged in a commercial external-load operation shall specify in the operations manual, referred to in Regulation 127.04.2 of Part 127 of the CAR, 1997, the kind and frequency of training or recurrent checking required in terms of this Part.

4.2 Current sub-regulations:

"Flight crew member training, currency and testing requirements 133.02.3

  1. The owner or operator of a helicopter engaged in an external-load operation shall ensure that the pilot-in-command -
  1.  
  2.  
  3.  
  1. The owner or operator of a Class D helicopter engaged in an external-load operation, shall ensure that each flight crew member or other operations personnel member successfully completes, the appropriate initial or recurrent training, as the case may be.
  2. Upon successful completion of the initial or recurrent training, the owner or operator shall issue a certificate of competency to the flight crew member or other operations personnel member concerned, which certificate shall be valid for a period of 12 calendar months calculated from the last day of the calendar month in which such certificate is issued.
  3. Notwithstanding the provisions of sub-regulation (2), a flight crew member or other operations personnel member who has performed a helicopter external-load operation of the same class and in a helicopter of the same type within the past 12 calendar months need not undergo recurrent training.

4.3 Motivation:

The kind of training required needs to be prescribed, as well as by whom training and recurrent checking may be conducted. Furthermore, it is not considered necessary to put an expiry date on the certificate of competency. However, in the case of a commercial operator, currency checks should be prescribed.

SCHEDULE 6

5.1 Proposal to amend sub-regulation 133.03.3(2) of Part 133 of the CAR, 1997

"(2) The operating limitations established by the owner or operator shall include -

  1. the mass and center of gravity limitations established in accordance with Regulation 133.03.2(2), (3) or (4) within which the helicopter-load combination may be operated;
  2. the external load mass of the helicopter-load combination which shall not exceed the external load mass referred to in Regulations 133.03.1(2) and 133.03.2(2) respectively;
  3. the airspeeds at which the helicopter-load combination may be operated, which airspeeds shall not be greater than the airspeeds established in accordance with Regulations 133.03.1(3), (4) or (5);
  4. a prohibition on the conducting of an external-load operation in terms of this part, with a helicopter, type certificated in the restricted category in terms of Part 21, over a densely inhabited area, in a congested airway, or near an aerodrome licensed in terms of Part 139; and
  5. in the case of a Class D helicopter-load combination such combination may only be conducted in accordance with the following:
  1. the helicopter to be used shall be of a multi-engine type and shall provide hover capability with one engine inoperative at that operating mass and altitude;
  2. the helicopter shall be equipped to allow direct radio inter-communication among required flight crew members;
  3. the personnel lifting device shall be of an approved type; and
  4. the lifting device shall have an emergency release requiring two distinct actions.

5.2 Current regulation:
  1. The operating limitations established by the owner or operator shall include -
  1. the mass and center of gravity limitations established in accordance with Regulation 133.03.2(2) within which the helicopter-load combination may be operated;
  2. the external load mass of the helicopter-load combination which shall not exceed the external load mass referred to in Regulations 133.03.1 and 133.03.2;
  3. the airspeeds at which the helicopter-load combination may be operated, which airspeeds shall not be greater than the airspeeds established in accordance with Regulations 133.03.1(3), (4) or (5);
  4. a prohibition on the conducting of an external-load operation in terms of this part, with a helicopter, type certificated in the restricted category in terms of Part 21, over a densely inhabited area, in a congested airway, or near an aerodrome licensed in terms of Part 139; and
  5. in the case of a Class D helicopter-load combination such combination may only be conducted in accordance with the following:
  1. The helicopter to be used shall provide hover capability with one engine inoperative at that operating mass and altitude;
  2. the helicopter shall be equipped to allow direct radio inter-communication among required flight crew members;
  3. the personnel lifting device shall be of an approved type; and
  4. the lifting device shall have an emergency release requiring two distinct actions.

5.3 Motivation:

The references in the current sub-regulations (a) and (b) are incomplete. Furthermore, it is not clear that for a Class D helicopter-load combination only multi-engine helicopters would be considered.

SCHEDULE 6

6.1 Proposal to amend sub-Regulation 133.03.4(4):

"(4) The operator of a helicopter engaged in commercial external-load operations shall include the helicopter-load combination flight manual in the operations manual referred to in Regulation 127.04.2."

6.2 Current sub-Regulation:

  1. The operator shall include the helicopter-load combination flight manual in the operations manual referred to in Regulation 127.04.2.

6.3 Motivation:

No operations manual is required in respect of a Part 91 operator.

SCHEDULE 7

7.1 Proposal to amend Regulation 133.03.5 of Part 133 of the CAR, 1997

"Markings and placards

133.03.5 The owner or operator of a helicopter engaged in an external-load operation shall ensure that the following markings and placards are displayed in a conspicuous place and cannot be easily erased, disfigured, or obscured:

  1. A placard displayed in the cockpit or cabin, stating the class of helicopter-load combination for which the helicopter has been approved and the occupancy limitation prescribed in Regulations 133.02.2(1) and 133.03.1(3) to (5); and
  2. a placard, making, or instruction, displayed next to the external-load attaching means, stating the maximum external load prescribed as an operating limitation in Regulation 133.03.3(2)(c)."

7.2 Current regulation:

Markings and placards

133.03.5.1 The owner or operator of a helicopter engaged in an external-load operation shall ensure that the following markings and placards are displayed in a conspicuous place and cannot be easily erased, disfigured, or obscured:

  1. A placard displayed in the cockpit or cabin, stating the class of helicopter-load combination for which the helicopter has been approved and the occupancy limitation prescribed in Regulation 133.03.3(a); and
  2. a placard, making, or instruction, displayed next to the external-load attaching means, stating the maximum external load prescribed as an operating limitation in Regulation 133.03.3(c).

7.3 Motivation:

The various cross-references are corrected.