Vol. 432, No. 22382, 22 June 2001
Regulation Gazette, No. 7085
No. R. 558
DEPARTMENT OF TRANSPORT
AVIATION ACT (ACT N0.74 OF 1962)
TENTH AMENDMENT OF THE CIVIL AVIATION REGULATIONS, 1997
The Minister of Transport has under section 22 of the Aviation Act, 1962 (Act No.74 of 1962) made the Regulations in the Schedule.
SCHEDULE
Definition
Insertion of Regulation 21.08.3(A) into Part 21 of the Regulations
"Carrying out test flights in certain circumstances.
21.083A An aircraft required to be issued or re-issued with a certificate of airworthiness or if such certificate of airworthiness is required to be rendered effective -
- may be test flown with the written permission of the owner or operator provided that -
- the aircraft has been issued with or possesses a valid South African certificate of registration;
- an application form, as laid down by SA-CATS-AR requesting the issue of a certificate of airworthiness has been lodged with the Commissioner;
- the application is accompanied by the fee prescribed in Part 187 for the issue of the above-mentioned certificate; and
- where the certificate of airworthiness has expired due to an imposed calendar limit and such certificate needs to be re-issued, the requirements pertaining to the currency. fee prescribed in the aforementioned regulations are to be met;
- is to be certified safe for the intended flight in the airframe logbook, prior to the flight by the holder of a valid suitably rated aircraft maintenance engineer's licence issued in terms of Part 66, or by such person who is a holder of valid certification, on type, issued in terms of Part 145 of these Regulations; and
- has to make its first landing at the point of departure.".
Amendment of Regulation 67.00.9 of Part 67 of the Regulations
- by the substitution for paragraph (b) of subregulation (1) of the following paragraph:
"(b) not under any circumstances act as a pilot-in-command, or in any other capacity as a flight crew member, an air traffic service personnel member or a cabin crew member, as the case may be -:"
and
- by the substitution for subparagraph (iii) of paragraph (b) of subregulation (1) of the following sub-paragraph:
"if the holder has entered the thirtieth week of pregnancy; or,."
Amendment of Regulation 92.00.9 of Part 92 of the Regulations
"(b) operator of an aircraft used -
- in a commercial air transportation operation in terms of Part 121, 127, or 135 of these Regulations; or
in a service as defined paragraph (b) of the definition of `air service' in section 1 of the Air Services Licensing Act, 1990 (Act No 115 of 1990); or;"
Amendment of Regulation 121.01.1 of Part 121 of the Regulations
"(c) persons acting as flight crew members of the aeroplanes referred to in paragraph (b); and;"
Amendment of Regulation 121.08.1 of Part 121 of the Regulations
- the insertion after paragraph (b) of subregulation (2) of the following paragraph:
"(c) a Class D aeroplane is operated in accordance with the performance operating limitations described in Division Four.".
- by the substitution for subregulation (3) of the following subregulation:
"(3) Where specific design characteristics of an aeroplane prevents compliance with the Regulations in Division One, Two, Three or Four of this Subpart, the operator shall, notwithstanding the provisions of subregulation (2), ensure that the aeroplane is operated in accordance with such standard that a level of safety equivalent to the level of safety prescribed in the appropriate Division in this subpart is maintained.".
Insertion of Division Four into Part 121 of the Regulations
"Division Four : Class D Aeroplane.
121.08.27(1) The operator of a Class D aeroplane shall not operate the aeroplane -
- by night; or
- in IMC, except: -
- under special VFR;
- in accordance with the requirements of subregulation (2); or
- when conducting Cargo-only flights
(2) Notwithstanding the requirements of subregulation (1) single engine aeroplanes may conduct operations in IMC conditions and without visual reference to the ground with a maximum of twelve passengers, provided they meet the requirements in SACATS-OPS 121.08.1.
(3) The operator of a Class D aeroplane shall ensure that, for determining compliance with the requirements prescribed in this Division, the approved performance data in the aeroplane flight manual referred to in Regulation 121.04.4 is supplemented, as necessary, with other approved data if the approved performance data in such aeroplane flight manual are insufficient.
(4) A single-engine Class I aeroplane which does not comply with the requirements prescribed in this Division for take-off and landing, shall be operated in accordance with the performance operating limitations prescribed in Division Four.
Take-off
121.08.28 (1) The operator of a Class D aeroplane shall ensure that the take-off mass of the aeroplane does not exceed the maximum certificated mass for the pressure altitude and the ambient temperature at the aerodrome of departure.
(2) The operator shall ensure that the take-off distance, as specified in the aeroplane flight manual prescribed in Regulation 121.04.4, multiplied by a factor of 1.3, does not exceed the take-off run available.
(3) When complying with the provisions of subregulation (2), the operator shall take account of -
- The mass of the aeroplane at the commencement of the take-off run; and
- The requirements prescribed in Regulation 121.08.4(3).
Take-off Right path
121.08.29 (1) The operator of a Class D aeroplane shall ensure that the take-off flight path of the aeroplane clears all obstacles by a vertical margin of at least 295 feet plus 0,125 x D, where D is the horizontal distance the aeroplane has traveled from the end of the take-off distance available, except as provided in subregulations (3) and (4).
(2) When complying with the provisions of subregulation (1), it shall be assumed that -
the take-off flight path begins at a height of 50 feet above the take-off surface at the end of the take-off distance required by regulation 121.08.12(3) and ends at a height of 1 500 feet above the take-off surface;
the aeroplane is not banked before such aeroplane has reached a height of 50 feet above the take-off surface, and that thereafter the angle of bank does not exceed 15°.
if engine failure occurs at the point of the takeoff flight path where the loss of visual reference for the purpose of avoiding obstacles is expected to occur; and
- the gradient of the take-off flight path from 50 feet to the assumed engine-failure height is the gradient during climb and transition to the enroute configuration, multiplied by a factor of 0,77.
(3) When complying with the provisions of subregulation (1), in those cases where the intended flight path does not require track changes of more than 15°, the operator need not consider obstacles which have a lateral distance greater than -
300 metres, if the flight is conducted under conditions allowing visual course guidance navigation, or if navigation aids are available enabling the pilot to maintain the intended flight path with the same accuracy; and
- 600 metres for flights under all other conditions.
(4) When complying with the provisions of subregulation (i), in those cases where the intended flight path requires heading changes of more than 15°, an operator need not consider obstacles which have a lateral distance greater than -
- 600 metres for flights under conditions allowing visual course guidance navigation; or
- 900 metres for flights under all other conditions.
(5) When complying with the provisions of this Regulation, the operator shall take account of the requirements referred to in Regulation 121.08.5(2).
En-route
121.08.30 (1) The operator of a Class D aeroplane shall be able to demonstrate that the aeroplane, in the meteorological conditions expected for the flight, is capable of continuing flight at or above the relevant minimum altitudes for safe flight stated in the operations manual prescribed in Regulation 121.04.2, to a point 1 000 feet above an aerodrome at which the performance requirements can be complied with.
(2) When complying with the provisions of subregulation (1) the aeroplane shall be assumed not to be flying at an altitude exceeding the altitude at which the rate of climb equals 300 feet per minute within the maximum continuous power conditions specified in the aeroplane flight manual prescribed in Regulation 121.04.4.
Landing at destination and alternate aerodromes
121.08.31The operator of a Class D aeroplane shall ensure that the landing mass of the aeroplane does not exceed the maximum landing mass specified for the altitude and the ambient temperature expected for the estimated time of arrival at the destination and alternate aerodrome.
Landing on dry runways
121.08.32 (1) The operator of a Class D aeroplane shall ensure that the landing mass of the aeroplane for the estimated time of arrival allows a full-stop landing from 50 feet above the threshold within 70 per cent of the landing distance available at the destination aerodrome and at any alternate aerodrome: Provided that the Commissioner may permit the use of a screen height of less than 50 feet, but not less than 35 feet, for steep-approach and short-landing procedures.
(2) When complying with the provisions of subregulation (1), the operator shall take account of -
- the runway surface condition and the type of runway surface;
- the runway slope in the direction of take-off; and
the requirements referred to in regulation 121.08.9(2)(a) and (b).
(3) For dispatching the aeroplane in accordance with the provisions of subregulation (1), it shall be assumed that -
- such aeroplane will land on the most favourable runway, in still air; and
such aeroplane will land on the runway most likely to be assigned considering the probable wind speed and direction and the ground handling characteristics of the aeroplane, and considering landing aids and terrain.
(4) If the operator is unable to comply with the provisions of subregulation 3(b) for the destination aerodrome, the aeroplane may be dispatched if an alternate aerodrome is designated which permits full compliance with the provisions of subregulations (1), (2) and (3).
Landing on wet and contaminated runways
121.08.33 (1) The operator of a Class D aeroplane shall ensure that, when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be wet, the landing distance available is at least 115 per cent of the required landing distance determined in accordance with the provisions of Regulation 121.08.3.
(2) The operator shall ensure that, when the appropriate weather reports or forecasts, or a combination thereof, indicate that the runway at the estimated time of arrival may be contaminated, the landing distance available is at least the required approved landing distance.
(3) A landing distance on a wet runway shorter than the landing distance required by the provisions of subregulation (1), but not less than the landing distance required by the provisions of Regulation 121.08.32(1), may be used if the aeroplane flight manual referred to in Regulation 121.04.4, includes specified additional information on landing distances on wet runways.".
Amendment of Regulation 127.01.1 of Part 127 of the Regulations
"(c) persons acting as flight crew members of the helicopters referred to in paragraph (b); and;"
Amendment of Regulation 135.01.1 of Part 135 of the Regulations
"(c) persons acting as flight crew members of the aeroplanes referred to in paragraph (b); and;"
Amendment of Regulation 135.08.17 of Part 135 of the Regulations
"(1) The operator of a Class D aeroplane shall not operate the aircraft -
- by night; or
- in IMC, except :
- under special VFR;
- in accordance with the requirements of subregulation (2); or
- when conducting a cargo-only flight
(2) Notwithstanding the requirements of subregulation (1), single-engine aircraft may conduct operations in IMC conditions or without visual reference to the ground in the public transport category with a maximum of nine passengers, provided they meet the requirements in SA-CATS OPS 135.08.17.".
Short Title and Commencement