Government Gazette

Vol. 432, No. 22382, 22 June 2001

Regulation Gazette, No. 7085

No. R. 559

DEPARTMENT OF TRANSPORT

AVIATION ACT, 1962, (ACT NO. 74 OF 1962)

ELEVENTH 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, publishes by Government Notice Nos. 8.1219 of 26 September 1997 and 8.1255 of 17 October 1997, as amended by Government Notice 8.173 5 of 24 December 1997, Government Notice No. 8.1041 of 14 August 1998, Government Notice Nos. 8.1665 of 14 December 1998 and Government Notice 1702 of 31 December 1998, Government Notice No. 8.1701 of 31 December 1998, Government Notice No. 8.639 of 21 May 1999, Government Notice No. R. 170 of 17 February 2000, Government Notice No. 171 of 18 February 2000 and Government Gazette No. 138 of 15 December 2000.

Amendment of regulation 1.001 of Part 1 of the Regulations.

  1. Regulation I of the Regulations is herewith amended-
  1. by the insertion after the definition of "AIP Supplement" of the following definition:

"'air ambulance operation' means air transportation of a patient requiring in-flight medical care and operated in terms of Part 138 of the Regulations;";

  1. by the insertion after the definition of "maximum certificated mass" of the following definition:-

"'medically compromised passenger' means a person who is physically or mentally compromised due to illness, injury, congenital malfunction or other temporary or permanent incapacity or disability, who cannot assist himself of herself, and is not likely to require medical care, but needs to be accompanied by a person to provide comfort during the flight and to assist in any emergency flight procedure;"; and

  1. by the insertion before the definition of "meteorological information" of the following definition:-

"'medical personnel' means any aviation health care provider registered with an appropriate authority who is assigned to provide medical care to a patient from the time of boarding an aircraft until completion of disembarkation and who is knowledgeable of aviation stresses and their effect on the human body and on medical life support and equipment used in the transport of patients".

Amendment of regulation 91.07.19 of Part 91 of the Regulations.

  1. Regulation 91.07.19 of the Regulations is herewith amended, by the substitution for the said regulation of the following regulation:

"(1) The owner or operator of an aircraft shall ensure that passengers are seated where, in the event than an emergency evacuation is required, such passengers may best assist and not hinder evacuation from the aircraft.

(2) The owner or operator of an aircraft shall ensure that if a medically compromised passenger is carried together with other passengers, such passenger shall not be positioned in such a way that access to emergency exits is blocked.

(3) Passengers may be carried in an aircraft, other than an air ambulance aircraft operated and equipped in terms of Part. 138, on a stretcher only if such stretcher and the manner in which it is secured to the aircraft have been approved by the Commissioner and the condition of the passenger does not require the attention of an aviation health care provider or require the passenger to be connected to any external medical equipment.

(4) In the case of an emergency medical situation, where no air ambulance aircraft operated and equipped in terms of Part 138 can be made available within a reasonable time span at or near the place where the situation exists, an aircraft owner or operator may disregard sub-regulations (1), (2) and (3) in the interest of saving human life.

(5) Any non-standard emergency transport in terms of sub-regulation (4) shall be reported by the operator to the Commissioner on the appropriate form as described in Document SA-CATS-OPS, explaining the reasons for the deviation from Regulation 91.07.19, within fourteen days of the flight having taken place".

Short title and commencement:
  1. These Regulations are called the Eleventh Amendment of the Civil Aviation Regulations, 1997, and will come into operation on the date of publication thereof.