Proposals for publication CAR2011 122012 _2 - South African Civil ...

PROPOSED AMENDMENT OF THE CIVIL AVIATION REGULATIONS, 2011
Under regulation 11.03.2(1) of the Civil Aviation Regulations, the Chairperson of the
Civil Aviation Regulations Committee (CARCom) hereby publishes for comment the
proposed amendments to the Civil Aviation Regulations, 2011, as set out in the
schedules hereto. Any comments or representations on the proposed amendments
should be lodged in writing with the Chairperson of CARCom, for attention Ms. Monica
Sonjani or Mr. Herman Wildenboer, Private Bag 73 Halfway House, 1685, fax: (011)
545-1201, or e-mail at sonjanim@caa.co.za or wildenboerh@caa.co.za, before or on 25
January 2013.
GENERAL EXPLANATORY NOTE
Words in strike through indicate deletions from the existing regulations.
Words underlined with a solid line indicate insertions in the existing regulations.
SCHEDULE 1
PROPOSAL FOR THE SUBSTITUTION OF PART 91.07.4 OF THE CIVIL AVIATION
REGULATIONS, 2011
A. PROPOSER
Cor Beek
P O Box 75048
Lynnwood Ridge
0040
B. PROPOSER’S INTEREST
The proposer is an alternate member of CARCom, representing the Commercial
Aviation Association of Southern Africa (CAASA) and is the chairman of Workgroup 128
under the auspices of CARCom.
2. PROPOSAL FOR THE AMENDMENT OF REGULATION 91.07.04
Regulation 91.07.4 is hereby amended as follows:
Helicopter landings and take-offs
91.07.4 (1) No pilot-in-command of a helicopter shall land at or take-off from any place
unless the place is so situated to permit the helicopter, in the event of an emergency
arising engine failure during such landing or take-off, to land continue to operate in a
manner that allows safe operation without undue hazard to persons or property on the
surface.
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(2) The pilot-in-command of a helicopter shall ensure that any place used for landing,
take-off or hover –
(a) shall have –
(i) physical characteristics; and
(ii) obstacle limitation surfaces;
commensurate with the ambient light conditions and the characteristics of the
helicopter being operated;
(b) allows the helicopter to operate clear of obstacles and without causing nuisance
to third parties through its rotor wash;
(c) has a surface area suitable for touch-down and lift-off; and
(d) meets the requirements of regulation 91.08.2 .
(2 3) No pilot-in-command of a helicopter shall land on, or take-off from, any elevated
helicopter landing place unless such place meets the design requirements prescribed in
Part 139 of these Regulations for the operation of heliports and unless, if such elevated
helicopter landing place is situated within a build-up area, the place has been licensed
or approved in terms of Part 139.
any building, structure or place in the area of jurisdiction of a local government, unless
such building, structure or place has been approved for the purpose by the Director:
Provided that this restriction shall not apply –
(a) to a helicopter landing on, or taking off from, a building, structure or place
within an industrial area, a commercial warehouse area or an open farm land
which is suitable for such purposes and in respect of which helicopter the pilot-incommand
is the holder of a valid commercial or airline transport pilot licence
(helicopter) or, in the case of the holder of a private pilot licence (helicopter), with
the written permission of the Director, unless specifically prohibited by the local
government; or
(3) No pilot-in-command of a helicopter shall land on or take off from any place
within a build-up area unless he or she has assured him- or herself that local by-laws do
not prohibit such take-off or landing without specific permission by the local authority,
provided that this restriction shall not apply (b) to a helicopter engaged in a fire-fighting
operation, referred to in Part 137, an emergency medical service operation, referred to
in Part 138, or undertaking of a flight necessary for the exercising of any power in terms
of any law.
(3) The pilot-in-command of a helicopter shall ensure that any place used for landing,
take-off or hover –
(a) shall have –
(i) physical characteristics;
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(ii) obstacle limitation surfaces; and
(iii) visual aids,
commensurate with the ambient light conditions and the characteristics of the
helicopter being operated;
(b) allows the helicopter to operate clear of obstacles and without causing nuisance
to third parties through its rotor wash; and
(c) has a surface area suitable for touch-down and lift-off.
(4) A local government may after consultation with the Director, extend the scope of
the provisions of sub-regulation (2)(a) to include other places in its area of jurisdiction.
(5 4) The Director may, in the interests of aviation safety, impose conditions or institute
restrictions as to the use of any building, structure or place for the landing or take-off of
helicopters, or require special flight procedures to be adopted at, or special routes to be
followed to or from, such building, structure or place by helicopters, and the Director
may impose different conditions, institute different restrictions or require different special
flight procedures to be adopted in respect of different buildings, structures or places.
(6 5) Nothing in this regulation shall be construed as conferring any right to land at any
building, structure or place against the wishes of the owner of, or any other person who
has an interest in, the building, structure or place or as prejudicing the rights or
remedies of any person in respect of any injury to persons or property caused by the
helicopter or its occupants.
MOTIVATION
1. Apart from the proposed minor amendments, which have been commented on,
below the proposed amendment of regulation 91.07.4 is aimed at removing the
problems which are encountered by both the industry and SACAA in dealing with
ad hoc landings of helicopters. Initially the problem existed only in respect of
build-up areas (municipalities) but current laws divide the whole of South Africa in
municipalities, which means that no ‘open land’ exists any more.
Furthermore, few municipalities know how to deal with a request for permission
to land. SACAA cannot give permission if the local authority has not given
permission. And, of course, there is the time constraint, especially during
weekends.
As the regulation is proposed to read now, helicopter landings –
1,1 are made conditional to the proposed site being suitable;
1.2 must meet the performance limitations of the helicopter; and
1.3 is not prohibited by any other (by-) law.
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The onus falls fully on the pilot-in-command and on the operator. In the case of
commercial operations, the operations manual should contain a section on how
to approach ad hoc landings.
2. The regulation is brought in line with regulation 91.06.32.
3. A consequential amendment to regulation 91.08.2, referred to in the proposed
regulation 91.07.4(2)(b), quoted below, is also proposed.
Helicopter operating limitations
91.08.2 (1) Except as provided in Part 127 or Part 128, 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 an engine failure.
(2) The provisions of sub-regulation (1) shall apply to performance Class 2 helicopters
prior to the take-off decision point or after passing the landing decision point.
(3) Only performance Class 1 helicopters shall be permitted to operate from elevated
heliports in built-up urban areas.
SCHEDULE 2
PROPOSAL FOR THE AMENDMENT OF PARTS 1 AND 92 OF THE CIVIL AVIATION
REGULATION, 2011
PROPOSER
SACAA
Private Bag X73
Halfway House
1685
PROPOSER’S INTEREST
The proposer has been established in terms of the Civil Aviation Act, 2009, (Act No. 13
of 2009), to control and regulate civil aviation in South Africa and to oversee the
functioning and development of the civil aviation industry, and, in particular, to control,
regulate and promote civil aviation safety and security.
1. PROPOSAL FOR THE AMENDMENT OF REGULATION 1.00.1
1.1 It is hereby proposed to amend regulation 1.00.1 by –
(a) the substitution for the definition of “dangerous goods accident” of the following
definition:
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“’dangerous goods accident’ means an accident associated with and related to
the conveyance of dangerous goods by air which results in fatal or serious injury
to a person or major damage to property or environment;”;
(b) the substitution for the definition of “dangerous goods incident” of the following
definition:
“’dangerous goods incident’ means an incident, other than a dangerous goods
accident, associated with and related to the conveyance of dangerous goods by
air, not necessarily occurring on board an aircraft, and for purposes of Part 92
includes which results in injury to a person, property or environmental damage,
fire, breakage, spillage, leakage of fluid or radiation or other evidence that the
integrity of the packaging has not been maintained or which seriously jeopardizes
the aircraft or its occupants;”;
(c) the insertion for the following definition after the definition of “State of
Occurrence”:
“’State of origin’ means the State in the territory of which the consignment was
first loaded on an aircraft;”;
(d) the insertion for the following definition after the definition of “unknown cargo”:
“’UN number’ means the four-digit number assigned by the United Nations
Committee of Experts on the Transport of Dangerous Goods to identify a
substance or a particular group or substances;”.
2. PROPOSAL FOR SUBSTITUTION OF REGULATION 92.00.3
2.1 It is hereby proposed to substitute regulation 92.00.3 with the following
regulation:
“Exemption or approval to convey dangerous goods
92.00.3 (1) The Director may, upon application in writing by any person referred
to in regulation 92.00.1(1)(b), exempt such person from the provisions of
regulation 92.00.2(b), in cases of instances –
(a) of extreme urgency;
(b) when other forms of conveyance being are inappropriate;
(c) when full compliance with the provisions of this Part is contrary to
aviation safety public interest.
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(2) The Director may grant authorization for the conveyance of dangerous
goods referred to in regulation 92.002, where Document SA-CATS 92 prescribes
that such goods may be carried with an approval of the Director or an appropriate
authority.
(3) The provisions of Part 11 apply with the necessary changes to an
application for exemption or approval in terms of this Part.”.
3. PROPOSAL FOR THE SUBSTITUTION OF REGULATION 92.00.21
3.1 It is hereby proposed to substitute regulation 92.00.21 with the following subregulation:
“Loading in cargo aircraft
92.00.21 Unless otherwise provided for in Document SA-CATS 92, A package or
overpack containing dangerous goods and bearing a “cargo aircraft only” label, shall be
loaded in a manner that any flight crew member or other person authorised by the
operator, can see, handle and, where size and weight permit, separate such package or
overpack from other cargo in flight. in accordance with the requirements prescribed in
SA-CATS 92.”.
MOTIVATION
All the amendments in the regulations are derived from Amendment 10 of Annexure 18.
It has new definitions and regulations 92.00.2, 92.00.3 and 92.00.21 are affected by
these amendments.
Amendment to regulation 92.00.3(2) is for the SACAA to have a reference of the
dangerous goods forbidden for transport by air unless authorised for such transport,
regulation 92.00.3(1) is about the exemption application which has been made more
stringent and regulation 92.00.21 is about loading of dangerous goods on cargo aircraft.
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