Application 24.02.1 (1) (a) An owner of a non-type certificated aircraft classified in the paragraphs (a) to (g) of subregulation 24.01.1 (2), or his, her or its authorised representative, may apply for the issuing of an authority to fly for the aircraft, or for an amendment thereof. (b) In respect of an aircraft, classified in paragraphs (h) to (l) of subregulations 24.01.1 (2), no authority to fly or proving flight authority is required. (Editorial Note: Wording as per original Government Gazette. It is suggested that the word “subregulations” is intended to be “subregulation”.) (2) An application for the issuing of an authority to fly, or an amendment thereof, shall be— (a) made to the Director or, if applicable, the organisation designated for the purpose in terms of part 149 of these regulations, as the case may be, on the prescribed form; (b) accompanied by— (i) the appropriate fee as prescribed in part 187; (ii) proof of compliance with the provisions of regulation 24.01.2 (5); (iii) the aircraft logbook/s or similar document, or certified true copies of all entries; (iv) certified true copies of all documents and records in the construction or testing file; (v) a certified true copy of the flight manual, if applicable; and (vi) a certified true copy of the approved maintenance schedule, referred to in part 44. Requirements 24.02.2 (1) An applicant for the issuing of an authority to fly for a non-type certificated aircraft, or an amendment thereof, shall provide the Director or, if applicable, the organisation designated for the purpose in terms of part 149, as the case may be, with proof that, in the case of— (a) a non-type certificated aircraft, built in the Republic,— (i) the provisions of Document SA-CATS 24 in respect of proving flights and of performance, handling and strength tests have been complied with; and (ii) the aircraft, other than an amateur-built aircraft, was manufactured or assembled by an organisation designated by the Director in terms of regulation 24.03.1; (b) an imported non-type certificated aircraft, where the owner requests the aircraft to be registered in the South African Civil Aircraft Register, the aircraft— (i) has been deregistered in the country of export or was never registered; (ii) had been issued with a certificate of airworthiness, an authority to fly, or similar certificate by the appropriate authority of the country of de-registration; and (iii) complies with all the applicable provisions of this part; or (iv) where the aircraft is a production-built aircraft which has not been previously issued with an authority to fly or similar certificate by an appropriate authority, it was manufactured or assembled by an organisation designated by the Director in terms of regulation 24.03.1. (2) Prospective owners of an aircraft referred to in paragraph (b) of subregulation (1) shall first consult the Director and obtain approval before importing such an aircraft. (3) Examples of documentation, required to show compliance with the provisions of subregulation (1), are outlined in Document SA-CATS 24. (4) Except for the production-built aircraft referred to in subregulation (1) (b) (iv), only aircraft which previously have been registered and issued with a certificate of airworthiness, an authority to fly, or similar document by the appropriate authority of the country of deregistration may be imported into the Republic. (5) The applicant shall, in addition to the provisions of subregulation (1), submit proof that— (a) any modification to the aircraft conforms to the design changes approved for the type; (b) the aircraft complies with all appropriate airworthiness directives issued in terms of regulation 24.01.6; (c) the aircraft is issued with the appropriate flight manual, and any logbooks, repair and alteration forms and documents which the Director may require (d) an annual inspection has been carried out in accordance with the requirements of regulation 44.01.6; and (e) the aircraft is in a condition for safe operation. (6) (a) Where the application is in respect of a previously type-certificated aircraft, other than a veteran aircraft, the applicant shall provide proof that the original identification plate has been removed and handed to the appropriate authority and the aircraft re-registered as a different make and type of aircraft. (b) The Director shall inform the original manufacturer of the fact that the aircraft no longer meets its type certificate. (7) In addition to the provisions of subregulation (1), (5) and (6), the applicant shall provide— (a) any other airworthiness data which the Director or, if applicable, the organisation designated for the purpose in terms of part 149, as the case may be, may require; and (b) any document relating to the operation of the aircraft which the Director or, if applicable, the organisation designated for the purpose in terms of part 149, as the case may be, may require. (8) An application referred to in subregulation (1) shall be accompanied by the appropriate fee as prescribed in part 187. Issuing 24.02.3 (1) An application in terms of regulation 24.02.1 shall be granted and an authority to fly issued if the applicant complies with the provisions of regulation 24.02.2. (2) An authority to fly is issued subject to such conditions and limitations which may be determined by the Director or, if applicable, the organisation designated for the purpose in terms of part 149 of these regulations, as the case may be. (3) Whether the authority to fly will include permission to operate the aircraft at night, under IMC, or in commercial air transport operations or to conduct semi-aerobatic or aerobatic flights, depends on the results of the proving flights and the installed equipment. (4) In the case of a locally built amateur-built aircraft, or in the case of any aircraft that previously has been issued with a certificate of airworthiness in terms of part 21 or a similar document issued by another State in accordance with Annex 8 to the Convention, or of which the certificate of airworthiness or authority to fly has become invalid as a result of a proposed major modification, the authority to fly may normally be granted, or re-issued as the case may be, in two stages, namely, a proving flight authority and, thereafter, where applicable, the authority to fly. (5) (a) Before a proving flight authority or an authority to fly is issued, the aircraft may be required to be inspected by an authorised officer, inspector or authorised person, and the owner shall be advised accordingly. (b) The owner shall make the aircraft available for such inspection, where and when required. Proving flight authority (6) A proving flight authority shall show the base from which the proving flights are to be carried out. (7) A proving flight authority may be extended for further periods at the discretion of the Director, or if applicable, the organisation designated for the purpose in terms of part 149 of these regulations, as the case may be, on the submission of an inspection report equivalent to an annual inspection. (8) The constructor, as required, may effect modifications and repairs during the periods of validity of the proving flight authority. However, should a major modification or repair be required, the Director or the organisation designated in terms of part 149 of these regulations, may require that the proving flights be commenced anew. (9) Proving flights shall be carried out as prescribed in document SA-CATS 24. (10) Flights conducted in terms of a proving flight authority— (a) are limited to an area not exceeding 100 km radius from the specified base from which such flights are to be undertaken, unless stated otherwise on the proving flight authority; (b) may only be conducted under VMC by day; (c) are forbidden over open-air assemblies of persons; and (d) are forbidden over built-up areas, except where necessary for take-off and landing. (11) Only essential crew members, including those persons assigned to carry out in-flight inspections, may be carried on board the aircraft during flights conducted in terms of a proving flight authority. (12) Where a proving flight authority is issued in respect of an aircraft of a new design, or of which the originally-approved design has undergone major modification, the first flight or flights shall be conducted by a pilot with the appropriate test flight rating. (13) With the approval of the Director, the flight or flights referred to in subregulation (12), the owner of the aircraft, if suitably qualified, may carry out additional proving flights. For the purpose of this subregulation, where the ‘owner’ consists of more than one natural person, one of these persons shall be designated by the test pilot to carry out the proving flights. (14) The owner, referred to in subregulation (13), shall be a licensed pilot, holding the appropriate category and class rating, and having been converted on type by an appropriately rated flight instructor. (15) Apart from any conversion training, which may be required in terms of subregulation (14), no flight training may be conducted on an aircraft, operated in terms of a proving flight authority. (16) Where the limitations for flight still have to be established, such proving flight or flights shall be carried out by a pilot with the appropriate test flight rating. (17) The final proving flight for the issue of an authority to fly shall be carried out by a pilot with the appropriate test flight rating who, if applicable, shall be the pilot who carried out the proving flights, referred to in subregulation Special flight permit 24.02.4 (1) The Director or the organisation designated for the purpose in terms of part 149 of these regulations, as the case may be, may issue a special flight permit. (2) A special flight permit for an aircraft may be issued for the purposes of— (a) ferrying an aircraft, where the authority to fly has become invalid, to a base where maintenance can be carried out; (b) delivering or exporting the aircraft; (c) evacuating the aircraft from areas of impending danger; (d) carrying out a flight or a series of flights while the aircraft does not conform to the appropriate airworthiness design standards referred to in regulation 24.01.2; or (e) operation of an aircraft at a mass in excess of its maximum certificated take-off mass for flights beyond the normal range over water or over land areas where adequate landing facilities or appropriate fuel is not available. The excess mass that may be authorised under this subregulation is limited to the additional fuel, fuel-carrying facilities, and navigation and emergency equipment necessary for the flight. (3) An application for the issuing of a special flight permit for an aircraft or an amendment thereto, shall be made on the prescribed form. (4) A special flight permit issued in terms of this part shall be valid only for flights within the borders of the Republic and over international waters. For flights over or within the territory of another State permission of the responsible aeronautical authority is required. Form 24.02.5 An authority to fly and a proving flight authority shall be issued on the appropriate prescribed form. Period of validity 24.02.6 (1) An authority to fly and a proving flight authority shall be valid until— (a) the expiry date; (b) it is surrendered by the holder thereof, or is suspended by an authorised officer, inspector or authorised person; (c) cancelled by the Director, or the organisation designated for the purpose in terms of part 149, as the case may be; (d) a major modification is effected to the aircraft; or (e) the aircraft is involved in an incident or accident that results in major damage to its primary structure. (2) Subject to the provisions of subregulation (1), an authority to fly or proving flight authority shall remain valid for as long as— (a) the aircraft remains registered on the South African Civil Aircraft Register; and (b) the aircraft is maintained in accordance with the regulations. (3) The holder of an authority to fly or proving flight authority which expired shall forthwith surrender the authority to fly or proving flight authority to the Director or, if applicable, the organisation designated for the purpose in terms of these regulations, as the case may be. (4) The holder of an authority to fly or proving flight authority which is suspended shall forthwith produce the authority to fly or proving flight authority upon suspension thereof, to the authorised officer, inspector or authorised person concerned for the appropriate endorsement. (5) The holder of an authority to fly or proving flight authority which is cancelled shall, within 30 days from the date on which the authority to fly or proving flight authority is cancelled, surrender such certificate to the Director or, if applicable, the organisation designated for the purpose in terms of part 149 of these regulations, as the case may be. (6) An authority to fly or a proving flight authority, which has been suspended, shall be reinstated when the cause for the suspension has been corrected to the satisfaction of the Director or, if applicable, the organisation designated for the purpose in terms of part 149 of these regulations, as the case may be. |
