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Disuussion document on a new MISASA constitution 2004

THIS DRAFT DISCUSSION DOCUMENT IS NOT COMPLETE AND IS TO BE REGARDED
AS WORK IN PROGRESS THAT HAS BEEN PRESENTED TO MEMBERS AT AN EARLY STAGE FOR THEIR DELIBERATION AND COMMENT
                                                                                      
 
INDEX
 
 
 
Prepared By: Alan Mackenzie at the request of the MISASA AGM and the MISASA Chairman
 
 
 
The Constitution of MISASA is the governance document of the association.  Currently, the Constitution situates MISASA as a section of the Aero Club of South Africa. The constitution is being redrafted with a view to improved service delivery to the membership of the association.
 
As far as the positioning of MISASA is concerned it may continue as a section of the Aero Club of South Africa or alternatively in a like manner to the Soaring Society of South Africa it may be an independent but affiliated body to the Aero Club of South Africa. Other options have been explored but are not recommended.
 
Mostly because it is seen that the association needs to have limited liability it is proposed that MISASA be constituted as an independent Section 21 company, limited by guarantee, with its own memorandum and articles of association. It is proposed that this Section 21 company be affiliated to the Aero Club of South Africa from whom MISASA should seek specific agreed services for which it should pay the Aero Club at rates considered reasonable but which rates should be set per activity or service rendered and not by incremental allocation. It is recommended that the Chairman hold discussions with the Aero Club on this matter.
 
Should this proposal to establish MISASA as a Section 21 company limited by guarantee be accepted the subcommittee will draft the memorandum and articles of association in line with the requirements of the Companies Act, 1973.  Extracts of the Companies Act, 1973 relevant to Section 21 companies have been made available on a Yahoo Web Group:
 
To access the achived files go to Yahoo Groups > Aviation > MicroPEP and join the chat group.
 
Note that you will need to join the group to access the archived files. Membership is open to invited members. You may invite other to join by offering them the web address. The idea of the website being that once a conceptual framework is in place this website may be promoted to non-members for them to access information that will enable them to participate in the debate surrounding the provision of services to meet their individual or collective needs. The website which permits pictures and other attachments will be closed once the objectives have been achieved.
 
Annual subscription fees are determined at the AGM and are based on an incremental percentage agreed at the AGM. Many members have not felt that they have received value for money from subscriptions paid and have left the association. The setting of fees on an estimation of an “ability to pay” rather than on the provision of identified collective or individual needs is seen to be the reason for the current perception of a lack of “value for money”. Without reference to services rendered members do not see the need nor value associated with membership.
 
It is proposed that subscription fees should be directly associated with services offered and that services and the associated costs should be presented to an AGM in advance for the AGM to approve the service, the provider of the service and the costs thereof. Services to members could be rendered at the club level, the central MISASA level or by the Aero Club. MISASA may also facilitate the availability of services such as courier services to and from CAA offices to clubs around the country.
 
Set out in Figure 1 below is a schematic that represents what is called a “Base 80” budget. The baseline activities of the organisation are agreed in advance and form the baseline “Base 80”. The baseline Base 80 need not be 80% of the budget, it is often so following the 80/20 rule of thumb, but equally it may also be another percentage depending upon the split between stable year to year baseline services and discretionary project expenditure. The holding of a national competition, an instructors seminar, representation at the British Microlight Show etc are discretionary projects that need specific costing and approval against available or projected finalcial resources. Thus if a number of projects are invisaged in the year ahead then the fees put to the members for approval may be higher in the current year than in the next. It is possible that expenditure could be approved by the Board of Directors however it is proposed that a full target budget including baseline activity costs and dicretionary project related costs should be approved annually in advance. This approved budget then becomes the target or mandate of the Board of Directors. The Board should hold discretionary powers to approve further activities within an agreed percentage of say 20% or up to the full or partial balance of reserves to meet emergency or opportunistic activities not considered at the annual AGM. Requirements outside the agreed levels of discretion would need to be taken to a special general meeting  called for this purpose.
 
Using the above process, as more and more activities are presented as packages for decision, so the possibility of budget growth increases. Activities approved will become funded projects and activities not approved will become unfunded projects. Unfunded projects can be dropped or they can be rolled forward to future years. Another possibility for unfunded projects may be that of securing a project sponsor.
 
 
Part of the decision process, in a hierarchical, structure is to decide who is to provide the service. Thus service provision may best be placed at the national level with the Aero Club or alternatively with the national MISASA body. Other services may best be effected at a regional or club level. In general, costs specific to a club, such as airfield maintenance would not be migrated to the MISASA budget and would be funded and managed by the local club. In a similar manner MISASA could decide to fund its own full time staff to provide certain services that currently are provided by the Aero Club and may request the Aero Club to provide other services that are currently not provided. The core concept is that of “user pays” and so MISASA would need top negotiate a Service Level Agreement with the Aero Club as well as with each of the Chapters that are established within MISASA. Each chapter would have to determine a budget for “Chapter Operations” as well as for “Central Services” from MISASA.
Microlights in South Africa are broadly defined as aircraft with a Maximum Take Off Weight of 450 kilograms.  Given the current trends that are leaning towards the use of four stroke engines and the geography of South Africa that lends itself to safety with endurance as well as the need for bigger and hence heavier wheels to meet all terrain requirements it is proposed that MISASA progress discussions with the Civil Aviation Authority towards the redefinition of the microlight class along the lines of adding some 100 to 150 kgs to the category along the lines of the USA category or alternatively along the lines of the Australian recreational aviation model that also has a significantly higher weight ceiling to our microlight category. The additional weight allowance would also go a long way to establishing a “seaplane” chapter within the association as well as enable a “charter” chapter to carry additional safety equipment.
 
The impact of this redefined category would most likely see an increase in the numbers of fixed wing microlights and in addition may make a vintage plane category an attractive option.  Recreational flying from cities within an increased weight allowance would enable couples to fly to a wider range of resorts on a weekend fly-away. This would promote the category by providing more possibilities for recreational flying within a more affordable class of plane.
 
In Australia there are three categories, by weight, of ultralight. The first is a powered aircraft intended for experimental, educational or recreational purposes usually designed to operate at speeds below 200 km per hour and weigh less, when fully loaded, than 300 kilograms. For the non certified single seater that is designed and built at home from scratch the weight limitation goes up to 544 kilograms for experimental, and amateur built, single engine, to seater where a minimum of 51 percent of the construction is done by the owner/builder.  In the case where floats are fitted the latter example has a weight limitation of 614 kilograms.
 
In the USA since 1 September 2004, sport pilots are limited to operating aircraft that meet the definition of a light-sport aircraft. This includes aircraft in the following categories, Airplanes (single-engine only), Gliders, Lighter-than-air ships (airship or balloon), Rotorcraft (gyroplane only), Powered Parachutes, Weight-Shift control aircraft (e.g. trikes) with a maximum gross takeoff weight 599 kg and for seaplanes 650 kg both with max stall speed of 51mph. More detail specifice to our microlight category is as follows:
  • MTOW: 1320 Lbs (599Kgs) for land operation or 1430 Lbs (650Kgs) for water operation
  • Max stall speed: 51mph (45kts)
  • Max level speed flight at max continuous power: 138mph (120kts)
  • Two place max. (pilot and passenger)
  • Single reciprocating engine only, including diesel and rotary engines.
  • Fixed or ground adjustable prop
  • Unpressurised cabin
  • Fixed landing gear
  • May be operated at night if equipped for it and pilot is rated for night flying.

    There are two categories:
  • Special-Light Sport Aircraft (S-LSA)
  • Experimental-Light Sport Aircraft (E-LSA)
S-LSA aircraft are factory built, ready to fly aircraft built to the LSA standards and in addition to recreational flying can be rented or used for instruction. They must be maintained and inspected by certified light-sport repairman with a mainienance rating or higher.

An E-LSA aircraft is a kit version of a S-LSA which can be completed to any level with the proviso that one kit has been completed by the manufacturer and complies with the standards. E-LSA aircraft can only be used for recreational flying and the instruction of the owner. They may be inspected by a certified repairman but maintenance can be carried out without a rating.

Instructors.
Instructors are certified for ground and flight instruction ratings and have grades - sport pilot flight/ground instructors and sport pilot examiners (SPE's)

New ratings for pilots
Weight Shift control aircraft are now required to log at least 40 hours of flight training (with at least 20 hours of dual instruction and 10 hrs of solo flight in that class of aircraft). To complete training a checkride must be done with a registered examiner.

To do a conversion the minimum training time for the different LSA categories are:
  • Airplane (fixed wing): 20hours
  • Weight-shift-control(trikes):20hours
    (there are other categories such as Gliders, power parachutes, gyros,airships)
 
Hours done with ultralights and experience on other aircraft can be creditted towards a sport pilot certificate.

Sport pilot rules also allows for:
  • Pro-rata sharing of operating expenses with a passenger.
  • To fly standard category (GA) aircraft that meet the LSA definition
  • If you have passed the medical for your Car Driving licence it is sufficient for your Sport Pilot licence, unless you have previously failed an aviation medical.
 
Licenced Sport Pilots have the following restrictions:
  • Daytime flying only
  • Max height 10,000 feet MSL
  • No flights when flight or surface  visibility is less than 3 statute miles
  • No flights unless you can see the surface of the earth for reference
  • NO CARRYING OF PASSENGERS FOR COMPENSATION OR HIRE (no commercial flying)
  • No flights in the furtherance of business
  • NO SIGHTSEEING FLIGHTS WITH PASSENGERS FOR CHARITY FUNDRAISERS
  • No towing of any object
  • If a pilot learned to fly in an aircraft with a max level flight speed of 100mph (87kts) or less they must obtain additional training to fly an aircraft with a max level flight speed of 100 - 138mph (87-120kts) and have it endorsed in their logbook.
 
Currently all members of MISASA are affiliated to the central association irrespective of the nature of their aviation activities. It is proposed that MISASA establish various chapters to cater for the specialised needs of each chapter.  These chapters could then be established at clubs that are affiliated with MISASA at various locations around the country. The idea of chapters enables the limitation of liability as well as the specialisation of focus in the delivery of services to the membership.
 
MISASA should, as a safety promoting organisation, not have a high or “adventurous” risk appetite. Our Government’s National Vision is “A better life for all”. CAA as a part of the government will support this. I see that Charter and Flipping Chapters carry more risk notwithstanding the signing of indemnity forms and thus there is a need to ring fence the risk by the creation of a separate Section 21 company and the dilution of risk by effecting a rigid safety quality control procedure as well as a manual of procedure that build in appropriate safety promoting checks and balances. If it is considered prudent to dilute risk through indemnity cover then the cost of this should be borne by the person going for the flip/charter. The concept of chapters re charter and flipping or sight seeing activities is to recognise the need and to respond to the need in a responsible manner by defining a Manual of Procedure and a System of Safety Control to ensure that these operations are done at international best practice standards within an approved ARO.
 
To illustrate possible deliberations on the positioning of service delivery it may be suggested that MISASA contract the Aero Club of South Africa to represent it in so far as the National Sport and Recreation Act of 1998 is concerned. Again please reference the above website for archived relevant extracts from the Act. If this is the case then MISASA will look to the Aero Club of South Africa to represent it in deliberations around the award of national colours and in so far as its obligations are concerned in relation to the development of the sport as envisaged by the act.
 
Chapters envisaged could include the following:
  • Fixed wing
  • Gyroplanes
  • Weight shift trikes
  • Seaplanes
  • Experimental
  • Instructional
  • Charter (Flips to say longer term hire with an instructor as pilot)
  • Tourism (Adventure fly-aways marketed to say international tourists in groups)
  • Hire and Fly
  • Support Services
·      Manufacturer
·      Component supplier (instrumentation, props etc)
·      Repairer, servicing etc
·      Etc
 
MISASA would need to maintain an ARO with the civil aviation authority. This ARO would need to contain specialist manuals of procedure for each chapter as well as specialist quality control systems for each chapter.  CAA may prefer to see specialist ARO’s. The Technical and Safety sub-committee’s as currently constituted may need to be devolved to each chapter so that specialist expertise relative to each “Chapter ARO” or each “Specialist Manual of Procedure and Specialist Quality Control System” within the overall MISASA ARO is maintained by specialists in each Chapter. Thus MISASA would maintain multiple ARO’s or one ARO with multiple Manuals of Procedure etc contained therein.
 
In line with the activity based revenue collection philosophy each chapter would need to be self funding and in addition it would need to contribute towards (buy / pay for) the cost of central services supplied by MISASA or by the Aero Club.
 
The real issue is to provide services on a “user pays” or activity based costing basis within each Chapter. Currently the average trike or fixed wing owner pays for instructors to attend an instructor’s seminar each year. The requirement for continuous professional education is standard in many careers. The difference is that MISASA currently charges the membership for it and they do not “feel/see” the benefit. Value would be seen to be given if instructors were required to attend and pay themselves for the seminar and this cost was passed on by them to student pilots at a cost per hour of instruction within flight schools.  
 
Given that there is agreement that microlight pilots wish to self regulate their sport then the regulations drawn to do so would need to address the specific needs of each chapter. Thus it is possible that in the interests of safety the following may be considered necessary by the Charter Chapter:
  • Ballistic parachutes
  • Transponders
  • GPS
  • More regular AP inspections
  • Safety Audits
  • Emergency preparedness including set flight routes with emergency landing facilities along the set routes
  • Insurance cover and professional indemnity insurance,  etc
 
The central association, MISASA, would need to assess the risk associated with each chapter and take a decision on the need for each chapter to establish a separate Section 21 company to contain the migration of risk to the center.
 
 
Sea planes are offered above as a possible “Chapter” within MISASA as the “commercial” tourism potential within an increased weight category are potentially large and could make our country a long haul destination for the international tourist.
 
 
 
Consider:
  • That most of these craft are in effect small boats or rubber ducks with 3 wheels and thus are not limited to water landings only. The Seaplane tag is used as the National Parks Board have reservations against inland use but this should be explored for it may not be a universal limitation.
  • Adventure trips from say Port Edward to Kei Mouth. This is about a three hour flight. 1 hour to Port St Johns, Port St Johns to Mbashee 1 hour and Mbashee to Kei River 1 hour. This would open up the hard to reach wild coast hotels, provide employment and huge enjoyment to tourists. Early morning flights over a seven day package skipping some resorts if the weather is bad. Marketed internationally this could keep at least a dozen operators busy.
  • The prospects for Black Economic Empowerment are substantial in that “microlight adventures” would promote/facilitate access to cultural villages and thus assist in alleviating poverty in these areas.
  • Follow the “Orange River” – why should river rafting be the primary supplier of access to remote spots?
  • A thought put forward by the Chairman has been for MISASA to stand for the Microlight Sport Association of Southern Africa. This may open up opportunities > Okavango to Kariba Dam >  Cape Town Waterfront to Malagas etc.
 
With an increased weight allowance this group will have even more specialist needs than is the case at present.  Matters such as fuel availability at airfields, airfield maintenance etc is of greater importance to this category of microlight pilot/owner.
 
 
As a separate chapter this category may see the benefit of repositioning themselves.
 
This category I believe needs promotion. Should not MISASA send a nominated specialist to investigate the possibilities of affordable kits overseas? Going to the British Microlight Show or to Oshkosh and returning to write up a manual on available researched options to DIY enthusiasts. If a researched kit option were sold at say R100 each much of the cost could be recovered or alternatively this could be the feature of an edition of the magazine.
 
The accreditation of suppliers, repairers etc is seen to add value to new members in a growing sport where new members have not had the exposure to assess safety and service levels themselves.  
 This should be promoted together with discounts applied to additional membership affiliations. At discounted rates members may wish to join other sections such as the EAA so that they are kept abreast of news via the EAA magazine and in addition they may wish to participate in lectures fly-aways etc.
Many objectives need to be evaluated. The following are suggested to fall within the objectives of the central MISASA organisation:
  • The administration, self-regulation, collective representation, co-ordination and leadership of the sport and associated activities by, inter alia, compiling, maintaining and modifying, as deemed necessary, a best practice Manual of Procedure in accordance with which all forms of MISASA accredited microlight aviation in the RSA shall be conducted.
  • To popularise and develop the sport ito the National Sport and Recreation Act, 1998
  • To represent the association at National Colours deliberations
  • To remove barriers to entry by promoting affordable safe flying alternatives
  • To give recognition to significant activities or accomplishments by offering, granting or contributing towards the provision of prizes, awards and accolades.
  • To sponsor safety clinics or other such activities to promote safety and to generally strive for the improvement in the safety track record of the sport
  • To communicate with members by way of circulating minutes, publishing a magazine, maintaining a website etc and to act on behalf of the membership in communicating with the media or the general public on microlight aircraft construction, design and recreational or sport aviation
  • To encourage the establishment of aviation clubs at local level
  • To partner the public sector in terms of policy making as envisaged in Chapter 10 of the Constitution
  • To co-ordinate a wide programme of inter-club or inter-provincial fly-ins to promote recreational aviation
  • To research affordable safety innovations such as affordable transponders, ballistic parachutes etc
  • To maintain a buying manual of negotiated prices to make the sport more affordable at local level by using the buying power
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