Civil Aviation Act, 2009 (Act No. 13 of 2009) Chapter 1 : Definitions 1. Definitions

 

 

"accredited representative"

means a person designated by a State, on the basis of his or her qualifications, for the purpose of participating in an aircraft accident or aircraft incident investigation conducted by another State;

 

"aerodrome"

means any demarcated area on land or water or any building which is used or intended to be used, either wholly or in part, for the arrival or departure of an aircraft, and includes any building, installation or equipment within such area which is used or intended to be used in connection with the arrival, departure or movement of an aircraft;

 

"air carrier"

means a commercial air transport operator providing either a scheduled or a non-scheduled air service;

 

"aircraft"

means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the surface of the earth;

 

"aircraft accident"

means the occurrence as defined in Chapter 1 of Annex 13 to the Convention;

 

"aircraft incident"

means an occurrence as defined in Chapter 1 of Annex 13 to the Convention;

 

"air navigation facility"

means any premises, structure or place to which the public have restricted access and in which a service is rendered for the operation of a designated airport or for the public at a designated airport, airport or heliport, and includes any aid provided for promotion of the safe, orderly and expeditious movement of air traffic, and, where applicable, any building or structure in or on which such aid or part thereof is housed or attached, and includes the premises on which such aid or part thereof is situated, whether such building, structure or premises is situated within the boundaries of a designated airport, airport or heliport or not;

 

"air navigation infrastructure"

means a navigation infrastructure as defined in the Air Traffic Navigation Services Company Act, 1993 (Act No. 45 of 1993);

 

"air service"

means an air service defined in Section 1 of the Air Licensing Act, 1999 (Act No. 115 of 1999);

 

"Air service operator"

means a commercial air transport operator providing one or more of the following namely, a scheduled, a non-scheduled or a general air service;

 

"Air Traffic Service"

means a service provided for the purpose of safe and efficient conduct of flight, expeditious and orderly flow of air traffic, assisting in aircraft search and rescue, and includes—

 

"Air traffic service unit"

means an air traffic control unit, flight information centre or air traffic service reporting office;

 

"airport"

means an aerodrome as defined in section 1 of this Act;

 

"airport manager"

means any person appointed in writing by the management of a designated airport to act in such capacity or any person in control of an airport, and includes any person appointed in writing by the airport manager or the management of a designated airport to discharge any function imposed, or to exercise any power conferred, upon the airport manager by this Act;

 

"appeal committee"

means an appeal committee established in terms of section 122;

 

"appointed member"

means a member of the Civil Aviation Authority Board appointed by the Minister in terms of section 77;

 

"authorised officer"

means an officer designated in terms of section 88(1) of this Act;

 

"authorised person"

means—

 

"aviation facility"

means premises for the handling of passengers, cargo, post or baggage, an aircraft hangar, a fuel storage area and any other premises, structure or place to which the public have no right of access and in which a service is rendered for the operation of a designated airport or aircraft or for the public at an airport or heliport, whether such building, structure or premises is situated within the boundaries of the airport or heliport or not;

 

"Aviation Safety Investigation Board"

means the Aviation Safety Investigation Board established in terms of section 10;

 

"board"

means a board of inquiry appointed under section 70;

 

"Civil Aviation Authority"

means the South African Civil Aviation Authority established in terms of section 71;

 

"Civil Aviation Authority Board"

means the Civil Aviation Authority Board established by section 75;

 

"commander"

in relation to an aircraft, means the crew member designated as commander of that aircraft by the operator thereof, or, failing such a designation, the person who is at that time the pilot in command of that aircraft;

 

"company"

means the company as defined in section 1 of the Airports Company Act, 1993 (Act No. 44 of 1993);

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"Contracting State"

means any State which is a party to the Convention;

 

"controlled airspace"

means an airspace of denned dimensions within which an air traffic control service is provided to IFR (Instrument Flight Rules) flights and to VFR (Visual Flight Rules) flights in accordance with the airspace classification as prescribed by regulation;

 

"Convention"

means the Convention on International Civil Aviation drawn up in Chicago on 7 December 1944, as set out in Schedule 3, and includes any amendments and additions ratified and proclaimed in accordance with section 3(1)(b);

 

"Convention country"

means a country in which the Convention on Offences and Certain Other Acts Committed on Board Aircraft, the Convention for the Suppression of Unlawful Seizure of Aircraft or the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation is in force;

 

"Criminal Procedure Act"

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

 

"Department"

means the National Department of Transport;

 

"designated airport"

means any company airport as defined in section 1 of the Airports Company Act, 1993 (Act No. 44 of 1993), and includes any airport, helistop or heliport designated by the Minister in terms of section 4(5);

 

"differences"

means the departures from international standards and procedures contained in Article 38 of the Convention;

 

"Director"

means the Director of Civil Aviation appointed in terms of section 85;

 

"Director-General"

means the Director-General of the Department of Transport;

 

"Director of Investigations"

means the Director of Investigations appointed in terms of section 26;

 

"financial year"

in relation to the Civil Aviation Authority, means a period beginning on 1 April of a specific year and ending on 31 March of the following year;

 

"flight path"

means the line of an aircraft's passage through the air;

 

"harmful article"

means—

 

"heliport"

means a defined area on any land or building, which is intended to be used for, or in connection with, the arrival, departure or movement of helicopters, and includes any building, installation or equipment within such area;

 

"helistop"

means an aerodrome and any defined area or a structure intended or designed to be used either wholly or partly for the landing, departure and surface movement of helicopters;

 

"identifying and notifying of differences"

means the process whereby Contracting States in terms of Article 38 of the Convention identify and notify other Contracting States of any differences between national regulations and practices and the international standards contained in the Annexes to the Convention;

 

"Inquests Act"

means the Inquests Act, 1959 (Act No. 58 of 1959);

 

"inspector"

means an inspector designated in terms of section 88(1);

 

"investigator"

means a person appointed under section 26;

 

"military conveyance"

means the transportation of goods or persons by means of an aircraft that is operated by or on behalf of the Department of Defence or a visiting force;

 

"Minister"

means the Minister of Transport;

 

"missed approached procedure"

means the procedure to be followed if the approach cannot be continued;

 

"NASP"

means the National Aviation Security Program compiled and developed by the Department in compliance with Annex 17 to the Convention;

 

"oath"

includes an affirmation or declaration;

 

"operator"

means a person or artificial entity, holding a valid licence and operating certificate or equivalent thereof authorising such person to conduct scheduled, non-scheduled or general air services and airline, air carrier, air service operator or commercial air transport operator has the same meaning as defined;

 

"organ of state"

means—

 

"participant"

means any person who participates in or who renders services to the aviation industry or aviation in general;

 

"pilot in command"

in relation to an aircraft, means the person who is in charge of the piloting of the aircraft;

 

"political office bearer"

means a member of Parliament, a member of a provincial legislature, a diplomatic representative of the Republic who is not an officer of the State in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), a member of a municipal council, a member of a house or council of traditional leaders, or any paid official of a political party, alliance or movement;

 

"premises"

includes any aerodromes, hangars, approved maintenance organisations, workshops, ramps, fuel storage, operator offices, cargo handling areas, vehicles and aviation training organisations;

 

"prescribed"

means prescribed by regulation;

 

"proclamation"

means any proclamation issued under this Act;

 

"Protocols"

means the instruments that govern the application of the Convention issued by the International Civil Aviation Organisation and ratified by Member States;

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"Recipient State"

means all States that participate in an aircraft accident or aircraft incident investigation including the State instituting the investigation, the State of Registry, the State of the Operator, the State of Design, the State of Manufacture, any State having suffered fatalities or serious injuries to its citizens and any State that provided relevant information, significant facilities or experts;

 

"registered owner"

in relation to an aircraft means the person in whose name the aircraft is registered, and includes any person who is or has been acting as an agent in the Republic for a foreign owner, or any person by whom the aircraft is hired at the time;

 

"regulation"

means any regulation made under this Act;

 

"Republic"

means the Republic of South Africa including any territory and territorial waters in respect of which Parliament is competent to legislate;

 

"restricted area"

means any area, building or place at a designated airport, in respect of which access control has been instituted for security purposes by, or with the concurrence of the management of such designated airport, or in respect of which the Minister has directed the management of the designated airport, or any organisation conducting business at a designated airport, to institute access control and in respect of which access control has been so instituted;

 

"search"

with the exception of Chapter 4, includes hand searches of luggage or the use of metal detectors for persons and metal detectors, X-ray equipment and explosive detecting equipment for personal effects, baggage, vehicles, cargo, mail and other goods for the purpose of screening;

 

"South African aircraft"

means an aircraft registered in the Republic and includes any aircraft that is operated by joint air transport operating organizations or international operating agencies established by the State and any other convention country and that is declared by the Minister by notice in the Gazette, to be a South African aircraft;

 

"State of Design"

refers to the state having jurisdiction over an organisation responsible for the type of design of an aircraft;

 

"State of Manufacture"

refers to the state having jurisdiction over an organisation responsible for the final assembly of an aircraft;

 

"State of Occurrence"

means the state in whose territory an aircraft accident or aircraft incident occurs;

 

"State of Registry"

means the state on whose register the aircraft is registered;

 

"State of the Operator"

means the State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence;

 

"technical standard"

in relation to civil aviation regulations, means a standard published under the authority of the Director that specifies the technical requirements, data, information or guidance relating to an acceptable means of compliance with such regulation;

 

"this Act"

includes any Schedule to this Act or regulation made under this Act;

 

"Transit Agreement"

means the International Air Services Transit Agreement drawn up at Chicago on 7 December 1944, and set out in Schedule 4.