| (1) |
An aircraft shall remain on the SACAR until— |
| (a) |
the Director cancels the certificate of registration of the aircraft in terms of this Part; or |
| (b) |
the certificate of registration of such aircraft becomes invalid in terms of these regulations. |
| (2) |
Upon the application for registration of an aircraft to be placed on the register of any foreign country, the holder of the certificate of registration shall apply to the Director for the cancellation of the registration of such aircraft from the SACAR. |
| (3) |
An application referred to in subregulation (2) shall be made in the appropriate prescribed form and be accompanied by— |
| (a) |
the original of the last certificate of registration; |
| (b) |
supporting documents from the South African Revenue Service issued in terms of section 38, 39, or 44 of the Customs and Excise Act, 1964, if applicable. If not applicable, a letter confirming non-applicability issued by SARS; |
| (c) |
if the holder in whose name the aircraft is registered – |
| (i) |
is an individual and have died, a certified copy of the letter of executorship issued in terms of the Administration of Estates Act, 1965; |
| (ii) |
is an individual and the estate of such holder is sequestrated, a certified copy of the certificate of appointment issued in terms of the Companies Act, 2008; or |
| (iii) |
is a company or a close corporation and such holder is liquidated, a certified copy of the certificate of appointment issued in terms of the Companies Act, 2008, or the Close Corporations Act, 1984, as the case may be. |
| (d) |
the appropriate fee as prescribed in Part 187. |
| (4) |
If a South African registered aircraft— |
| (a) |
is destroyed, lost or stolen; or |
| (b) |
is damaged beyond repair; or |
| (c) |
is permanently withdrawn from use, |
the holder of the certificate of registration concerned shall apply for the cancellation of the registration of such aircraft, within 30 days from the date on which such event occurred.
| (5) |
An application referred to in subregulation (4) shall be made on the appropriate prescribed form and accompanied by— |
| (a) |
the original of the last certificate of registration; |
| (b) |
if the holder in whose name the aircraft is registered— |
| (i) |
is an individual and has died, a certified copy of the letter of executorships issued in terms of the Administration of Estates Act, 1965; |
| (ii) |
is an individual and the estate of such holder is sequestrated a certified true copy of the certificate of appointment issued in terms of the Insolvency Act, 1936; or |
| (iii) |
is a company or close corporation and such holder is liquidated a certified true copy of the certificate of appointment issued in terms of the Companies Act, 2008; or the Close corporations Act, 1984; and |
| (c) |
the aircraft manufacturers’ airframe data plate, if applicable. |
| (6) |
The Director shall cancel the registration of an aircraft, amend the SACAR and issue a certificate of cancellation if any of the events referred to in subregulation (4) occur and the application under subregulation (5) is received. |
| (7) |
The Director may cancel the registration of aircraft if— |
| (a) |
the aircraft is destroyed, lost, stolen or is permanently withdrawn from use; |
| (b) |
the holder of the certificate of registration does not comply with these regulations; |
| (c) |
the aircraft is registered in another country; or |
| (d) |
the holder of the certificate of registration fails to obtain a certificate of airworthiness or authority to fly of the aircraft within 12 months from the date of first registration of the aircraft onto the SACAR: Provided that the Director may approve an extension of this period for an additional 12 months. |
Administration of Estates Act, 1965
