| (1) |
The Director may recognise, through temporary validation or permanent conversion, on the conditions prescribed in this Part, pilot licences and ratings issued by an appropriate authority of a Contracting State if the standard of such foreign licence or rating is deemed to be equivalent to, or higher than, the South African licence or rating. |
| (a) |
A person who holds a current and valid pilot licence issued by another Contracting State in accordance with ICAO Annex 1 to the Convention, may apply for a validation or conversion of such licence and associated ratings, for use on aircraft registered in South Africa. |
| (b) |
A foreign licence or rating shall only be validated or converted provided the minimum experience requirements for the issue of the applicable South African licence or rating have been met. |
| (3) |
Where the country of issue is not a Contracting State or does not comply with Annexes 1 and 6 to the Convention, then the foreign licence holder must undergo bridging training to the extent determined by the Director in individual cases and thereafter further assessment of competence to ensure compatibility with the relevant South African licensing standards. |
| (4) |
Before the Director validates or converts a foreign licence or rating for a commercial air transport operation or a PPL with Instrument Rating (PPL/IR), he or she must confirm the validity of the foreign licence or rating with the appropriate authority of the issuing Contracting State. |
| (5) |
Notwithstanding the provisions of subregulations (1) and (2), any applicant for the validation of a foreign licence or rating must undergo the appropriate skills test and— |
| (a) |
in the case of validation for use as a private pilot under VFR conditions (PPL/VFR), must— |
| (i) |
have attended a tutorial, conducted by at least a Grade III flight instructor at an approved Part 141 ATO on the differences in airspaces and terminology within South Africa; |
| (ii) |
have received a briefing on performance planning, taking into account the effect of density altitude; and |
| (iii) |
write an Authority approved examination in South African Air Law conducted by an approved Part 141 ATO; or |
| (b) |
in the case of validation for use as a private pilot under IFR conditions (PPL/IFR) must— |
| (i) |
have attended a tutorial, conducted by at least a Grade II flight instructor at an approved Part 141 ATO on the differences in airspaces and terminology within South Africa; |
| (ii) |
have received a briefing on performance planning taking into account the effect of density altitude; and |
| (iii) |
pass an examination on South African Air Law and Procedures at an approved Authority Examination Centre; or |
| (c) |
in the case of validation for use as a commercial pilot under VFR conditions (CPL/VFR) or as an airline transport pilot (helicopter) without instrument rating, must have passed an examination in South African Air Law at CPL level at an approved Authority Examination Centre; or |
[Regulation 61.01.13(5)(c) substituted by regulation 8 of Notice No. R. 532, GG 36712, dated 30 July 2013 (First Amendment of the Civil Aviation Regulations, 2013)]
| (d) |
in the case of validation for use as a commercial pilot under IFR conditions (CPL/IFR) or as an airline transport pilot (aeroplane) or as an airline transport pilot (helicopter) with instrument rating, must have passed an examination in South African Air Law and Procedures at an approved Authority Examination Centre. |
[Regulation 61.01.13(5)(c) substituted by regulation 8 of Notice No. R. 532, GG 36712, dated 30 July 2013 (First Amendment of the Civil Aviation Regulations, 2013)]
| (a) |
Notwithstanding the provisions of regulation 61.01.14(20), a certificate of validation of a foreign licence for commercial purposes may only be issued for a particular purpose. |
| (b) |
The expiry date of such certificate of validation shall coincide with the date of expiry of the medical certificate of the applicant but shall not exceed a period of twelve months. |
| (c) |
If the medical certificate expires within the initial 12 month period, then the certificate of validation may be revalidated for a further period not exceeding 12 months from original date of issue of the certificate of validation. |
| (d) |
Under exceptional circumstances, the Director may extend the period of validation by one further period of 12 months. |
| (e) |
The certificate of validation for a PPL is valid for a period of 60 months from date of successful completion of the applicable skills test. |
| (f) |
The privileges of the validation may only be exercised if the holder has a current and valid foreign licence and complies with the recency and maintenance of competency requirements of Subpart 3 of this Part as applicable. |
| (7) |
In the case of validated foreign pilots flying South African registered aircraft in a foreign country, a certificate of validation for commercial purposes.may be re-issued annually, provided that the operation is flown exclusively outside the borders of South Africa and that any flying carried out in South Africa is for the purpose of a ferry flight for pre- or post-maintenance purposes or for the purpose of a revalidation check. |
| (8) |
The purposes for which a certificate of validation may be issued include any or a combination of the following— |
| (a) |
to exercise the privileges of a private pilot in a South African registered aircraft; |
| (b) |
to ferry a South African registered aircraft from one foreign country to another, or from a foreign country to South Africa; |
| (c) |
to conduct demonstration flights in South African registered aircraft; |
| (d) |
to conduct familiarisation, difference training or route training of South African flight crew; |
| (e) |
to provide its holder with time to complete prescribed bridging training for the conversion of the foreign licence or rating while acting as a flight crew member on a South African registered aircraft during commercial operations; and |
| (f) |
in case of a dry- or wet-lease agreement in terms of Part 48. |
| (9) |
The privileges of a validated foreign licence may not be exercised for commercial air transport operations, except when issued for the purpose referred to in subregulation (7) and paragraphs (e) and (f) of subregulation (8), and except by written permission of the Director for the purposes of route training. |
| (10) |
A South African licence, issued wholly or in part on the strength of a foreign licence, must indicate the Contracting State that issued the licence upon which the conversion was based. |
| (11) |
For the issuing of a South African pilot licence or rating, the Director may not recognise foreign examination credits in isolation; i.e., for a conversion the applicant must be the holder of the appropriate valid licence or rating. If such is not the case, the applicant must pass all the relevant South African examinations. |
| (12) |
A foreign licence, if qualifying for the issue of a certificate of validation in terms of these Regulations, or for which a certificate of validation has been issued, may be accepted as the entry requirement for the issue of a higher South African pilot licence. |
Validation of a foreign pilot licence and ratings
| (13) |
The application for a certificate of validation of a pilot licence or rating issued by the appropriate authority of a Contracting State should be made to the Director on the appropriate prescribed form. |
| (14) |
The Director may validate a pilot licence and ratings issued by an appropriate authority of a Contracting State— |
| (a) |
subject to the same restrictions which apply to such foreign pilot licence and ratings; |
| (b) |
subject to such conditions and limitations as the Director may deem necessary in the interest of aviation safety; |
| (c) |
in accordance with, and subject to, the requirements and conditions as prescribed in these Regulations; |
| (d) |
on condition that the privileges may not exceed that of the South African pilot licence or rating. |
| (15) |
The application for a certificate of validation must be accompanied by— |
| (a) |
the appropriate fee as prescribed in Part 187; |
| (b) |
a certified true copy of the pilot licence and ratings for which the validation is requested; |
| (c) |
a certified true copy of a valid foreign or local medical certificate; |
| (d) |
a summary of the applicant's logbook, certified by the applicant to be a true reflection of the hours flown; |
| (e) |
proof of English language proficiency compliance in terms of regulation 61.01.7; and |
| (f) |
any other document prescribed in Document SA-CATS 61. |
| (16) |
The minimum knowledge, experience and skill requirements for the issuing of a certificate of validation for the various pilot licences and ratings are those prescribed in Document SA-CATS 61 for the equivalent South African licences or ratings. |
| (17) |
Where a practical flight test is required, such test must be undertaken in an aircraft of the category, class or type, appropriate to the pilot licence for which a certificate of validation is sought, or in a FSTD approved for the purpose. |
| (18) |
The holder of a certificate of validation must comply with all the applicable provisions of these Regulations. |
| (19) |
Before the privileges of an additional rating may be exercised in terms of the certificate of validation, such additional privileges must have been endorsed on the foreign pilot licence by the appropriate foreign authority. |
| (20) |
The period of validity of a certificate of validation issued for the purposes of a lease agreement in terms of Part 48, shall be the duration of the lease agreement. |
| (21) |
A certificate of validation shall become invalid as soon as the corresponding foreign licence or rating/s has or have been suspended or revoked by the issuing authority. |
| (22) |
Except when issued for the purpose referred to in subregulation (7), a certificate of validation for commercial purposes may only be reissued once, at the discretion of the Director and only in exceptional cases, on condition that the applicant provides sufficient proof that he or she has complied with all requirements of the country of issue of the foreign licence or rating in respect of maintenance of competency. |
| (23) |
In order to meet short-term operational requirements, the Director may, in exceptional cases, exempt the applicant from all or some of the requirements of this Part, subject to conditions set by him or her in each particular case. |
Conversion of a foreign pilot licence and ratings
| (24) |
A holder of a valid pilot licence and rating issued by an appropriate authority of a Contracting State may apply for the conversion of his or her licence and or rating. |
Regulation 61.01.13(24) substituted by regulation 7(e) of Notice No. R. 1349, GG 40376, dated 28 October 2016 (Fourteenth Amendment of the Civil Aviation Regulations, 2016)]
| (25) |
The application for the issuing of a South African pilot licence or any rating on the strength of a foreign pilot licence or rating must be made in the prescribed form and the applicant must meet all the requirements laid down in subregulation (26). |
| (26) |
Notwithstanding subregulations (24) and (25), an applicant applying for the conversion of his or her foreign pilot licence must attach to his or her application the following documentation— |
| (a) |
a letter of motivation for conversion of the licence; |
| (b) |
an up-to-date Curriculum Vitae— |
| (i) |
the last 12 months' summary; |
| (ii) |
endorsements of all class or type ratings;and |
| (iii) |
endorsements of the last revalidation of his or her licence, class or type and instrument flight ratings; |
| (d) |
his or her licence; and |
| (e) |
a valid South African medical certificate, as applicable. |
| (27) |
All new applicants for the conversion of a licence shall be required to pass the theoretical examination conducted by the Authority at the appropriate level as prescribed below— |
[Words preceding regulation 61.01.13(27)(a) substituted by regulation 8 of Notice No. R. 532, GG 36712, dated 30 July 2013 (First Amendment of the Civil Aviation Regulations, 2013)]
| (iii) |
Flight Performance and Planning. |
| (b) |
PPL with Instrument Rating— |
| (i) |
Air Law and Procedures |
| (iii) |
Flight Performance and Planning. |
| (iii) |
Flight Performance and Planning. |
| (d) |
CPL with Instrument Rating (CPL/IR)— |
| (i) |
Air Law and Procedures |
| (iii) |
Flight Performance and Planning. |
| (i) |
Air Law and Procedures |
| (iii) |
Flight Performance and Planning. |
| (iii) |
flight Performance and Planning (H). |
[Regulation 61.01.13(27)(f) inserted by regulation 8 of Notice No. R. 532, GG 36712, dated 30 July 2013 (First Amendment of the Civil Aviation Regulations, 2013)]
Training for the conversion of a licence, rating or validation
| (28) |
The applicant shall be required to attend training at an approved Part 141 ATO and receive tuition at the discretion of the Chief Flying Instructor (CFI) with respect to differences in South African airspaces, flight performance and planning and typical Southern Africa weather patterns. The CFI shall issue a letter of recommendation to the applicant to gain entry to the Authority on-line examinations. |
Skills tests for the conversion of a licence, rating or validation
| (29) |
The applicant for the conversion of a licence shall be required to undergo a skills test which in the case of a PPL (VFR) may be conducted by the holder of a Grade I or II flight instructor rating who has been designated for the purpose by the CFI of the Part 141 approved ATO or a DFE, and in all other cases must be conducted by a DFE as shown below— |
| (a) |
PPL (PPL/VFR)-skills test as for an initial issue; |
| (b) |
PPL with Instrument Rating (PPL/IR)-skills test for revalidation of an instrument rating; |
| (c) |
CPL (CPL/VFR)-skills test as for an initial issue; |
| (d) |
CPL with Instrument Rating (CPL/IR)-skills test for revalidation of an instrument rating. |
| (e) |
ATPL-skills test for revalidation of an instrument rating. |
Conversion of foreign instructor rating
| (30) |
A foreign instructor rating may be converted to a Grade Ill Flight Instructor Rating upon compliance with regulation 61.12.1(1)(a), (c) and (f) or 61.15.1(1)(a), (c) and (f), as appropriate. |
Administration of Estates Act, 1965
