| (1) |
If there is reasonable suspicion that the holder of a medical certificate is abusing substances, and thereby poses a risk to aviation safety, the medical assessor designated in terms of regulation 67.00.1(2) may require such holder to undergo substance abuse testing, which shall be done as prescribed in Document SA-CATS 67. |
| (2) |
Reasonable suspicion may be as a result of but not limited to: |
| (a) |
observation of physical symptoms; |
| (b) |
Physical-, behavioural-, performance indicators; |
| (c) |
Direct observation of substance use; |
| (d) |
A pattern of abnonnal conduct/erratic behaviour; |
| (e) |
Arrest or conviction for a drug related offence; or |
| (f) |
Being the target of a criminal investigation for such an offence; |
| (g) |
Evidence of tampering with previous substance test specimen; |
| (3) |
The holder of a medical certificate must submit themselves within 48 hours of being required to do so, for preliminary substance abuse testing to a Collection Officer appointed by the Director, or to a DAME at the holder's expense, as prescribed in Document SA-CATS 67. |
| (4) |
A holder of a medical certificate who has undergone preliminary testing must be informed of the results within three days of receipt thereof. |
| (5) |
The medical assessor referred to in subregulation (1) may suspend the medical certificate of a person who has received a non-negative result and such person must be subjected to further confirmatory testing. |
[Regulation 67.00.13(5) substituted by regulation 33(b) of Notice No. R. 532, GG 36712, dated 30 July 2013 (First Amendment of the Civil Aviation Regulations, 2013)]
| (6) |
The holder of a medical certificate who has received a negative result must be refunded of medical expenses incurred for collection and analysis of specimen in respect of the substance abuse testing. |
| (7) |
The holder of a medical certificate who submits himself or herself after 48 hours of being required to do so is required to undergo confirmatory testing, as prescribed in the SA-CATS 67. |
| (8) |
The medical assessor designated in terms of regulation 67.00.1(2) shall suspend, the medical certificate of a person who refuses to submit himself or herself to a substance abuse testing after being required to do so. |
[Regulation 67.00.13(8) substituted by regulation 33(b) of Notice No. R. 532, GG 36712, dated 30 July 2013 (First Amendment of the Civil Aviation Regulations, 2013)]
| (9) |
The holder of a medical certificate whose medical certificate is suspended in terms of subregulation (5) or (8) may appeal to the Director against the suspension within 14 days from the date of the suspension. |
| (10) |
The provisions of regulation 185.00.6 apply, with the necessary changes, to an appeal lodged in terms of subregulation (9). |
| (11) |
The site and specimen collection, packaging, transport and lab analysis must be done as prescribed in Document SA-CATS 67. |
Administration of Estates Act, 1965
