| (1) |
The owner or operator of an aircraft shall ensure that an ATS flight plan is completed if required in terms of subregulation (4). |
| (2) |
The items to be contained in the ATS flight plan shall be as prescribed Document SA-CATS 91. |
| (3) |
The ATS flight plan shall be filed with the appropriate ATSU unless other arrangements have been made for submission of repetitive flight plans and such unit shall be responsible for transmitting such ATS flight plan to all ATSUs concerned with the flight. |
| (4) |
The ATS flight plan shall be filed in respect of— |
| (a) |
all flights to be conducted in controlled or advisory airspace: Provided that this requirement shall not apply in respect of— |
| (ii) |
a flight crossing an airway or advisory routes at right angles; or |
| (iii) |
a VFR flight entering or departing from an aerodrome traffic zone or control zone, from or to an unmanned aerodrome and where no other controlled or advisory airspace will be entered during the flight; |
| (b) |
an international flight; |
| (c) |
all flights undertaken in terms of a Class I or Class II licence issued in terms of the Air Services Licensing Act, No. 115 of 1990 or the International Air Services Act, No. 60 of 1993; |
| (d) |
any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate the provision of flight information, alerting and search and rescue services; and |
| (e) |
any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate coordination with appropriate military units or with ATSUs in adjacent States in order to avoid the possible need for interception for the purpose of identification. |
| (5) |
An ATSU may instruct a flight for which an ATS flight plan is required in terms of subregulation (4) and for which an ATS flight plan has not been filed, to clear or to remain clear of controlled airspace, and not to cross the border of the Republic or to enter its airspace until such time as the required ATS flight plan has been filed. |
| (6) |
Unless otherwise authorized by the responsible ATSU, an ATS flight plan for a flight to be conducted in controlled or advisory airspace, shall be filed— |
| (a) |
for domestic flights, at least 30 minutes before departure; |
| (b) |
for international flights, at least 60 minutes before departure; or |
| (c) |
if filed during flight while outside controlled or advisory airspace for a flight to be conducted in such airspace, it shall be filed with the responsible ATSU at least 10 minutes before the aircraft is estimated to reach the intended point of entry into the controlled or advisory airspace or the point of crossing the airway or advisory route. |
| (7) |
The PIC of an aircraft operating an IFR or controlled VFR flight shall ensure that all changes which become applicable to an ATS flight plan before departure or in flight are reported, as soon as practicable, to the responsible ATSU. For other VFR flights, changes regarding fuel endurance or total number of persons carried on board shall, as a minimum, be reported. |
| (8) |
If an ATS flight plan has been filed with an ATSU prior to departure, and is not activated with an ATSU within one hour of original estimated time of departure or amended estimated time of departure, the ATS flight plan shall be regarded as cancelled and a new ATS flight plan shall be filed. |
| (9) |
Where an ATSU is not in operation at the aerodrome of intended landing, a report of arrival as prescribed in Document SA-CATS 91 shall be submitted to an ATSU, by the quickest means of communication available, immediately after landing, in respect of a flight for which an ATS flight plan was submitted and not as yet closed or for which search and rescue notification was requested and designated with a particular ATSU. |
| (10) |
When communication facilities at the arrival aerodrome are inadequate and alternate arrangements for the handling of arrival reports on the ground are not available, the PIC shall, prior to landing the aircraft or immediately thereafter, if practicable, transmit to the appropriate ATSU, a message comparable to an arrival report, in respect of a flight for which an ATS flight plan was submitted and not as yet closed or for which a search and rescue notification was requested with a nominated ATSU. |
| (11) |
Subject to the provisions of subregulation (12), the PIC shall ensure that the aircraft adheres to the current ATS flight plan filed for a controlled flight, unless a request for a change has been made and accepted by the ATSU responsible for the controlled airspace in which the aircraft is operating, or unless an emergency situation arises which necessitates immediate action, in which event the responsible ATSU shall, as soon as circumstances permit, be notified of the action taken and that such action was taken under emergency authority. |
| (12) |
In the event of a controlled flight inadvertently deviating from its current ATS flight plan, a PIC shall— |
| (a) |
if an aircraft is off track, adjust the heading of an aircraft to regain track as soon as practicable; |
| (b) |
if an aircraft deviates from an ATC clearance with an assigned Mach number or indicated airspeed, inform an appropriate ATSU immediately; |
| (c) |
if an aircraft deviates from an assigned Mach number by approximately Mach 0.02 or from true airspeed by approximately 10 kt, inform an appropriate ATSU; |
| (d) |
except where ADS-C is activated, serviceable and usable, notify an appropriate ATSU as soon as possible if the time estimate for the next applicable reporting point, FIR boundary or destination aerodrome, whichever comes first changes in excess of two minutes, or such other period of time as is prescribed by an appropriate ATS provider; and |
| (e) |
if an aircraft deviates from its altitude, take action to correct such altitude deviation. |
[Regulation 91.03.4(12) substituted by regulation 11(a) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
| (13) |
When an automatic dependent surveillance (ADS) agreement is in place, the ATSU shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS event contract. |
| (14) |
If prior to departure it is anticipated that, subject to a reclearance in flight, a decision may be taken to proceed to a revised destination aerodrome, the appropriate ATSUs shall be so notified by the insertion in the flight plan of information concerning the revised route, where known, and the revised destination. The revised destination shall be subject to the fuel and oil provisions of regulation 91.07.12. |
Administration of Estates Act, 1965
