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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 93 : Corporate Aviation Operations and High Performance Aircraft

Subpart 6 : Corporate Aviation Operator Certificate

93.06.3 Application for issuance or amendment of CAOC and operations specifications

 

(1) An application for issuance or amendment of CAOC or OpSpec shall be made to the Director in the form and manner prescribed in Document SA-CATS 93 and shall be accompanied by appropriate fee as prescribed.

 

(2) An application referred to in subregulation (1) shall demonstrate that an applicant has adequate equipment, facilities and personnel to conduct a proposed operation in a safe and proper manner and in full compliance will applicable legislation.

 

(3) Where a CAO is not a registered owner of an aircraft to be used for operation under this Part, an application referred to in subregulation (1) shall be accompanied by a written agreement between a registered owner of an aircraft and a CAO in respect of the use of that aircraft.

 

(4) A holder of a CAOC may add to its OpSpec an aircraft registered on another AOC: Provided that—
(a) an aircraft is not registered on more than three operating certificates:
(b) an aircraft is maintained by only one AMO;
(c) a manual of procedures or maintenance control manual, as applicable, for all operators and OpSpec for each operator, specifying an AMO responsible for maintenance of each shared aircraft, by aircraft registration number;
(d) all operators use same aircraft flight folio such that there is one continuous record of aircraft's activities, and flight crew members are trained in the procedures for completion of flight folio;
(e) there is same procedure for entry, reporting and rectification of defect and flight crew members are trained in such procedure;
(f) where applicable, the flight crew members shall use a MEL approved for the aircraft and shall be trained in MEL procedures for that particular aircraft. The operations manual shall specify the procedures to be followed by the flight crew in the event the maintenance personnel is required; and
(g) each flight crew member's training file has records of ground and flight training covering any differences between model(s) operated by all operators concerned, including at least—
(i) safety equipment contained on board;
(ii) ancillary equipment such as navigational aids, auto flight system, flight director or FMS, ACAS, TAWS, weather radar; and
(iii) systems differences, engine or airframe limitations, performance considerations and operating characteristics.

 

(5) Personnel referred to in subregulation (2) shall be approved by the Director and shall include the following:
(a) accountable manager:
(b) person responsible for flight operations:
(c) person responsible for aircraft;
(d) safety manager: and
(e) quality manager.

 

(6) The Director may, after consideration of a scope and size of an operation concerned, approve assignment of more than one position to one person or approve different positions.

 

(7) The Director may only approve a nominated post-holder required by subregulation (5) if a nominee meets the qualifications and requirements prescribed in Document SA-CATS 93: Provided that the Director may accept a deviation from the qualification requirements on the basis of scope and size of an operation concerned.

 

(8) Notwithstanding any provision of the regulations, the Director may withdraw an approval if a post-holder no longer meets the requirements of such approval or fails to discharge responsibilities of that position.

 

(9) The Director may amend a CAOC if he or she is satisfied that it is in the public interest and the interest of aviation safety.

 

(10) An amendment referred to in subregulation (9) becomes effective on a date determined by the Director or, in the case of emergency requiring immediate amendment, immediately upon receipt of a written notice to that effect.

 

(11) Any person affected by an amendment referred to in subregulation (10) may make representation to the Director concerning such amendment: Provided that a CAO shall operate in accordance with such amendment until it is varied or set aside.

 

(12) A holder of CAOC may request amendment to CAOC or associated OpSpec at least 30 days prior to anticipated operation in accordance with such amendment.

 

(13) A person may not perform a corporate aviation operation for which a CAOC amendment is required until such amendment has been approved by the Director.