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

Regulations

Civil Aviation Regulations, 2011

Part 94 : Operation of Non-Type Certificated Aircraft

Subpart 5 : Rules of the Air

94.05.1 Conditions for flight

 

(1) Unless granted permission by the Director or the organisation designated for the purpose in terms of Part 149, as the case may be, on a case-by-case basis, a non-type certificated aircraft may not be flown—
(a) by night;
(b) in meteorological conditions less than those prescribed as suitable for flight under VFR;
(c) within controlled airspace, unless cleared by and on conditions prescribed by ATC; or
(d) within 5 NM from the aerodrome reference point of an aerodrome, licensed or approved in terms of Part 139 of these regulations and situated in Class G airspace, unless established unmanned aerodrome procedures for the particular aerodrome can be adhered to; or
(e) unless unavoidable, over built up areas and open-air assemblies of persons except for the purpose of take-off, transit and landing.

 

(2) Notwithstanding the provisions of subregulation (1) a non-type certificated aircraft may operate under IFR conditions by day if it has been  granted permission in terms of Regulation 24.02.3(3) of these Regulations.

 

(3) Notwithstanding the provisions of subregulation (1)(e), a paraglider, hanglider, and powered versions thereof, may fly over built-up areas provided they are foot-launched.

[Regulation 94.05.1(3) substituted by regulation 23(c) of Notice No. R.1503, GG45491, dated 15 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]