Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 14 : RegulationsPart 1155. Regulations |
| (1) | The Minister may make regulations regarding— |
| (a) | the carrying out of, or the giving effect to this Act, the Convention and Transit Agreement; |
| (b) | the powers or the duties of the Director, including the issue, the amendment or the withdrawal of technical standards for civil aviation, and the determination of the matters in respect of which such standards may be issued; |
| (c) | the qualifications, the powers or the duties of authorised officers, inspectors and authorised persons; |
| (d) | the designation of medical examiners for the purposes of this Act, including— |
| (i) | the manner in which, and the person by whom, such designation may take place; |
| (ii) | the suspension or the withdrawal of such designation; |
| (iii) | the conditions, the requirements or the qualifications for such designation; and |
| (iv) | the certificates issued by the said examiners and the conditions or the requirements for such issue; |
| (e) | the designation of one or more bodies or institutions for the purposes of this Act— |
| (i) | to exercise control over medical examinations and tests and to exercise control over the persons performing such examinations or tests; |
| (ii) | to determine standards for such examinations and tests and to determine standards for the training of such persons; |
| (iii) | to issue, amend, suspend or withdraw medical certificates and to keep all books or documents regarding such examinations or tests; |
| (iv) | to advise the Director on any matter connected with such examinations, tests or persons and on the training of the persons specified in the regulations and any other medical matters as the Director may require; and |
| (v) | in the absence of such designation such duties to be the responsibility of the Director or any authorised officer designated as such by the Director. |
| (f) | the designation of one or more bodies or institutions for the purposes of this Act— |
| (i) | to exercise control over the training courses specified in the regulations, over the tests or the verifications of skill or proficiency specified in the regulations, and over the persons conducting such courses, tests or verifications; |
| (ii) | to determine standards for such courses, tests or verifications and for the training of such persons; |
| (iii) | to issue or confirm certificates for the successful completion of such courses, tests or verifications, to suspend or to withdraw such certificates, and to keep all books or documents regarding such courses, tests or verifications; and |
| (iv) | to advise the Director on any matter connected with such courses, tests, verifications or persons; |
| (g) | the designation of one or more bodies or institutions for the purposes of this Act— |
| (i) | to exercise control over the aviation recreational activities specified in the regulations; |
| (ii) | to determine standards for the airworthiness or the operation of aircraft engaged in aviation recreational activities; and |
| (iii) | to advise the Director on any matter connected with the airworthiness or the operation of aircraft engaged in aviation recreational activities and on the licensing of persons involved in aviation recreational activities; |
| (h) | the designation of one or more bodies or institutions for the purposes of this Act— |
| (i) | to promote aviation safety or to reduce the risk of aircraft accidents or aircraft incidents; and |
| (ii) | to advise the Director on any matter connected with the promotion of aviation safety or the reduction of the risk of aircraft accidents or aircraft incidents; |
| (i) | the reporting or the investigation of aircraft accidents or incidents, including— |
| (i) | the persons by whom or to whom such accidents or incidents must be reported; |
| (ii) | the procedure to be followed in reporting such accidents or incidents or in investigating such accidents or incidents; |
| (iii) | the imposition of a prohibition, pending investigation, of access to or interference with any aircraft involved in an accident or an incident and the granting of authorisation to one or more persons, in so far as it may be necessary for the purposes of the investigation, to have access to such aircraft, to examine or to remove such aircraft, to take steps for its preservation or to deal with it otherwise; and |
| (iv) | the investigation of any other accident or incident reported in respect of the provision of any air traffic service; |
| (j) | the exercising of control over the conveyance in aircraft of dangerous goods specified or defined in the regulations, including— |
| (i) | the imposition of a prohibition of the conveyance of such goods; and |
| (ii) | the issue of licences or certificates to persons specified in the regulations and engaged in the consigning or acceptance of such goods; |
| (k) | the requirements to be complied with or the steps to be taken in connection with the conveyance in aircraft of any animal as defined in section 1 of the Animals Protection Act, 1962 (Act No. 71 of 1962), or any fish as defined in section 1 of the Marine Living Resources Act 1998 (Act No. 18 of 1998); |
| (l) | the delimitation, the designation or the restriction of airspace, including— |
| (i) | the designation of airspace for the purposes specified in the regulations; |
| (ii) | the restriction or the prohibition of aircraft from flying within any airspace specified in the regulations; |
| (iii) | the conditions under which, the airspace within which or the aerodromes at which aircraft coming from any place outside the Republic lands and the conditions under which, the airspace within which or the aerodromes from which aircraft departs to any place outside the Republic; and |
| (iv) | the provision of measures to prevent aircraft from flying within any airspace in contravention of any such restriction or prohibition or from entering or leaving the Republic in contravention of this Act; |
| (m) | the provision of general operating rules, flight rules and air traffic rules in respect of civil aviation, including— |
| (i) | the terminology, including definitions, abbreviations and units of measurement to be used in air and ground operations; |
| (ii) | the identification, the classification or the registration of aircraft; |
| (iii) | the identification, the licensing or the certification of persons engaged in any civil aviation activity; |
| (iv) | the prevention of nuisances arising from air navigation, aircraft factories, aerodromes or other aircraft establishments, including the prevention of nuisance due to noise or vibration originating from the operation of machinery in aircraft on or above aerodromes, whether by the installation in aircraft or on aerodromes of means for the prevention of such noise or vibration or otherwise; |
| (v) | the approval or, where appropriate, the design of letdown and missed approach procedures; |
| (vi) | the safety or the security of persons and property, including the conditions under which any aircraft must be operated, the conditions under which any act may be performed in or from an aircraft and the maximum hours of duty of flight crew, cabin crew or air traffic service personnel for the purposes of aviation safety; |
| (vii) | the signals or other communications which may or must be conveyed by or to any aircraft, or any person therein, and the acknowledgement of, or the compliance with, such signals or communications; |
| (viii) | the coordination of frequency allocations in bands of the radio spectrum allocated for civil aviation use; |
| (ix) | the determination of standards for the maintenance of any air navigation infrastructure; |
| (x) | the flight inspection of any such air navigation infrastructure; |
| (xi) | the classification of airports as schedules facilitated or coordinated airports, including the determination, implementation, monitoring and enforcement of slot coordination rules at coordinated airports; |
| (xii) | the determination of any special slot coordination rules or requirements necessary during special events or in preparation for such special events hosted in the Republic; and |
| (xiii) | the appointment of slot coordinator and slot coordination committee and requirements for such appointment; |
| (n) | the use, the registration, the licensing, the inspection or the management of aerodromes, including— |
| (i) | the prevention of interference with aerodromes and other civil aviation related facilities; |
| (ii) | the imposition of a prohibition or the regulation of the use of unlicensed aerodromes; |
| (iii) | the approval for the citing of any air navigation infrastructure which is not situated on an aerodrome; |
| (iv) | the certification of categories of operations at aerodromes; |
| (v) | the access to aerodromes or other places where aircraft have landed or the access to civil aircraft factories for the purposes of the inspection of the work carried on therein; |
| (vi) | the imposition of a prohibition or the regulation of the erection or the coming into existence of any obstruction exceeding the height specified in the regulations within the distance so specified from any aerodrome; |
| (vii) | the lighting and marking of obstructions which are situated at any aerodrome or within the distance specified in the regulations from any aerodrome, or which exceed the height so specified, or which, according to criteria so specified, constitute a danger to aircraft; |
| (viii) | the imposition of a prohibition of, or the exercising of control over, lights at or in the neighbourhood of any aerodrome; |
| (ix) | the registers, documents or the records to be kept at licensed aerodromes and the manner in which they must be kept; |
| (x) | the technical, operational, security, safety and environmental management and protection standards in respect of a company airport as defined in section 1 of the Airports Company Act, 1993 (Act No. 44 of 1993), and designated airports; and |
| (xi) | the identification, licensing and certification and the approval of persons engaged in any activity on an aerodrome of management or operational nature that has an impact on the safety of such activity, be it of a specific or a general nature. |
| (o) | the provision or the organisation of air traffic or navigation services, aviation meteorological, security or communication services and any other civil aviation related services, including the licensing or the certification of aircraft design, manufacturing or maintenance organisations or aviation training organisations and the designation of aviation meteorological organisations; |
| (p) | the determination of standards or specifications in respect of civil aircraft or aircraft components, persons engaged in any civil aviation activity and civil aviation related services, facilities or equipment, including— |
| (i) | for the purposes of ensuring the safe operation of aircraft, the imposition of a prohibition or the regulation of the use in aircraft or aircraft engines or parts, instruments, accessories or other materials which do not conform to the specifications or standards of quality or manufacture specified in the regulations; |
| (ii) | the requirements relating to the airworthiness, the design, the performance, the operation or the maintenance of aircraft, aircraft components or aircraft equipment and the specifications for materials used, or the standards or the processes which must be applied, in the construction of aircraft, aircraft components or aircraft equipment; and |
| (iii) | the determination of standards for the training, the grading, the licensing or the certification of persons engaged in any such activity; |
| (q) | the manner in which, or the conditions under which, any licence or certificate required by or under this Act, the Convention or Transit Agreement must be issued, renewed or confirmed, including— |
| (i) | the courses, the examinations, the inspections, the tests or the verifications which must be passed or measured up to; and |
| (ii) | the form, the custody, the production, the cancellation, the suspension, the endorsement or the surrender of any such licence or certificate; |
| (r) | the publication of aeronautical information; |
| (s) | the manuals, the registers, the records or the other documents to be kept for the purposes of this Act, the Convention or Transit Agreement and the manner in which they must be kept; |
| (t) | subject to subsection (2), the fees to be paid in respect of the matters specified in the regulations; |
| (u) | the exemption from any of the provisions of this Act, the Convention or Transit Agreement of any aircraft operated for experimental purposes, of any other aircraft or of any person in the circumstances or under the conditions specified in the regulations; |
| (v) | national aviation disaster plans and next-of-kin plans in the event of an aircraft accident; |
| (w) | the conditions of insurance in respect of third party liability, that aircraft owners shall insure for in relation to the category of aircraft; |
| (x) | the regulation, requirements, standards, time tables and procedures with regard to the managed approach to the phasing out of aircraft based on aviation safety and environmental considerations, as guided by the applicable International Conventions and Resolutions of the General Assembly of the International Civil Aviation Organization; |
| (y) | the calculation of aircraft noise contours and the monitoring of aircraft noise; |
| (z) | any fees that may be charged by the Civil Aviation Authority for the provisioning of services to— |
| (i) | participants in civil aviation; and |
| (ii) | aircraft passengers; |
| (aa) | the establishment, constitution and functions of a committee to advise the Minister and interested persons with regard to the security of civil aviation and the effective application of the provisions of this Act; |
| (bb) | the drawing up of plans with regard to measures which must be adopted in order to promote or ensure the security of civil aviation and the effective application of this Act (hereinafter in this subsection referred to as 'security plans'), the approval of security plans and the secrecy thereof; |
| (cc) | the designation of officers in the service of the State or persons in the service of the Civil Aviation Authority to apply the provisions of this Act or any security plan, and the other functions of such officers or persons; |
| (dd) | the designation, training, certification, qualifications and functions of persons charged with the application of security measures at particular airports and in respect of flights with aircraft; |
| (ee) | the administrative steps which must precede the designation by the Minister, in accordance with definition of 'designated airport', of any airport or heliport as a designated airport; |
| (ff) |
| (i) | the part of the expenses incurred in connection with the application of a security plan or of this Act which must be met by the State; and |
| (ii) | the duty of airport managements and air carriers to render available particular equipment at airports and to employ persons for the purposes of the application of the provisions of this Act or any security plan; |
| (gg) |
| (i) | fees for the reimbursement of expenses in relation to the provision of security services for aircraft or at airports, heliports or helistops; |
| (ii) | the prohibition or the control of the publication of incidents relating to security or affecting the safe and orderly operation of an air carrier, designated airport, airport or heliport or of an aircraft in flight, or of the publication of any particulars or information relating to any measures dealing with the security of an aircraft, designated airport, airport or heliport or air navigation facility, including particulars or information relating to any plan or program, staff, device or system, agreement or special procedure in connection with security; |
| (hh) | the serving and consumption of intoxicating liquor on aircraft, the responsibility of air carriers and the training and powers of crew members of aircraft in this regard, the manner in which beverage containers must be stored and handled and the admission to aircraft of persons who are under the influence of intoxicating liquor or drugs; |
| (ii) | cargo and cargo security; |
| (jj) | procedures to prevent the disruptive or unruly conduct of passengers; |
| (kk) | the designation of the authorities or entities responsible for the provision of aviation services; |
| (ll) | aircraft accident and incident notification procedures; |
| (mm) | the issuing of foreign and other operating certificates; |
| (nn) | the fees payable to the Civil Aviation Authority for the lodging of appeals in terms of Chapter 8; and |
| (oo) | generally, any matter which the Minister may consider necessary or expedient to prescribe in order that the objects of this Act or the Convention may be achieved and the generality of this paragraph must not be limited by the preceding paragraphs. |
| (2) | Different regulations may be made in respect of different air carriers, designated airports, airports, heliports or air navigation facilities, cargo, training and certification of screeners. |
| (3) | A regulation may provide for such incidental, supplementary or transitional matters as may be necessary. |
| (4) | Any regulation— |
| (a) | only comes into operation on publication in the Gazette; and |
| (b) | must be tabled in Parliament by the Minister within 14 days of publication in terms of paragraph (a) or, if Parliament is not then in session, at the commencement of its next ensuing session. |
| (5) | A regulation relating to a financial matter may only be made after consultation with the Minister of Finance. |
| (6) | Any regulation made under this section may prescribe different categories of offences and penalties for the contravention thereof or failure to comply therewith or with any provision of any security plan approved by the Minister, the mode of enforcing such penalties, the imposition of different penalties in case of a second or subsequent contravention or non-compliance, but no such penalty must exceed the penalties mentioned in section 133. |
| (7) | Any regulation made under this section may prescribe the amount payable upon the failure of any person to pay an administrative penalty in terms of section 144 for every day during which such failure continues. |