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

Chapter 15 : Technical Standards

163. Technical standards for civil aviation

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(1)
(a)The Director may issue technical standards for civil aviation on such matters as may be prescribed by regulation.
(b)The manner in which any technical standard for civil aviation must be issued, amended or withdrawn, and the procedure to be followed in respect of any such issue, amendment or withdrawal, must be as prescribed by regulation.

 

(2)The Director may incorporate into a technical standard any international aviation standard or any amendment, without stating the text of such standard or amendment, by mere reference to the title, number and year of issue of such standard or amendment or to any other particulars by which such standard or amendment is sufficiently identified.

 

(3)An officer in the Department designated by the Director for that purpose must keep in his or her office a copy of the complete text of each international aviation standard or each amendment thereof which has been incorporated into any technical standard in accordance with subsection (2), and must at the request in writing of any interested person make such copy available free of charge to such person for inspection or for making a copy, at such person's expense, at a place approved by the said officer.

 

(4)Whenever in any judicial proceedings the question arises whether any writing contains the text of any international aviation standard or any amendment thereof which has been incorporated into any technical standard in accordance with subsection (2), any document purporting to be a statement by a person who in that statement alleges that he or she is a person in the service of the Authority and that a particular writing described in or attached to the statement contains the said text is, on its mere production at those proceedings by any person, proof of the facts stated therein.

 

(5)For the purposes of this section, 'international aviation standard' means—
(a)any international standard or recommended practice or procedure adopted by the International Civil Aviation Organization for the purposes of Article 37 of the Convention;
(b)any standard, rule or requirement prescribed by the law of any other Contracting State of the International Civil Aviation Organization; or
(c)any other technical standard which is contained in a document which in the opinion of the Director is too voluminous to be published in the normal manner.