Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 121 : Air Transport Operations - Carriage on Aeroplanes of more than 19 Passengers or CargoSubpart 7 : Flight OperationsDivision Two : Dispatch and flight release rules121.07.13 Operational control and supervision of flight operations |
| (1) | An air service operator shall establish and maintain an OCS that— |
| (a) | meets the requirements prescribed in Document SA-CATS 121; and |
| (b) | is approved by the Director. |
| (2) | The Director may approve the use of a variation of the operational control systems described in Document SA-CATS 121 provided an equivalent level of operational control and supervision is demonstrated. |
| (3) | No operator shall dispatch a flight unless a flight release has been issued for the flight. The flight release procedures shall meet the requirements specified in Document SA-CATS 121 and be acceptable to the Director as appropriate to the type of operation. |
| (4) | Where a flight release has been issued with respect to a flight and not withdrawn prior to the take-off, the PIC has the final authority as to the commencement, continuation, diversion or termination of that flight. |
| (5) | Where a flight release has been issued with respect to a flight, it shall remain in force for the duration of the flight, from the originating point to the final destination, including en route stops, except where— |
| (a) | the aeroplane has been delayed or otherwise detained at the originating point or any en route station stop for a period of more than 4 hours; |
| (b) | any flight crew member has been changed from the original crew; |
| (c) | any crew member has exceeded his or her maximum flight duty time, necessitating an extension to such duty period; |
| (d) | the aeroplane has been involved in an incident or occurrence or has otherwise encountered a malfunction which may have altered the status of the maintenance release; |
| (e) | due to operational requirements, the aeroplane was forced to divert to an alternate or other airport, not included in the planned itinerary; or |
| (f) | in the opinion of the PIC or flight operations officer (FOO), if applicable, there has been significant change in the operational weather or other conditions upon which the flight release was issued, thereby rendering it invalid. In such situations the flight release may be withdrawn by either the PIC or the FOO. |
| (6) | The operator shall ensure that the OCS includes a means of following the progress of each flight as specified in Document SA-CATS 121 and that the communication equipment and facilities required for the flight watch or flight following system used are in place and serviceable during the period of time any of its flights is in progress. |
| (7) | For operations involving co-authority dispatch, the operator shall develop a conflict resolution policy that ensures that any disagreement that occurs between the PIC and a FOO with respect to the conduct of a proposed flight is resolved prior to flight. |
| (8) | The conflict resolution policy specified in subregulation (7) shall require a course of action that would provide the greatest margin of safety. |
| (9) | The operator shall publish in the operations manual referred to regulation 121.04.2— |
| (a) | the details of its OCS, including the titles and functions of those persons authorized to exercise operational control over a flight; |
| (b) | the policies and procedures associated with the type or types of OCS it intends to use in preparing for, releasing and monitoring its flights as well as the emergency procedures to be followed; and |
| (c) | the conflict resolution policy in full detail. |