| (1) | An application for the issuance or amendment of an air operator certificate (AOC) or operations specifications shall be made to the Director in the form and manner prescribed in Document SA-CATS-OPS-128 and shall be accompanied by the appropriate fee prescribed in Part 187. |
| (2) | Each application made in terms of subregulation (1) shall demonstrate that the applicant— |
| (a) | has adequate equipment, facilities and personnel to operate the proposed commercial air transport or general aviation operation; |
| (b) | has an approved organizational management structure and an operational control system capable of providing supervision of its personnel and operations; |
| (c) | has published in its approved operations manual a system of policies and procedures governing all the activities being proposed; |
| (d) | has an approved safety management system appropriate to the operation in place; |
| (e) | complies with the maintenance requirements specified in this Part; and |
| (f) | is able to conduct the aerial work operation in a safe and proper manner and in full compliance with all applicable rules and regulations. |
| (3) | The holder of an AOC may add to its AOC a helicopter registered on another AOC: Provided— |
| (a) | the helicopter is not registered on more than three AOCs; |
| (b) | the helicopter is maintained by only one aircraft maintenance organisation (AMO); |
| (c) | the manual of procedures or maintenance control manual, as applicable, for all operators and the operations specifications for each operator, specify by helicopter registration number the AMO responsible for the maintenance of each shared helicopter, |
| (d) | the helicopter flight folio used is the same for all operators, such that there is but one continuous record of the helicopter's activities, and the flight crew members are trained in the procedures for completion of the flight folio; |
| (e) | there is only one method with respect to the entry, reporting and rectification of defect procedures and the flight crew members are trained in those procedures; |
| (f) | the flight crew members use the minimum equipment list (MEL) approved for the helicopter and are trained in the MEL procedures for that particular helicopter, if applicable, and the operations manual specifies the procedures the flight crew are to follow in the event contact with maintenance personnel is needed; and |
| (g) | the flight crew members receive ground and flight training covering any differences between the model(s) operated by the operator and that being added to the AOC, including at least— |
| (i) | safety equipment contained on board; |
| (ii) | ancillary equipment such as navigational aids, auto flight system, flight director /flight management system (FMS), airborne collision avoidance system (ACAS), terrain awareness and warning system (TAWS), weather radar, etc.; and |
| (iii) | systems differences, engine/airframe limitations, performance considerations and operating characteristics, |
and the results of such training are recorded on the flight crew member's training file.
| (4) | The submission of an application under this Subpart does not place any obligation upon the Director to issue an AOC or operations specifications until he or she has been given reasonable time to review the application and the application has been adjudicated in terms of regulation 128.06.3. |
| (5) | A management structure referred to in subregulation (2)(b) applicable to the type of operational control system, shall comprise of the following positions, which shall be approved by the Director— |
| (a) | Chief Executive Officer; |
| (b) | person responsible for flight operation; |
| (c) | person responsible for aircraft; and |
[Regulation 128.06.2(5) substituted by regulation 34(d) of Notice No. R.1503, GG45491, dated 15 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]
| (6) | The nominated post-holders required by subregulation (5) shall meet the qualifications, and be responsible for the functions, specified in Document SA-CATS 128 and shall be in his or her full-time employed. For the purposes of this subregulation "full time employed" shall mean having spent sufficient time in the workplace to accomplish all duties within his or her area of responsibility. |
| (7) | As of the effective date of operation of this Part, all nominated or incumbent post-holders in the positions listed in subregulation (5) shall be deemed to meet the qualifications required by Document SA-CATS-128: Provided that— |
| (a) | for a nominated post-holder, such person is satisfactory to the Director; |
| (b) | for an incumbent, that incumbent has discharged his or her responsibilities to the satisfaction of the Director; and |
| (c) | for a nominated or incumbent post-holder, such person meets the qualifications specified in Document SA-CATS-128 by 1 July 2013. |
| (8) | When, after consideration of the scope and size of an operator, the Director is of the opinion that it would be appropriate, he or she may approve the assignment of more than one position to one person or approve different positions. |
| (9) | No person who has been approved for one or more management positions in terms of paragraphs (5)(a) to (d) will be considered for one of such management positions at another operator. |
| (10) | Notwithstanding any management position approval issued by the Director, where any manager no longer meets the qualifications required for that position or fails to discharge the responsibilities of that position, the Director may withdraw such approval. |
| (11) | The Director may amend any AOC if— |
| (a) | he or she determines that safety in aerial work operation and the public interest requires the amendment; or |
| (b) | the holder of the AOC applies for an amendment, and the Director determines that safety in aerial work operation and the public interest requires such amendment. |
| (12) | If the Director stipulates in writing that an emergency exists requiring immediate amendment in the public interest with respect to safety in aerial work operation, such an amendment becomes effective on the date the holder of an AOC receives such notice. |
| (13) | A holder of an AOC may make representations to the Director against the amendment contemplated in subregulations (11)(a) or (12), but shall continue to operate in accordance with such amendment, unless it is subsequently varied or withdrawn. |
| (14) | Amendments approved by the Director, other than emergency amendments referred to in subregulation (12), become effective 30 days after notice to the holder of an AOC, unless the holder of the AOC makes representations against such proposal as contemplated in subregulation (13) prior to the effective date. |
| (15) | Amendments proposed by the holder of an AOC shall be made at least 30 days prior to the intended date of any operation under the proposed amendment. |
| (16) | No person may perform a commercial air transport or general aviation operation for which an AOC amendment is required, unless that person has received notice of the approval from the Director. |
