Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 128 : Helicopter Aerial Work and Certain Other Air Service OperationsSubpart 6 : Operating Certificate128.06.6 Suspension and cancellation of air operator certificate and appeal |
| (1) | The Director may suspend either in whole or in part, for a period not exceeding 30 days, an air operator certificate (AOC) issued under this subpart, if— |
| (a) | after a safety and/or security inspection or audit carried out in terms of regulation 128.06.5, it is evident that the holder of the AOC does not comply with the requirements prescribed in this Part, and such holder fails to remedy such non-compliance within the period of time specified in the inspection or audit finding form after receiving notice in writing from the authorised officer, inspector or authorised person to do so; or |
| (b) | the authorised officer, inspector or authorised person is prevented by the holder of the air operator certificate to carry out a safety and/or security inspection and audit in terms of regulation 128.06.5; or |
| (c) | the suspension is necessary in the interests of aviation safety and/or security. |
| (2) | Any person who, acting on behalf of the Director, has suspended an AOC or other document in terms of subregulation (1) shall deliver a report in writing to the Director, stating the reasons why, in his or her opinion, the suspended AOC should be cancelled. |
| (3) | The representative of the Director concerned shall submit a copy of the report, referred to in subregulation (2), to the holder of the AOC which has been suspended, and shall furnish proof of such submission for the information of the Director. |
| (4) | The holder of an AOC who feels aggrieved by the suspension of the AOC may appeal against such suspension to the Minister, within 30 days after such holder becomes aware of such suspension. |
| (5) | An appellant shall deliver an appeal in writing, stating the reasons why, in his or her opinion, the suspension should be varied or set aside. |
| (6) | The appellant shall submit a copy of the appeal and any documents or records supporting such appeal to the representative of the Director concerned and shall furnish proof of such submission for the information of the Minister. |
| (7) | The representative of the Director concerned shall, within 30 days of receipt of the copy of the appeal referred to in subregulation (6), deliver to the Minister his or her written reply to such appeal together with all of the information submitted to the Director in terms of subregulations (2) and (3). |
| (8) | The Minister may— |
| (a) | adjudicate the appeal on the basis of the documents submitted to him or her; or |
| (b) | order the appellant and the representative of the Director concerned to appear before him or her either in person or through a representative, at a time and place determined by him or her, to give evidence. |
| (9) | The Minister may confirm, vary or set aside the suspension referred to in subregulation (1) (10) The Minister must cancel the AOC concerned if— |
| (a) | he or she confirms the suspension in terms of subregulation (9); or |
| (b) | the AOC is suspended in terms of subregulation (1) and the holder thereof does not appeal against such suspension in terms of subregulation (4). |
| (11) | Should the holder of the AOC not appeal against the suspension as provided for in subregulation (4) the Director shall cancel the AOC. |