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

Regulations

Civil Aviation Regulations, 2011

Part 136 : Air Transport Operations - Commercial Operation of Free Balloons

Subpart 1 : General

136.01.4 Wet lease-in of free balloons
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(1)An operator who intends to wet lease-in a foreign registered free balloon for commercial air transport purposes shall, subject to such conditions as the Director may determine, obtain prior approval from the Director to operate such balloon.

 

(2)The duration of the lease agreement concerned shall be limited to a maximum period of six calendar months in one year.

 

(3)The approval referred to in subregulation (1) shall, be granted if such balloon—
(a)is wet leased-in from an operator who is the holder of an operating certificate or similar document issued by an appropriate authority;
(b)has been type certificated by the appropriate authority;
(c)holds a valid certificate of airworthiness or similar document issued by such appropriate authority;
(d)is maintained and operated in accordance with safety standards at least equivalent to the safety standards referred to in this Part; and
(e)will be operated in terms of the operating certificate or similar document held by the operator referred to in paragraph (a).

 

(4)The operator referred to in subregulation (1) shall—
(a)satisfy the Director that the safety standards of the lessor are not less than the safety standards referred to in this Part; and
(b)ensure that any law applicable to the balloon to be wet leased-in, the maintenance or operation thereof, is complied with.

 

(5)The total number of wet leased-in free balloons shall be such that an operator referred to in subregulation (1) will not be predominantly dependent on foreign registered free balloons.

 

(6)The conditions of approval referred to in subregulation (1) shall be part of the lease agreement between the operator referred to in subregulation (1) and the operator from which the foreign registered free balloon is leased.