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

Regulations

Civil Aviation Regulations, 2011

Part 185 : Enforcement

Subpart 4 : Suspension, Cancellation, Downgrade, Endorsements and Appeal

185.04.3 Appeal against refusal, cancellation or endorsement of medical certificate or declaration of unfitness
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(1) Any person who is directly affected by any of the following decisions may lodge an appeal with the Director:
(a)a decision by a designated body or institution to cancel his or her medical certificate;
(b)a decision by a DAME, declaring him or her unfit or temporarily unfit; and
(c)an endorsement made by a DAME or a designated body or institution on his or her medical certificate; or

 

(2)An appeal referred to in sub-regulation (1) must be lodged on the appropriate form within 60 days from the date of receipt of the reasons for such decision, and must be accompanied by appropriate fees prescribed in Part 187.

 

(3)In considering an appeal lodged in terms of this regulation, the Director must be assisted by at least two medical practitioners, one of whom must have experience in aviation medicine.

 

(4)The Director shall consider an appeal lodged in terms of sub-regulation (2) within 60 days of receipt thereof, and may set aside or confirm a decision in respect of which an appeal was lodged, or make such other decision as the Director may consider equitable.

 

(5)The Director must within 14 days furnish written reasons to the appellant for any decision taken in terms of sub-regulation (4).

 

(6)A person appealing in terms of sub-regulation (2) is entitled to legal representation at his or her own cost.

 

(7)The Director may on good cause shown condone any non-compliance with the time period for lodging an appeal.

 

(8)An appeal lodged in terms of this regulation does not suspend a decision or endorsement in respect of which such appeal is lodged.

 

[Regulation 185.04.3 substituted by regulation 50 of Notice No. R.1503, GG45491, dated 15 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]