| (1) | A non-type certificated aircraft, other than an aircraft classified in regulation 24.01.1 (2)(h) to (I), may only be considered to be airworthy if that aircraft has— |
| (a) | been issued with an authority to fly or a proving flight authority or special flight permit, as the case may be in terms of this Part; |
| (b) | been maintained in accordance with the provisions of Part 44; |
| (c) | no known condition which could make the aircraft unsafe for flight; and |
| (d) | on board, and in working order, the relevant communication and navigation equipment prescribed in Parts 94 and Part 96 as applicable for the operation of the particular type of aircraft. |
[Regulation 24.01.2(1) substituted by regulation 6(a) of Notice No. R.1503, GG45491, dated 16 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]
| (a) | amateur built aircraft, only those aircraft, of which the build standard has been submitted to the Director, may be built or imported and flown within the Republic: |
Provided that—
| (i) | Before any person commences with the construction of an aircraft, which is intended to be put on the South African Civil Aircraft Register, such person shall apply for a build number. |
| (ii) | The application shall be made to the Director or the organisation designated for the purpose in terms of the Act, as the case may be, in the format prescribed in Document SA-CATS 24 and shall be accompanied by a copy of the design criteria of the aircraft, as prescribed in Document SA-CATS 24. |
| (iii) | The Director or the organisation designated for the purpose in terms of the Act, as the case may be, shall on receipt of the prescribed documentation issue the build number to the applicant. |
| (iv) | The Director or the organisation designated for the purpose in terms of the Act, as the case may be, must retain a register of build numbers issued and make relevant information available to any authorised officer, inspector or authorised person who needs such information for the purpose of oversight and inspection. |
| (v) | The applicant, on being issued with the build number, shall enter a record of the build number in the aircrafts logbook or any other document associated with the construction of the aircraft. |
| (b) | production built aircraft, only those aircraft, of which the type design, the local or foreign manufacturing organisation and facility, the local assembling organisation and facility or agent/distributor, and the build standard has been approved by the Director may be built or imported and flown within the Republic. |
| (3) | For the purposes of subregulation (2), the Director or the organisation designated for the purpose in terms of Part 149, as the case may be, may consider a foreign manufacturing organisation as being approved if that facility was approved by an appropriate authority. |
| (4) | The design criteria and the build standard for an amateur- or production-built aircraft must— |
| (a) | comply with the appropriate design criteria as prescribed in Document SA-CATS 24; |
| (b) | comply with any special conditions prescribed in regulation 24.02.4 or by the Director or the organisation designated for the purpose in terms of Part 149, as the case may be; and |
| (c) | incorporate no feature or characteristic that makes the aircraft type unsafe for its intended use. |
| (i) | amateur built aircraft, static tests, as required, are to be carried out on the aircraft prior to its first flight or after a structural modification, according to Document SA-CATS 24. |
| (ii) | production built aircraft, in the absence of static test documentation from an appropriate authority acceptable to the Director, static tests, as required, are to be carried out on the aircraft prior to its first flight or after a structural modification, according to Document SA-CATS 24. |
[Regulation 24.01.2(5) substituted by regulation 6(c) of Notice No. R. 783, GG 39151, dated 1 September 2015 (Ninth Amendment of the Civil Aviation Regulations, 2015)]
| (6) | The airworthiness of the aircraft, classified in subparagraphs (h) to (I) in regulation 24.01.1 (2), shall be the sole responsibility of the owner or operator in accordance with generally accepted practices for such aircraft or as laid down by the organisation, approved for the purpose in terms of Part 149. |
| (7) | An operator of a model aircraft referred to in regulation 21. 01.1 shall ensure that such aircraft meets the general characteristics for model aircraft as prescribed in Document SA-CATS 24 unless otherwise approved by the Director. |
[Regulation 24.01.2(7) inserted by regulation 6(b) of Notice No. R.1503, GG45491, dated 16 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]
