Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 94 : Operation of Non-Type Certificated AircraftSubpart 1 : General Provisions94.01.1 Applicability |
(1) This Part applies to—
| (a) | non-type certificated aircraft operated within the Republic; |
| (b) | non-type certificated aircraft registered in the Republic; |
| (c) | persons acting as flight crew members of non-type certificated aircraft registered in the Republic; and |
| (d) | persons who are on board a non-type certificated aircraft operated in terms of this Part. |
| (2) | The provisions of the various other Parts of these regulations shall apply with the necessary changes to any non-type certificated aircraft unless specifically exempted by the provisions of this Part. |
| (3) | Non-type certificated aircraft operated in terms of this Part are prohibited from providing a commercial air transport operation. |
| (4) | Although flight training is not considered to be a commercial air transport operation, any non-type certificate aircraft used in Part 61 flight training shall be operated in terms of Part 96. |
| (5) | Notwithstanding the provisions of subregulations (3) and (4), non-type certificated aircraft operated in terms of this Part may be used for the training of its registered owner if such training is provided by an ATO approved in terms of Part 141. |
| (6) | Subregulation (5) does not apply in respect of a conversion training contemplated in subregulations (14) and (15) of regulation 24.02.3. |
| (7) | For purposes of the provisions of subregulation (5), a registered owner of an aircraft shall include any person with a beneficial ownership interest of 25% or more in an aircraft, and an immediate family member of such person. |
[Regulation 94.01.1 substituted by regulation 23(a) of Notice No. R.1503, GG45491, dated 15 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]