Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 96 : Commercial Operation of Non-Type Certificated AircraftSubpart 1 : General96.01.1 Applicability |
| (1) | This Part applies to— |
| (a) | non-type certificated aircraft engaged in flying training or commercial air transport operations 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 engaged in flying training or commercial air transport operations; and |
| (d) | persons on board a non-type certificated aircraft engaged in flying training or commercial air transport operations. |
| (2) | A non-type certificated aircraft shall not be used in commercial air transport operations unless the operator is the holder of the appropriate air service licence issued in terms of the Air Services Licensing Act, 1990 or International Air Services Act, 1993: Provided that no amateur-built, production-built or ex-military aircraft shall be issued with a Class I or a Class II domestic air service licence, nor with any international air service licence. |
| (3) | An amateur-built, production-built or ex-military aircraft may be issued with a Class 2, type G16, domestic air service licence for the purpose of flipping, as defined in subregulation (7). |
| (4) | A non-type certificated aircraft shall not be used for flight training unless the operator is the holder of the appropriate AT 0 approval, issued in terms of Part 141 of these Regulations. |
| (5) | The provisions of Part 24, Part 91 and Part 94 of these Regulations shall apply with the necessary changes to any non-type certificated aircraft unless specifically exempted by the provisions of this Part. |
| (6) | For the purpose of subregulation (2), tandem operations with hang-gliders, paragliders or parachutes, even if carried out for remuneration or reward, shall not be considered to be the providing of an air service as defined in the Air Services Licensing Act, 1990 or International Air Services Act, 1993 nor to be a commercial air transport operation, as defined in Part 1 of these Regulations. |
| (7) | For the purpose of subregulation (3), flipping is defined as the carrying of fare-paying passengers for the purpose of sight-seeing, and such operations shall be restricted as follows: |
| (a) | flights shall commence and end at the same aerodrome or helicopter landing site without any intermediate landing, and without any disembarking taking place by any means while the aircraft is in flight; |
| (b) | the duration of flights shall not exceed one hour of flight time; and |
| (c) | the number of passengers carried, whether fare-paying or carried for free, shall not exceed nine. |
| (8) | For the purpose of subregulation (3), flipping is defined as the carrying of fare-paying passengers for the purpose of sight-seeing, and such operations shall be restricted as follows: |
| (a) | flights shall commence and end at the same aerodrome or helicopter landing site without any intermediate landing, and without any disembarking taking place by any means while the aircraft is in flight (parachute, rappeling, etc.); |
| (b) | the duration of flights shall not exceed one hour of flight time; |
| (c) | the number of passengers carried, whether fare-paying or carried for free, shall not exceed nine. |