Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 136 : Air Transport Operations - Commercial Operation of Free BalloonsSubpart 6 : Operating Certificate136.06.2 Application for operating certificate |
| (1) | An application for an operating certificate shall be made to the Director in the appropriate prescribed form and shall be accompanied by the appropriate fee as prescribed in Part 187. |
| (2) | Each application made in terms of subregulation (1), subject to the approval of the Director, shall demonstrate that the applicant— |
| (a) | has adequate equipment, facilities and personnel to operate the proposed commercial air transport operation; and |
| (b) | is able to conduct the commercial air transport service in a safe and proper manner and in full compliance with all applicable rules and regulations. |
| (3) | The submission of an application under this Subpart does not place any obligation upon the Director to issue an AOC or OpsSpecs until he or she has been given reasonable time, as agreed in the schedule of events, to review the application and the application has been adjudicated in terms of regulation 136.06.3. |
| (4) | The holder of an AOC may add to its AOC a balloon registered on another AOC: Provided that— |
| (a) | the balloon is not registered on more than three AOCs; |
| (b) | the balloon is maintained by only one AMO; |
| (c) | the manual of procedures or maintenance control manual, as applicable, for all operators and the Operations Specifications for each operator, specify the AMO responsible for the maintenance of each shared balloon, by balloon registration number; |
| (d) | the balloon flight folio used is the same for all operators, such that there is but one continuous record of the balloon’s activities, and the flight crew members are trained in the procedures for completion of the flight folio; |
| (e) | there is one method with respect to the entry, reporting and rectification of defect procedures and the flight crew members are trained in those procedures; |
| (f) | the flight crew members receive ground and flight training covering any differences between the model(s) operated by the operator and that being added to the AOC, including at least— |
| (i) | safety equipment contained on board; |
| (ii) | ancillary equipment |
| (iii) | systems differences, engine/airframe limitations, performance considerations and operating characteristics, and the results of such training are recorded on the flight crew member’s training file. |
| (5) | The personnel referred to in subregulation (2)(a) shall be comprised of the following positions, the incumbents of which shall be approved by the Director— |
| (a) | chief executive officer; |
| (b) | person responsible for flight operations; |
| (c) | person responsible for balloon |
| (d) | air safety officer; and |
| (e) | quality manager; |
| (6) | When, after consideration of the scope and size of an operator applicant, the Director is of the opinion that it would be appropriate, he or she may approve the assignment of more than one position to one person or approve different positions. |
| (7) | The nominated post-holders required by subregulation (6) shall meet the qualifications and be responsible for the functions specified in Document SA-CATS 136. |
| (8) | Any post-holder of the positions listed in subregulation (6), who held such position on the commencement of these Regulations, shall be deemed to meet the qualifications required by Document SA-CATS 136: Provided that— |
| (a) | for a nominated post-holder, such person is satisfactory to the Director; |
| (b) | for an incumbent, that incumbent has discharged his or her responsibilities to the satisfaction of the Director; and |
| (c) | for a nominated or incumbent post-holder, such person meets the qualifications specified in Document SA-CATS 136 within six months from the commencement of these Regulations. |
| (9) | Notwithstanding any provision of the Regulations, where any manager no longer meets the qualifications required for that position or fails to discharge the responsibilities of that position, the Director may withdraw such approval. |
| (10) | The Director may amend any AOC if— |
| (a) | he or she determines that safety in commercial air transport and the public interest requires the amendment; or |
| (b) | the holder of the AOC applies for an amendment, and the Director determines that safety in commercial air transport and the public interest requires such amendment. |
| (11) | If the Director stipulates in writing that an emergency exists requiring immediate amendment in the public interest with respect to safety in commercial air transportation, such an amendment becomes effective on the date the holder of an AOC receives such notice. |
| (12) | A holder of an AOC may make representations to the Director against the amendment contemplated in subregulation (11) (a) or (12), but shall continue to operate in accordance with such amendment, unless it is subsequently varied or withdrawn. |
| (13) | Amendments approved by the Director, other than emergency amendments referred to in subregulation (12), become effective 30 days after notice to the holder of an AOC, unless the holder of the AOC makes representations against such proposal as contemplated in subregulation (13) prior to the effective date. |
| (14) | Amendments proposed by the holder of an AOC shall be made at least 30 days prior to the intended date of any operation under the proposed amendment. |
| (15) | No person may perform a commercial air transport operation for which an AOC amendment is required, unless that person has received notice of the approval from the Director. |