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

Regulations

Civil Aviation Regulations, 2011

Part 24 : Airworthiness Standards: Non-Type Certificated Aircraft

Subpart 2 : Authority to Fly, Proving Flight Authority and Special Flight Permit

24.02.3 Issuing
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(1)An application in terms of regulation 24.02.1 shall be granted and an authority to fly issued if the applicant complies with the provisions of regulation 24.02.2.

 

(2)An authority to fly is issued subject to such conditions and limitations which may be determined by the Director or, if applicable, the organisation designated for the purpose in terms of Part 149 of these Regulations, as the case may be.

 

(3)Whether the authority to fly will include permission to operate the aircraft at night, under IMC, or in commercial air transport operations or to conduct semi-aerobatic or aerobatic flights, depends on the results of the proving flights and the installed equipment.

 

(4)In the case of a locally built amateur-built aircraft, or in the case of any aircraft that previously has been issued with a certificate of airworthiness in terms of Part 21 or a similar document issued by another State in accordance with Annex 8 to the Convention, or of which the certificate of airworthiness or authority to fly has become invalid as a result of a proposed major modification, the authority to "fly may normally be granted, or re-issued as the case may be, in two stages, namely, a proving flight authority and, thereafter, where applicable, the authority to fly.

 

(5)
(a)Before a proving flight authority or an authority to fly is issued, the aircraft may be required to be inspected by an authorised officer, inspector or authorised person, and the owner shall be advised accordingly.
(b)The owner shall make the aircraft available for such inspection, where and when required.

 

Proving flight authority

 

(6)A proving flight authority shall show the base from which the proving flights are to be carried out.

 

(7)A proving flight authority may be extended for further periods at the discretion of the Director, or if applicable, the organisation designated for the purpose in terms of Part 149 of these Regulations, as the case may be, on the submission of an inspection report equivalent to an annual inspection.

 

(8)The constructor, as required, may effect modifications and repairs during the periods of validity of the proving flight authority. However, should a major modification or repair be required, the Director or the organisation designated in terms of Part 149 of these Regulations, may require that the proving flights be commenced anew.

 

(9)Proving flights shall be carried out as prescribed in document SA-CATS 24.

 

(10)Flights conducted in terms of a proving flight authority—
(a)are limited to an area not exceeding 100 km radius from the specified base from which such flights are to be undertaken, unless stated otherwise on the proving flight authority;
(b)may only be conducted under VMC by day;
(c)are forbidden over open-air assemblies of persons; and
(d)are forbidden over built-up areas, except where necessary for take-off and landing.

 

(11)Only essential crew members, including those persons assigned to carry out in-flight inspections, may be carried on board the aircraft during flights conducted in terms of a proving flight authority.

 

(12)Where a proving flight authority is issued in respect of an aircraft of a new design, or of which the originally-approved design has undergone major modification, the first flight or flights shall be conducted by a pilot with the appropriate test flight rating.

 

(13)With the approval of the Director, the flight or flights referred to in subregulation (12), the owner of the aircraft, if suitably qualified, may carry out additional proving flights. For the purpose of this subregulation, where the 'owner' consists of more than one natural person, one of these persons shall be designated by the test pilot to carry out the proving flights.

 

(14)The owner, referred to in subregulation (13), shall be a licensed pilot, holding the appropriate category and class rating, and having been converted on type by an appropriately rated flight instructor.

 

(15)Apart from any conversion training, which may be required in terms of subregulation (14), no flight training may be conducted on an aircraft, operated in terms of a proving flight authority.

 

(16)Where the limitations for flight still have to be established, such proving flight or flights shall be carried out by a pilot with the appropriate test flight rating.

 

(17)The final proving flight for the issue of an authority to fly shall be carried out by a pilot with the appropriate test flight rating who, if applicable, shall be the pilot who carried out the proving flights, referred to in subregulation (16).