| (1) | The PIC of an aircraft shall, whether manipulating the controls or not, be responsible for — |
| (a) | the operation, safety and security of the aircraft, crew members, passengers and cargo in accordance with these Regulations while he or she is in command; |
| (b) | operational control of the aircraft unless otherwise provided for in terms of Part 93, 121, 127 or 135 under an approved operational control system; |
| (c) | the conduct of crew members and passengers carried; and |
| (d) | the maintenance of discipline by all persons on board. |
| (2) | The PIC of the aircraft shall have the authority— |
| (a) | to give such commands he or she deems necessary in the interest of the safety of the aircraft, persons or property; and |
| (b) | to disembark any person or cargo which in his or her opinion, represents a potential hazard to the safety of the aircraft, persons or property. |
| (3) | The PIC of the aircraft shall ensure that all passengers are informed as to— |
| (a) | when and how oxygen equipment is to be used, if the carriage of oxygen is required; |
| (b) | the location and use of life jackets or equivalent individual flotation devices, where the carriage thereof is required; |
| (c) | the location and method of opening emergency exits; |
| (d) | when seat belts are to be fastened; |
| (e) | when smoking is prohibited; |
| (f) | when portable electronic devices may be used; |
| (g) | the existence and location of the passenger safety features card, if carried on board; and |
| (h) | before take-off, the location and general manner of use of the relevant emergency equipment carried for collective use and, when an emergency arises, instruct the passengers to take such emergency action as may be appropriate. |
| (4) | The PIC of an aircraft shall— |
| (a) | ensure that the pre-flight inspection has been carried out, and that the checklists, and where applicable, the flight deck procedures and other instructions regarding the operation of the aircraft, the limitations contained in the AFM referred to in regulation 91.03.2 or equivalent certification document, are fully complied with at the appropriate times during a flight; |
| (b) | decide whether or not to accept an aircraft with unserviceabilities allowed by the COL or MEL, where applicable; |
| (c) | determine that aircraft performance will permit the take-off and departure to be carried out safely; |
| (d) | ensure that, before take-off and landing and whenever, by reason of turbulence, any emergency occurring during a flight or whenever deemed necessary in the interest of aviation safety the precaution is considered necessary, the PIC shall ensure that— |
| (i) | all persons on board the aircraft are secured in their seats by means of the seat belts or shoulder harnesses provided; and |
| (ii) | equipment and baggage are properly secured and all exit and escape paths are unobstructed. |
| (e) | when replanning, whilst in flight, to proceed along a route or to a destination other than the route or destination originally planned, shall amend the OFP, if such a plan was required in terms of regulation 91.02.7(1)(f), and notify the nearest ATSU of such change; |
| (f) | not continue towards the aerodrome of intended landing unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that aerodrome or at least one destination alternate aerodrome, in compliance with the operating minima established in accordance with regulation 91.07.5; |
| (g) | report any accident or incident involving the aircraft in accordance with Part 12, unless the PIC is incapacitated or an operator has established another means of reporting accidents or incidents, in which case the operator shall initiate the report; |
| (h) | report any dangerous goods accident or incident involving the aircraft in accordance with Part 92; |
| (i) | if the aircraft is endangered in flight by a near collision with any other aircraft or object, faulty air traffic procedure or lack of compliance with applicable procedures by an ATSU or a flight crew member or a failure of ATS facilities, submit an ATS incident report as prescribed by regulation 12.02.2; |
| (j) | record any technical defect and the exceeding of any technical limitation which occurred while he or she was responsible for the flight, in the flight folio; |
| (k) | if a potentially hazardous condition such as bird accumulation, an irregularity in a ground or navigation facility, meteorological phenomena, a volcanic ash cloud or a greater than normal radiation level is observed during flight, notify an ATSU as soon as possible; |
| (I) | if the aircraft is equipped with an ELT, prior to engine shut-down at the end of each flight as part of the post-flight checks, tune the VHF receiver to 121,5 MHz to listen for ELT activation. If the ELT has been activated inadvertently as the result of a hard landing or for other reasons, this shall be reported— |
| (i) | immediately through the nearest ATSU to the rescue coordination centre; and |
| (ii) | in the appropriate flight log as maintenance may be required before it is returned to service; and |
| (m) | report any occurrence of height keeping errors encountered in an RVSM environment, as prescribed Document SA-CATS 91. |
[Regulation 91.02.8(4)(m) substituted by regulation 21(e) of Notice No. R.1503, GG45491, dated 15 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]
| (5) | The PIC of the aircraft shall ensure that— |
| (a) | breathing oxygen is available to crew members and passengers if flights in a non-pressurised aircraft are contemplated above 10 000 feet and up to 12 000 feet in excess of 120 minutes intended flight time, or above 12 000 feet; and |
| (b) | breathing oxygen is carried in sufficient quantities for all flights at such altitudes where a lack of oxygen might result in impairment of faculties of crew members or harmfully affect passengers. |
| (6) | The PIC of the aircraft shall not— |
| (a) | require a crew member to perform any duties during a critical phase of the flight, except those duties required for the safe operation of the aircraft; |
| (b) | permit any activity during a critical phase of the flight which could distract any crew member from the performance of his or her duties or which could interfere in any way with the proper conduct of those duties; and |
| (c) | commence a flight in the event a crew member is incapacitated by any cause such as injury, fatigue, sickness or the effects of any psychoactive substance or continue a flight beyond the nearest suitable aerodrome in the event of a flight crew member becoming unable to perform any essential duties as a result of fatigue, sickness or lack of oxygen. |
| (7) | The PIC of an aircraft which is being subjected to unlawful interference— |
| (a) | shall notify the appropriate ATSU of this fact, any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, in order to enable the ATSU to give priority to the aircraft and to minimize conflict with other aircraft; |
| (b) | shall attempt to land as soon as practicable at the nearest suitable aerodrome or at a dedicated aerodrome assigned by the appropriate authority unless considerations aboard the aircraft dictate otherwise; and |
| (c) | immediately following the incident unless unable, in which case the owner or operator of the aircraft shall report the act of unlawful interference with the operation of the aircraft or the authority of the PIC— |
| (i) | if the act of unlawful interference occurs within the Republic, to the Director; or |
| (ii) | if the act of unlawful interference occurs within or over the territory of a foreign State, to the appropriate authority of the State and the Director. |
| (8) | The PIC of an aircraft, that is equipped with a flight deck door, shall ensure that at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival, that the flight deck door is closed and locked from within the flight deck. |
