Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 91 : General Aviation and Operating Flight RulesSubpart 6 : Rules of the AirDivision Five : Air Traffic Rules91.06.31 Priority |
| (1) | An ATSU may, with regard to arrivals and departures, give priority to aircraft operating in accordance with ATS flight plan clearance over aircraft not so engaged. |
| (2) | However, an ATSU shall give priority to certain flights regardless of whether such flight is operating on an ATS flight plan or not, if the PIC has notified the ATSU that— |
| (a) | the aircraft is in a state of emergency, or the PIC has declared a distress or MAYDAY situation; or |
| (b) | the PIC has declared an urgency or PAN situation; or |
| (c) | the PIC has stated that there is a critically ill person on board the aircraft, or the flight is operated as an emergency air ambulance flight and the type of flight has been annotated accordingly in the flight plan; or |
| (d) | the PIC has declared that the aircraft is in a state of minimum fuel. |
| (3) | An ATSU shall, with regard to flight operations and provided that there is no priority in force in terms of subregulation (2), give priority to aircraft — |
| (a) | engaged in the transportation of the President or Deputy President; or |
| (b) | engaged in the transportation of any visiting Head of State or foreign government official recognised by the South African government as qualifying for priority services; or |
| (c) | engaged in operations related to national security, humanitarian emergencies, public safety emergencies or any other operation that the Director authorises as qualifying for priority services. |
| (4) | An aerodrome operator shall, with regard to arrivals, departures and passenger movements and provided that there is no priority in force in terms of subregulation (2), give priority to aircraft— |
| (a) | engaged in the transportation of the President or Deputy President; or |
| (b) | engaged in the transportation of any visiting Heads of State or foreign government official recognised by the South African government as qualifying for priority services; or |
| (c) | engaged in operations related to national security, humanitarian emergencies, public safety emergencies or any other operation that the Director authorises as qualifying for priority services. |
| (5) | Whenever an aircraft has requested a clearance involving priority in terms of subregulations (2), (3) or (4), a report explaining the necessity for such priority shall be submitted by the pilot-in command if requested by the Director, the appropriate ATSU or the appropriate airfield operator. |