| (1) | Any determination made for the purposes of this Subpart shall be based on approved performance data set out in an aircraft flight manual for an aircraft concerned. |
| (2) | A person may deviate from the requirements of this Division if that person— |
| (a) | is authorised to do so in his or her OpSpec; and |
| (b) | complies with the requirements as prescribed in Document SA-CATS 93. |
| (3) | Where a person uses charts or graphs published in an approved aircraft flight manual, allowance shall be made to ensure any extract errors will be on a side of safety. |
| (4) | A CAO shall adopt obstacle data sufficient to make accurate and safe performance calculations. |
| (5) | A CAO shall ensure helicopter operations are conducted in a manner that gives appropriate consideration for achieving a safe forced landing in an event a safe continuation of flight is not assured following a critical power-unit failure. |
| (6) | An aircraft shall be operated in compliance with the terms of its certificate of airworthiness and within approved operating limitations contained in its flight manual. |
| (7) | A flight may not be commenced with unless performance information provided in an aircraft flight manual, supplemented with data, indicates that the requirements prescribed in this Subpart shall be complied with for a flight to be undertaken. |
| (8) | A PIC shall, before commencement of a flight, ensure that the following factors, as applicable to a phase of a flight, are taken into account— |
| (b) | operating procedures employed by an operator; |
| (c) | pressure-altitude appropriate to an elevation of an aerodrome; |
| (f) | runway slope (aeroplane only); |
| (g) | condition of a surface at the expected time of use; and |
| (h) | any other factor that can significantly affect a performance of an aircraft. |
[Regulation 93.08.1(8)(g) substituted by regulation 22(k) of Notice No. R.1503, GG45491, dated 15 November 2021 (Twenty-First Amendment of the Civil Aviation Regulations, 2021)]
| (9) | The factors specified in subregulation (8) shall be taken into account either directly as operational parameters or indirectly by means of allowances or margins, which may be provided in a scheduling of performance data or in a comprehensive and detailed code of performance in accordance with which an aircraft is being operated. |
| (10) | A CAO shall include in its operations manual— |
| (a) | operating instructions and data on aeroplane climb performance for existing take-off conditions; and |
| (b) | information to enable a PIC to determine climb gradient and intended take-off technique. |
[Regulation 93.08.1(10) inserted by regulation 13 of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
