MISASA up date

[zucac]

The NTCA Task Team, established during December 2007 to address the NTCA crisis, met again on 5 February 2008. At present the team comprises Neil de Lange (GM, ACSA), Mike Blyth (Chairman, Misasa) and James Pitman (qualified attorney, Misasa member) representing ACSA, and Subash Devkaran, Andre Swanepoel, Pfumelani Ndala and Simon Segwabe (CAA Airworthiness/Certification) and Miriam Mammabolo (CAA Legal) representing the CAA.

At the meeting it was agreed that a comprehensive redrafting of the regulations (“CARs”) and technical standards (“CATS”) applicable to non-type certified aircraft (“NTCA’s”) in South Africa is required. The redraft must properly integrate the different sections applicable to NTCA’s, must be in simple easy to understand language and must address all relevant issues in a reasonable and workable manner which captures the spirit of this kind of aviation. This process would, unavoidably, take some time.

Four particularly pressing problems were then identified for immediate attention and resolution, namely a) the backlog in issuing build numbers to applicants who wish to build an aircraft; b) the question of owner maintenance of NTCA’s; c) the problems raised by mandatory compliance with manufacturer maintenance schedules (and especially the Rotax 582 300 hour crank replacement question); and d) proof of airworthiness problems normally associated with the problem of “type-approval” of NTCA aircraft and approval of foreign manufacturers.


The ACSA representatives proposed written solutions to the above problems. These were placed before a meeting chaired by Capt Colin Jordaan (CEO, CAA and Commissioner of Civil Aviation) on Friday 22 February 2008. Also at that meeting were Obert Chakarisa (Aircraft Safety Exec Manager/Deputy to CEO), Andre Swanepoel and Subash Devkaran, representing the CAA, and Stan Oliver (Chairman, ACSA), Neil de Lange and James Pitman, representing ACSA.

Build numbers

Capt Jordaan accepted the proposed solution to the build number application backlog. A clarificatory note, in the form of an AIC, will be published on the purpose of build numbers shortly. A pro-forma build number application, including the required design criteria, will be attached to the AIC. The MISASA committee is actively involved with the drafting of a possible future AIC and pro forma design criteria document. The CAA believes that applications containing the anticipated information should be processed within days, if not immediately.

Owner maintenance and manufacturers’ maintenance requirements

Capt Jordaan rejected the ACSA proposed solutions on the questions both of owner maintenance and compliance with manufacturer maintenance guidelines, citing litigation risks for the CAA. (The ACSA proposals, which left the questions to NTCA approved maintenance schedules (“AMS’s”) for NTCA’s would, in our view, have been simple and effective and would in fact have minimized litigation risks for the CAA). Nevertheless, Capt Jordaan adopted a positive approach overall and did indicate a strong desire and intention to assist, while nevertheless adopting a very cautious approach with regard to perceived litigation risks. Capt Jordaan proposed the following solutions instead – a) an amendment to the CARs to allow for owner maintenance of NTCA’s in specific circumstances; and b) the publication of a blanket “exemption” to be applicable to 582 and perhaps other 2-stroke Rotax motors, allowing for certain specific deviations from the manufacturer maintenance schedules. Capt Jordaan emphasized that the amendment and exemption could be legally implemented within days.

Notwithstanding that ACSA believes that the CAA proposals are less than ideal, ACSA reps will nevertheless participate in having them implemented as soon as possible as they do at least address the most pressing problems in a manner currently acceptable to the CAA. On a positive note Capt Jordaan emphasized that he will have agreed proposals on owner maintenance and Rotax maintenance implemented on an urgent and almost immediate basis.

ACSA NTCA Task Team members have accordingly called for another meeting of the Task Team as soon as possible. Before mid-day on Friday 29 February 2008 the ACSA reps will have prepared and delivered a first draft owner maintenance proposal to the NTCA Task Team for discussion and have made formal application for a blanket exemption on the Rotax manufacturer’s maintenance recommendations. If the proposals are acceptable, it would appear that these solutions may be implemented by the CAA within two weeks.

No time was available to discuss the fourth problem of type approval of “production” NTCA’s and foreign manufacturers with Capt Jordaan. The issue will be aggressively raised at the next NTCA Task Team meeting, however.

One final issue of substantial concern was raised by Capt Jordaan, however. He indicated that it would not be practical to re-draft the entire NTCA CARs and CATS until the primary aviation legislation had been reviewed, and that this would take at least 18 months. He accordingly was not willing to arrange the appointment of a qualified independent attorney to assist with this at this time. ACSA reps believe that this will result in ongoing dissatisfaction and frustration in the NTCA category and accordingly intend to raise the issue again in the hope of finding a more acceptable solution.

James Pitman

Note from the Editor

I have met with James and he has undertaken to provide me with regular feedback on progress on this matter.

James Pitman is a qualified and admitted attorney with substantial experience in commercial and administrative law. James is a member of Misasa and has held a microlight pilot’s license for more than ten years. He currently owns a Rainbow Cheetah microlight and is busy building a Dreamaircraft Tundra, a four-seater Canadian designed all metal kit aircraft. Recently James quit the law, having worked as the Vice-President – Corporate and New Business Development in a listed mining exploration company, having successfully negotiated its sale to the worlds largest nuclear operator. He now works as Mike Blyth’s partner in The Airplane Factory, where the two are busy designing an all metal, kit built light sport aircraft for commercial production. James has no interest in Mike’s other business, namely the South African Rotax agency.

James has agreed to use his legal expertise and interest in the NTCA aircraft industry by assisting ACSA in addressing the current crises free of charge. He has been co-opted an ACSA representative on the NTCA Task Team for this purpose. He has undertaken to report back regularly on developments arising out of ACSA and the Task Team’s efforts. James can be contacted on jpitman@iafrica.com or 083 543 5589.

[RudiGreyling]

2 More updates 2 in ine day

http://misasa.flyeaaforum.com/?p=452

NTCA News
By Editor | February 29, 2008


I have just had a call from Mervyn Reynolds who informed me that Alex Rudd (MISASA Safety Officer and the AP) collected an Authority to Fly today for a trike from the CAA which was one of their frustrations with the current status quo. This trike has over 300 hrs and was AP’ed as inspected but which was motivated as to not requiring a new crank. It seems that the “pockets” of excellence at the CAA are back in charge. I will post policy changes when they come to hand.

AND

http://misasa.flyeaaforum.com/?p=453

Further NTCA Feedback
By Editor | February 29, 2008


The process towards a decision on the Rotax 582 crank replacement exemption for engines at or over 300hrs has taken a necessary step forward. Requested documentation relating to required information in support of exemption motivations made have been submitted. This done , we anticipate being in a position to offer further feedback on the evaluation process during the course of next week. In essence the ball is now firmly in the hands of the CAA and we hope that our constructive participation towards an equitable solution whilst fully supporting the necessary principle of safe skies will lead to a speedy, equitable and sound decision. I appreciate that the next step, waiting, will be tough for many. Please be understanding and allow the evaluation to run its course.

[zucac]

Thanks Rudi let them roll

[RudiGreyling]

Alan Mackenzie Summing up the recent situation....

http://misasa.flyeaaforum.com/?p=454

Rudi