Part 96 & Part 62 - How to comply as a PPL?

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Gerber
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Part 96 & Part 62 - How to comply as a PPL?

Postby Gerber » Thu Apr 18, 2013 4:05 pm

Hi guys

I am investigating the establishment of a Part 96 operation. I know that it can be a long and expensive process to get an AOC in place, have the aircraft`s ATFs amended for Part 96 etc, but that is not what this question is about. My query relates to the pilot licensing requirements for Part 96.

I have read through the CARs and CATs, and here is what it has to say: (relevant bits in red, and my final question is at the end)


SUBPART 14: REQUIREMENTS FOR THE ISSUE OF A PART 96 AUTHORISATION
General

62.14.1 (1)(a) Part 96 regulates the commercial operation of non-type certificated aircraft.
(b) Non-type certificated aircraft, issued with an authority to fly in terms of Part 24 do not meet ICAO standards and, therefore, may only be operated within the borders of the Republic, unless specifically authorised by the responsible authority for the foreign airspace.
(2)(a) As non-type certificated aircraft may not be operated in international commercial air transport, ICAO requirements in respect of pilot licensing do not apply.
(b) National authorities may regulate such operations for domestic operations.
(3) In accordance with paragraphs (1) and (2) above, the Director or the body designated for the purpose as the case may be, may authorise the holder of a valid appropriate private or national pilot licence to conduct commercial operations with non-type certificated aircraft in terms of Part 96 and this Part on conditions prescribed by the Director.
(4) The requirements for a Part 96 authorisation as applicable to the aircraft types which may be operated by a pilot licensed in terms of Part 62 are set out in this Subpart: Provided that this Subpart shall not apply to operations of paragliders, hang-gliders, or the powered versions thereof.

Requirements for a Part 96 authorisation
62.14.2 An applicant for the issuing of a Part 96 authorisation shall –
(a) be not less than 21 years of age;
(b) hold at least a valid Class 2 medical certificate issued in terms of Part 67;
(c) hold at least a valid restricted radiotelephony operator’s certificate;
(d) hold a valid national pilot licence issued in terms of Part 62;
(e) have acquired the experience referred to in regulation 62.14.3;
(f) have successfully completed the training referred to in regulation 62.14.4;
(g) have passed the theoretical knowledge examination referred to in regulation 62.14.5; and
(h) have undergone the skills test referred to in regulation 62.14.6.


Experience
62.14.3 An applicant for the issuing of a Part 96 authorisation shall –

(a) in the case of the category weight shift controlled microlight aeroplanes, conventionally controlled microlight aeroplanes and light sport aeroplanes –
(i) have 300 hours flight time as pilot of a weight shift controlled microlight aeroplane, conventionally controlled microlight aeroplane, light sport
aeroplane, gyroplane, touring motor glider or glider as the case may be, of which not less than 200 hours shall be as PIC; or
(ii) have 200 hours as PIC of an aeroplane with a MCM of 5 700 kg or less and
at least 100 hours as PIC of an aeroplane in the same category for which Part 96 authorisation is sought;

(b) in the case of the category paragliders, powered paragliders, hang-gliders and powered hang-gliders have a minimum of 300 flights and 200 hours of flight time
and hold a valid Grade.

Training
62.14.4 An applicant for the issuing of a Part 96 authorisation shall have successfully completed the appropriate training as prescribed in Document SA-CATS 62.
Theoretical knowledge examination
62.14.5 An applicant for the issuing of a Part 96 authorisation shall have passed the appropriate written examination as prescribed in Document SA-CATS 62.
Skills test
62.14.6 (1) An applicant for the issuing of a Part 96 authorisation shall have demonstrated to an appropriately qualified designated examiner, the ability to perform, as PIC of an aircraft in the category for which the authorisation is sought, the procedures and maneuvers prescribed in Document SA-CATS 62 with a degree of competency appropriate to the privileges granted to the holder of a Part 96 authorisation.
(2) The applicant shall undergo the skills test referred to in sub-regulation (1) within six months of passing the theoretical knowledge examination referred to in regulation 62.14.5 and within the 90 days immediately preceding the date of application.


Application for a Part 96 authorisation
62.14.7 An application for the issuing of a Part 96 authorisation shall –
(a) be made to the Director or the organisation designated for the purpose in terms of Part 149, as the case may be, on the appropriate form as prescribed by the Director; and
(b) be accompanied by –
(i) the original or certified true copy of a valid Class 2 or Class 1 medical certificate issued in terms of Part 67;
(ii) original or certified proof that the applicant has passed the theoretical knowledge examination referred to in regulation 62.14.5;
(iii) original or certified proof that the applicant has the practical experience referred to in regulation 62.14.3;
(iv) the skills test report as prescribed in Document SA-CATS 62; and
(vi) the appropriate fee as prescribed in Part 187.

Now my question:

I want to know what the holder of a PPL(A), with the prerequisite hours will need to do in order to comply with the requirements, i.e. will he have to apply for a NPL and then pass the theoretical exams mentioned in 62.14.5, and the skills test as per Appendix R62.15?

Or will having passed the PPL subjects be sufficient to satisfy the theory component, requiring only a practical skills test? Looking at the content of the exams, as per Appendix R62.14, it seems to be PPL level stuff.

I had a chat with the CAA, and the inspector I asked stated that you would need a CPL in order to conduct Part 96 ops. This seems to be counter-intuitive considering the intention of Part 96, and in contrast to what the Regs say.

Your inputs will be appreciated.

Thanks in advance.
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Re: Part 96 & Part 62 - How to comply as a PPL?

Postby KFA » Thu Apr 18, 2013 7:47 pm

The whole idea of part 96 is to allow certain operations to be conducted for reward by a PPL or NPL holder and not CPL. Like you stated there are 2 parts to the law, the one is the aircraft and the second is the pilot's approval. How I see it is that because the plane does not comply with the requirements of a full Type Acceptance the uses will be restricted. IAW they will not approve a NTCA 4 seater to be used for a charter operation but they could approve it for flying cargo or Agricultural ops or game counting, filming, flips (flying from A to A again) and so on and thats the reason that the CPL is not a requirement. It is definately not true that you have to have a CPL to fly for reward. Getting the 96 approvals in place for yourself might prove to be difficult at this stage because I am not sure if the technical standards have been finalized yet. Best is to speak to Willem or Pierre at RAASA about the process.
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Re: Part 96 & Part 62 - How to comply as a PPL?

Postby Biltong » Sun Feb 05, 2017 1:26 pm

Gerber hi

You have a pm

Regards

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