Good morning
I received answers from Geoff Dyer (MISASA Training and Licencing), Rowena Kraidy (MISASA Technical Officer) and Neil de Lange (Aero Club GM). I couldn’t get anything from the CAA.
In future Rowena will answer all matters pertaining to technical issues and the relevant regulations (Part 24 and others) and Geoff Dyer and Deon Kraidy will answer all matters pertaining to training and licencing and the relevant regulations (Part62).
Please address questions to them directly … PLEASE copy important posts to their personal e-mails too – we don’t always monitor these discussion groups and if no one tells us that there is an important discussion about a MISASA issue going on we cannot answer or help.
ANSWERS IN BOLD BELOW.
1. Before the minimum height rule over heritage sites etc., was made law, I had a very, very lengthy conversation informing the GM of Aero Club about it...........Now it is law........... I even spoke to Renel Stander about it while she was still with DOT...
THIS MATTER HAS BEEN ESCALATED TO THE MINITER OF TRANSPORT AND ENVIRONMENTAL AFFAIRS AS THE COMMISSIONER IS SEEMINGLY UNABLE TO ADDRESS THE ISSUE – NEIL DE LANGE WAS ADVISED THAT THIS IS IN DISCUSSION AT PARLIAMENT AND WE WILL BE ADVISED SOONEST
'unquote' to the microlighters.co.za guys, what this means is that if you want to fly along the beach at Sodwana, you need to be at 4 500 feet ASL!!lekka view from up there. What is also means is that if you want to fly along the Drakensberg, you need to be at about 15 000feet ASL?
THE SAME APPLIES HERE - THE FIRST IS THE PROTECTED AREAS ACT AND THE SECOND IS THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT
2. DEAT have passed laws that you guys should know about by now.. They have already successfully closed Overberg School of Microlighting in Hermanus.........they have been warned that if they use their strip again they will be arrested and their aircraft impounded......yup......... Our
Aero Club were also warned about this about 2 years ago.......now it's law, and they are trying crisis management......
THIS MATTER NEIL TOOK UP IN 2004 WHEN THE THE FIRST DRAFT WAS SUBMITTED. TOGETHER WITH THE COMMERCIAL AVAITION ASSOCIATION AND MEMBERS OF NASCOM WE MADE SEVERAL SUBMISSIONS TO THE CAA ET AL. THE CAA HAS FAILED TO EFFECTIVELY COMMUNICATE THE ISSUES WITH THE DEAT. WE CONTINUE TO ATTACK THE ISSUE. THE AERO CLUB CERTAINLY DOES NOT CONDONE THIS NONSENCE.
3. Part 24 has been gazetted, with implementation date 1/1/08....haul out your BEEK volumes 2 and 3 and start reading and see what is in store for us...............My bet is that by the end of January 2008, NTCA operations will have been curtailed in almost EVERY MICROLIGHT TRAINING SCHOOL IN SOUTH AFRICA!!! I know that for sure by the end of next year, there will only be new microlights flying legally in SA....... There will be NO NEW AUTHORITIES TO FLY, BECAUSE NO AP WILL SIGN ANY PLANE OUT!!! And Andre Swanepoel has advertised for 2 POSITIONS IN HIS DEPARTMENT!!! The add's ran in Sunday Times and Rapport newspaper 3 weeks ago. Guess what, they (CAA) are getting ready to do their rounds in January............
PART 24 WAS IMPLEMENTED ON THE 14TH OCTOBER 2002. IT HAS NOT CHANGED. IF YOU WOULD LIKE A COPY OF IT ASK ROWENA. THE FOLLOWING IS THE AIC: (A CERTAIN LEGAL REPRESENTATIVE OF THE CAA SAID THAT THE DOCUMENT WAS NOT LEGAL OR WHATEVER – SO MAYBE THAT IS WHY THE CAA HASN’T ENFORCED IT UP TILL NOW … BUT STILL, IT HAS BEEN UNCHANGED AND AROUND FOR THIS LONG!!!!)
REPUBLIC OF SOUTH AFRICA
CIVIL AVIATION AUTHORITY
CAA
Private Bag x08
Waterkloof
0145
Tel: (012) 346-5566
Fax: (012) 346-6059
E-Mail:
mail@caa.co.za
AERONAUTICAL INFORMATION CIRCULAR
AIC
18⋅23
02-11-15
GENERAL
LEGISLATION MATTERS
PUBLICATION IN TERMS OF REGULATION 11.04.4(2) OF THE FULL PARTICULARS OF AN EXEMPTION GRANTED BY THE COMMISSIONER FOR CIVIL AVIATION FROM THE REQUIREMENTS OF REGULATION 11.04.6 OF THE CIVIL AVIATION REGULATIONS 1997.
1. Applicant
The South African Civil Aviation Authority
Private Bag X08
Waterkloof
0145
2. Details of exemption
The Commissioner for Civil Aviation has granted all operators of aircraft that do not qualify for the issue of a certificate of airworthiness, an exemption from the provisions of regulation 11.04.6, in so far as the aforementioned regulation authorizes the operation of aircraft that are unable to comply with Regulation 21.08.1A, on condition that the requirements of the Document LS/1, are complied with.
3. This exemption will nullify the content of the aforementioned regulation enabling the Commissioner to withdraw Document LS/1 and impose the requirements contained in proposed Parts 24, 94 and 96 (and associated technical standards) as conditions for the operation of aircraft that do not qualify for the issue of a certificate of airworthiness (Non-type Certificated Aircraft).
4. Background Information
The Document LS/1 was reinstated by the CAA on 15 December 2000 as an interim measure to address the lack of any regulatory requirements for non-type certificated aircraft. It was initially envisaged that the Document LS/1 would be re-instated for a period of six months. This envisaged six months re-instatement period has stretched to over 18 months and it will probably take another six months before Parts 24, 94 and 96 are promulgated.
5. Document LS/1, however, does not make adequate provision for the commercial operation of non-type certificated aircraft and is completely silent on the issue of operating certificates. The Flight Operations, Legal and Airworthiness sections of the CAA receive many queries about the LS/1 Document where particular issues are not addressed by the Document. The solutions to these queries often cannot be found in terms of the current Document LS/1.
6. Development of Parts 24, 94 and 96
The CAA has spent the past 18 months developing new proposed Parts 24, 94 and 96 to ultimately replace the LS/1 Document. These new Parts incorporate many of the provisions of the LS/1Document, but also make provision for veteran aircraft and ex-military aircraft, and deal with the commercial operations of the so-called LS/1 aircraft.
7. The three new Parts are, Part 24 ‘Airworthiness Standards: Non-type Certificated Aircraft’, Part 94 ‘Operation of Non-type Certificated Aircraft’, and Part 96 ‘Commercial Operation of Non-type Certificated Aircraft’. (All recreational pilot licensing aspects will be dealt with in a new Part 62)
8. Non-type certificated aircraft (NTCA) is defined as ‘any aircraft which does not qualify for having a certificate of airworthiness issued in terms of Part 21’.
9. As NTCA include a wide range of aircraft, from model aircraft to homebuilt to veteran airliners, it was necessary to take a generic approach and develop regulations and set standards that would be applicable to all NTCA or for a particular category of aircraft only. This led inter alia to the categories ‘aeroplane’ and ‘weight-shift aircraft’. No weight or other considerations were taken into account. - 2 -
10. The minimal airworthiness standards to be met by all NTCA are those laid down for amateur-built aircraft. (These were basically copied from Document LS/1). Additional standards are laid down for production-built aircraft, the latter being an amateur-built aircraft approved as a prototype for line-production, for sale as a kit, or even as a set of plans.
11. As mentioned above, Part 96 contains the requirements for the commercial operation of these aircraft. In order not to unfairly advantage the operator of NTCA, proposed Regulation 96.01.1 (3) restricts ex-military aircraft conducting passenger flights to “flipping†– where the place of take-off and subsequent landing are one and the same. Part 96 also makes provision for the issuing of a Part 96 Operating Certificate, if the prescribed requirements are met.
12. Motivation
Document LS/1 has clearly outlived its usefulness. It is expected that it will take approximately six months to translate Parts 24, 94 and 96 into Zulu and obtain the Ministers approval for these Parts. As an interim measure, the CAA motivated the granting of this exemption to operators of Non Type Certificated Aircraft, subject to the condition that the requirements contained in proposed Parts 24, 94 and 96 are to be complied with by the operators of NTCA. This will also allow the CAA to test and evaluate the new Parts in practice and iron out any difficulties before the above-mentioned Parts are finally promulgated.
13. During the development of Parts 24, 94 and 96, extensive consultation was undertaken and the proposed Parts were well received by stakeholders. Furthermore, the Proposed Parts 24, 94 and 96 were published for comment on 11 January 2002 and were approved by CARCOM at a meeting on 27 February 2002. There should therefore be no objection from stakeholders to these Parts being introduced in this manner and at this juncture. Indeed the commercial operators of NTCA should welcome the speedy introduction of the proposed Parts, as this will eradicate most of the impediments they currently face (such as operating certificates).
14. Safety implications
The CAA is of the opinion that an acceptable level of safety will be maintained by way of the requirements contained in the proposed Parts 24, 94 and 96. The minimal airworthiness standards to be met by all NTCA are those laid down for amateur-built aircraft. (These standards were basically copied from Document LS/1 which has been successfully utilized in South Africa for over thirty years). Additional standards are also laid down for production-built aircraft. It is further submitted that the commercial operating requirements in Part 96 will ensure adequate levels of aviation safety.
15. Period of Exemption
The Commissioner for Civil Aviation has granted the Exemption from the provisions of Regulation 11.04.6 in so far as the aforementioned regulation authorizes the operation of aircraft that are unable to comply with Regulation 21.08.1A, until such time that the proposed Parts 24,94 and 96 are promulgated in the government gazette.
16. The implementation of the proposed Parts 24, 94 and 96, as the terms and conditions attached to the granting of this general exemption, will come into effect on 14 October 2002.
17. Please note that proposed Parts 24, 94 and 96, with the associated proposed technical standards, will be available for purchase at the CAA publications office, or on the CAA Website,
www.caa.co.za.
COMMISSIONER FOR CIVIL AVIATION
SO LET ME KNOW EXACTLY WHAT CHANGES YOU WANT AND WE WILL DO THE REST.
IMPORTANT: PLEASE READ ROWENA’S POST WHICH I WILL SEND TO YOU NOW TOO.
4. Part 62 has been passed by CARCOM, with closing date for comments YESTERDAY.............the lack of communication from Aero Club/MISASA
for informing the industry that a document as important as Part 62 TS final draft was delivered to carcom some time ago................ Have you read it ?! you can download it off CAA's website...........
I HAVE MANY TIMES SENT OUT NOTICES STATING THAT I WOULD LIKE FEEDBACK ON PART 62 – ESPECIALLY THE AMENDMENTS. PART 62 COMMENT PERIOD CLOSED ABOUT A YEAR AGO. THE FIRST AMENDMENT COMMENT PERIOD HAPPENED IN ABOUT MAY AND RECENTLY THE SECOND AMENDMENT (WHICH DOES NOT AFFECT US – IT IS MOSTLY THE HAND AND PARAGLIDING GUYS WHO HAVE MADE CHANGES) HAS HAPPENED RECENTLY. THE PART 62 CATS ARE STILL PUBLISHED ON THE CAA WEB SITE BUT THE COMMENT PERIOD IS OVER. STILL, WE CAN MAKE AMENDMENTS ANY TIME WE FEEL THERE IS A NEED. IF YOU WANT A COPY OF PART 62 THEN ASK GEOFF OR DEON
It is more difficult to get a hang glider licence now than it was for me to get my PPL in 81 ! Now let's talk, see here, you can fly a powered hang glider without any part 24 nonsense, and you can fly a powered paratrike without any part 24 nonsense...But, take the same Rattex 582 engine that is mounted in a tandem paratrike, very, very smart and fancy trike undercarriage (yup, just looks like your Raptor) and then take a Hang
glider wing, put them together and call them a microlight weight shift, and bingo presto you get part 24 and all the associated nonsense....How, how, how I ask you, did Aero Club and MISASA let this illogical nonsense happen...........
YOU MUST ASK THE HANG AND PARAGLIDING SECTION ABOUT THEIR STUFF.
I was part of the original draft from MISASA for part 62TS, and I remember holding my head in my hands and saying to Annie, what on earth is happening to our sport....This is just so 'overkill'.....But like a lamb to the slaugher, I just carried on drafting this huge overkill document which is just so crazy for microlighting, especially Trikes........
MANY PEOPLE WHO HAVE SAFETY AND EVERYONES BEST INTEREST AT HEART HAVE DRAFTED PART 62 – NO MATTER WHAT IS WRITTEN HERE DAVID AND ANETTE WERE A GREAT HELP AND INFLUENCE IN WRITING UP PART 62 AND I FOR ONE APPRECIATE WHAT THEY HAVE DONE. OTHERS WHO HELPED A LOT ARE GEOFF DYER AND NEIL DE LANGE. STILL IF IT’S NOT PERFECT (AND IT ISN’T) JUST WRITE UP THE SUGGESTED AMENDMENTS EXACTLY AS THEY SHOULD BE, AND IF EVERYONE AGREES WE CAN GET AN AMENDMENT DONE. IT REALLY IS VERY STRAIGHT FORWARD AND EASY.
Now, I support the 3 of you fully, but I believe your support for the current bodies as bodies of people capable of dealing with legislative matters for microlighting (read trikes) is energy spent in the wrong direction...........
Misasa is still a great bunch of guys, but is almost a useless tool to fight legislation. I have stated this opinion time and time again. By all means keep MISASA, and use it just as a social club, endorsing championships, events at club level etc., but darn it Chris, we need a breath of fresh air to tackle the short term future, and unfortunately the current framework of representation just does not cut the grade.
And now MISASA has changed it's name to include MI -SA (Sport plane Association)-SA.........
THE MICROLIGHT AND LIGHT SPORT AEROPLANE ASSOCIATION OF SA (MISASA)
Aish, trikes are just being sold further and further down the river.......... I am so dying for a new energized body to look after trike pilots. I don't care if it takes 6 years, but we have to get trikes away from LSA. Get trikes back to basics, back to owner maintenance and owner discretion............And then educate the owners...........Annual Instructor and AP seminars...........think tanks on how to reach all trike pilots (yup, all, not only computer owners and computer literate folk, but the folk who are only in touch via postal addresses, make sure they are educated in the maintenace of their trikes, the maintenance of safe flying, reminding them of little things that tend to be forgotten..................
but I agree Chris, we first need a commitment from everyone, within their own hearts and minds, to support and stand firm...........and be proud again............ And I have found this committment across the length and breadth of SA.........but it is sadly NOT for MISASA or Aero Club:( I am afraid they are reaping the rewards of years of poor communication with members.......You were the last of the good guys Chris..............You did wonders with the mag............but even that lies in tatters...................
I have over the past 3 weeks received phenomenal support, both financial and emotional, to restore triking to its former glory So, yes it is not that folk do not want to pay their subscriptions (individuals have pledged 5 times more than current membership fees).......but some-how it just seems that the current body needs to take a back seat...........its all about cycles I suppose...........things come and go..........
There is so much I would love to share.........but I know that it would not be constructive......so I'll leave it for the trash-bin:)
I was ready to help, but my calls are not taken, let alone returned...........a sure-fire recipe for winning back old members.........
Kind regards to you guys.
....enjoy your last 2 months and 8 days of legal flying........
PERSONALLY I FEEL THAT AN E-MAIL LIKE THIS CAUSES MORE DAMAGE (AND PANIC) THAN GOOD AND ALTHOUGH THE QUESTIONS AND WORRIES ARE LEGITIMATE, I THINK WE CAN ALL WORK ON THIS TOGETHER, FOR EVERYONES GOOD, SO MUCH BETTER WITH THE RIGHT ATTITUDE.
SURE, WE HAVE FAILED IN THAT WE NEED TO COMMUNICATE MORE REGULARLY AND MORE COMPREHENSIVELY.
NO MATTER HOW MUCH FLACK WE TAKE, WE WILL CONTINUE TO WORK ON ALL THE ISSUES THAT AFFECT US - NOT MENTIONED HERE ARE MEDICAL ISSUES, AIRCRAFT REGISTRATION ISSUES, AIRWORTHYNESS ISSUES, AIRSPACE AND FEES ISSUES … TO NAME A FEW.
ANYWAY, AT THE AGM ALAN MACKENZIE AND TRIXIE AGREED TO HELP ME WITH THE WEB SITE AND COMMUNICATION SO YOU WILL SOON SEE IMPROVEMENTS THERE … AND ROWENA AND DEON KRAIDY ARE ON THE COMMITTEE ADDING MUCH NEEDED FRESH BLOOD.
IF YOU HAVE A QUESTION OR WORRY – SURE WRITE IT HERE FOR EVERYONE TO SEE, BUT PLEASE CONTACT US TOO. WE MIGHT BE WORKING ON IT ALREADY.
CHEERS
Mike Blyth
