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Part 36
List of Regulations:
Noise Certification
CONTENTS
Applicability Noise standards Recognition of foreign noise certification Safety inspections and audits Application for noise certificate Issuing of noise certificate Form of noise certificate Period of validity Suspension, cancellation and appeal Transfer of noise certificate Register of certificates |
Applicability
36.00.1 This part shall apply to –
(a)
subsonic jet aeroplanes;
(b)
supersonic aeroplanes;
(c)
propeller driven aeroplanes with a maximum certificated mass exceeding 5 700 kilograms;
(d)
propeller driven aeroplanes with a maximum certificated mass of 5 700 kilograms or less;
(e)
propeller-driven STOL aeroplanes; and
(f)
helicopters.
Noise standards
36.00.2 Subject to the provisions of regulation 36.00.1, any persons who applies in terms of Part 21 for –
(a)
the issuing of a type certificate;
(b)
the issuing of a type acceptance certificate;
(c)
any change to a type certificate;
(d)
any change to a type acceptance certificate; or
(e)
a standard category certificate of airworthiness,
shall comply with the appropriate noise standards as prescribed in Document SA-CATS-ENVIRO.
Recognition of foreign noise certification
36.00.3 The Commissioner may recognise a noise certificate or an equivalent document issued by an appropriate authority, if the standards under which the noise certificate or equivalent document was issued by the appropriate authority, are not less stringent than the standards as prescribed in Document SA-CATS-ENVIRO.
Safety inspections and audits
36.00.4 (1) An applicant for the issuing of a noise certificate in terms of the regulations in this part, shall permit an airworthiness inspector to carry out such safety inspections and flight and ground tests which may be necessary to verify the validity of any application made in terms of this part.
(2) The holder of a noise certificate issued under this part, shall permit an airworthiness inspector to carry out such safety inspections and audits, including safety inspections and audits of its partners or subcontractors, which may be necessary to determine compliance with the appropriate requirements prescribed in this part.
Application for noise certificate
36.00.5 An application for the issuing of a noise certificate shall be –
(a)
made to the Commissioner in the appropriate form as prescribed in Document SA-CATS-ENVIRO; and
(b)
accompanied by –
(i)
the appropriate fee as prescribed in Part 187; and
(ii)
proof that the aircraft concerned complies with the noise standards referred to in regulation 36.00.2
Issuing of noise certificate
36.00.6 An application in terms of regulation 36.00.4 is granted and a noise certificate issued if the applicant complies with the noise standards referred to in regulation 36.00.2.
Form of noise certificate
36.00.7 A noise certificate shall be issued on the appropriate form as prescribed in Document SA-CATS-ENVIRO.
Period of validity
36.00.8 (1) A noise certificate shall be valid –
(a)
for the period for which the type certificate, type acceptance certificate or standard certificate of airworthiness held by the holder of the noise certificate is valid, and such holder complies with the appropriate noise standards referred to in regulation 36.00.2;
(b)
until the noise certificate is surrendered by the holder thereof, or is suspended by an airworthiness inspector, or cancelled by the Commissioner, in terms of regulation 36.00.9.
(2) The holder of a noise certificate which is suspended, shall forthwith produce the noise certificate upon suspension thereof, to the airworthiness inspector concerned for the appropriate endorsement.
(3) The holder of a noise certificate which is cancelled, shall, within 30 days from the date on which the noise certificate is cancelled, surrender such noise certificate to the Commissioner.
Suspension, cancellation and appeal
36.00.9 (1) An authorised officer, inspector or authorised person may suspend a certificatessued under this Part, if –
(a)
immediate suspension is necessary in the interests of aviation safety;
(b)
an authorised officer, inspector or authorised person is prevented by the holder of the certificate from carrying out any safety inspection and audit or from performing any of the functions that the authorised officer, inspector or authorised person is permitted to perform in terms of the Act and these Regulations; or
(c)
it is evident that the holder of the certificate does not comply with the relevant requirements prescribed in this Part, after such holder has been given at least 14 days within which to comply therewith and has been notified of the proposed suspension and the purpose thereof.
(2) The notice of suspension must be given in writing, stating the reasons for the suspension.
(3) An authorised officer, inspector or authorised person who has suspended a certificate must, within 7 days, submit a report in writing to the Commissioner with a proof that a copy thereof has been submitted to the person concerned, stating the reasons why, in his or her opinion, the suspended certificate, approval or authorisation should be withdrawn or restored.
(4) A person whose certificate has been suspended in terms of sub-regulation (1) may appeal, to the Commissioner, against such suspension within 14 days from the date of such suspension.
(5) The appeal referred to in sub-regulation (4), must be in writing, and stating the reasons why, in the appellant's opinion, the suspension should be varied or set aside.
(6) The appellant must furnish proof to the Commissioner that a copy of the appeal and any documents supporting such appeal have been served on the authorised officer, inspector or authorised person concerned.
(7) The Commissioner must consider the appeal referred to in sub-regulation (4) within 14 days of receipt thereof.
(8) The Commissioner may at any time extend, confirm, vary or set aside the suspension.
(9) The Commissioner may cancel the certificate, approval or authorisation if –
(a)
he or she confirms the suspension in terms of sub-regulation (8); or
(b)
the holder of the certificate does not appeal against the suspension referred to in sub-regulation (1).
(10) The holder of the certificate, who feels aggrieved by the cancellation referred to in sub-regulation (9), may appeal against such cancellation to the Minister, within 30 days from the date the holder is notified about the cancellation.
(11) The appellant must submit a copy of the appeal and any documents or records supporting such appeal, to the Commissioner, and must furnish proof of such submission to the Minister.
(12) The Commissioner must, within 30 days of receipt of the copy of the appeal referred to in sub-regulation (10), deliver his or her written reply to such appeal together with the report that has been submitted to him or her, in terms of sub-regulation (3).
(a)
adjudicate or authorise the adjudication of the appeal on the basis of the documents submitted to him or her; or
(b)
order the appellant and the Commissioner, the authorised officer, inspector or authorised person concerned to appear before him or her or before the authorised adjudicator to give evidence, either in person or through a representative, at a time and place determined by the Minister or the authorised adjudicator.
(14) The Minister or the authorised adjudicator may confirm, vary or set aside the cancellation referred to in sub-regulation (9).
(15) The Commissioner may, on good cause shown, condone any non-compliance with the time period referred to in sub-regulations (3) and (4).
(16) The Minister may, on good cause shown, condone any non-compliance with the time period referred to in sub-regulations (10) and (12).
(17) In adjudicating the appeals in terms of this regulation, the Commissioner and the Minister or the authorised adjudicator referred to in sub-regulation (13) may afford the appellant –
(a)
a reasonable opportunity to make representation;
(b)
an opportunity to appear in person; and
(c)
an opportunity to present and dispute evidence and arguments.
(18) The Commissioner and the Minister must within 14 days of their decision, furnish written reasons to the parties cited in the appeal, for any decision taken pursuant to the appeal.
Transfer of noise certificate
36.00.10 A noise certificate shall be transferred with the aircraft.
Register of certificates
36.00.11 (1) The Commissioner shall maintain a current register of noise certificates issued in terms of the regulations in this Part.
(2) The register shall contain the following particulars:
(a)
The full name of the holder of the noise certificate;
(b)
the postal address of the holder of the noise certificate;
(c)
the date on which the noise certificate was issued;
(d)
the number of the noise certificate issued;
(e)
the date on which the noise certificate is suspended, if applicable; and
(f)
in the case of a transfer of an aircraft –
(i)
the date on which the noise certificate was transferred;
(ii)
the full name and the trade name of the transferee, if any; and
(iii)
the postal address of the transferee.
(3) The particulars referred to in sub-regulation (2) shall be recorded by the Commissioner in the register within seven days from the date on which the noise certificate is issued, transferred or suspended, as the case may be.
(4) The register shall be kept in a safe place at the office of the Commissioner.
(5) Information from the register shall be furnished by the Commissioner, on payment of the appropriate fee as prescribed in Part 187, to any person who requires such information.
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