SUBPART 12:
ZA-TSO AUTHORISATIONS

ZA-TSO markings

21.12.1   No person shall identify an article with ZA-TSO marking unless such person holds a ZA-TSO authorisation and the article complies with the appropriate ZA-TSO performance standards as prescribed in Document SA-CATS-AR.

Application for ZA-TSO authorisation

21.12.2   (1)  An applicant for the issuing of a ZA-TSO authorisation shall be the holder of a manufacturing organisation approval issued in terms of Part 148.

(2)  An application for the issuing of a ZA-TSO authorisation shall be –

 

(a)

made to the Commissioner in the appropriate form as prescribed in Document SA-CATS-AR; and

 

(b)

accompanied by –

(i)

a statement of conformity certifying that the applicant has complied with the requirements prescribed in this subpart and that the article complies with the appropriate ZA-TSO which is valid on the date of application for such article;

(ii)

one copy of the technical data required in the appropriate ZA-TSO; and

(iii)

the appropriate fee as prescribed in Part 187.

(3)  If a series of minor changes in accordance with the provisions of regulation 21.12.6 is anticipated, the applicant may include in its application the basic model number of the article and the part number of the components, with open brackets after such number, to denote that suffix change letters or numbers or combinations thereof, will be added from time to time.

(4)  If the application is deficient, the Commissioner may request the applicant to submit such additional information which may be necessary to prove compliance with the requirements prescribed in this subpart.

(5)  If the applicant fails to submit the additional information referred to in sub-regulation (4) within 30 days from the date on which the Commissioner requested such additional information, the application shall be denied and the applicant so notified.

Issuing of ZA-TSO authorisation

21.12.3   (1)  An application referred to in regulation 21.12.2 shall be granted and a ZA-TSO authorisation issued if –

 

(a)

the applicant complies with the requirements prescribed in this Subpart;

 

(b)

the Commissioner is satisfied that the applicant has the ability to manufacture duplicate articles in accordance with the requirements prescribed in this Subpart; and

 

(c)

the issuing of the ZA-TSO authorisation is not contrary to the interests of aviation safety.

(2)  The Commissioner shall issue or refuse to issue the ZA-TSO authorisation within 30 days after the receipt of the application or, if additional information has been requested, within 30 days from the date of receiving such additional information.

(3)  The Commissioner shall not issue the ZA-TSO authorisation if the manufacturing facility for the article is located outside the Republic, unless the Commissioner is satisfied that the location of such facility will not impede the administration of the appropriate airworthiness requirements prescribed in this part.

Duties of holder of ZA-TSO authorisation

21.12.4   A manufacturer who holds a ZA-TSO authorisation for an article shall –

 

(a)

manufacture the article in accordance with the requirements prescribed in this subpart and the appropriate ZA-TSO;

 

(b)

conduct all the required tests and inspections and establish and maintain a quality control system which is adequate to ensure that the article complies with the requirements referred to in paragraph (a) and is in condition for safe operation;

 

(c)

prepare and maintain, for each model of each article for which a ZA-TSO authorisation has been issued, a current file of complete technical data and records in accordance with regulation 21.12.7;

 

(d)

permanently and legibly mark each article to which this regulation applies with –

(i)

the name and address of the manufacturer;

(ii)

the name, type, part number or model designation of the article;

(iii)

the serial number or the date on which the article was manufactured, or both; and

(iv)

the appropriate ZA-TSO number.

Approval for deviation

21.12.5   (1)  A manufacturer who requests approval to deviate from any performance standard of a ZA-TSO, shall prove to the Commissioner that the standards from which a deviation is requested, are compensated for by factors or design features providing an equivalent level of safety.

(2)  The written request for approval to deviate, together with all pertinent data, shall –

 

(a)

if the article is manufactured in the Republic, be submitted to the Commissioner; and

 

(b)

if the article is manufactured in a foreign State, be submitted through the appropriate authority of such State to the Commissioner, and be accompanied by the appropriate fee as prescribed in Part 187.

(3)  The Commissioner shall grant the approval if the Commissioner is satisfied that the deviation concerned will not jeopardise aviation safety.

Design changes

21.12.6   (1)  A manufacturer who holds a ZA-TSO authorisation may make minor design changes to an article without the prior approval of the Commissioner if the changed article retains the original model number and such holder submits to the Commissioner any revised data which are necessary for compliance with the provisions of regulation 21.12.2(3).

(2)  If a manufacturer who holds a ZA-TSO authorisation wishes to make major design changes to an article, the manufacturer shall assign a new type or model designation to the article and apply for an authorisation in terms of regulation 21.12.2.

(3)  No design change by any person other than the manufacturer who submitted the statement of conformity for the article, shall be approved under this subpart unless the person seeking the approval is a manufacturer and applies in terms of regulation 21.12.2(2) for a separate ZA-TSO authorisation.

Record-keeping requirements

21.12.7   (1)  A manufacturer who holds a ZA-TSO authorisation shall, for each article manufactured under the authorisation, keep the following documents at its manufacturing facility:

 

(a)

A complete and current technical data file for each type or model article, including design drawings and specifications; and

 

(b)

complete and current inspection records reflecting that all inspections and tests required to ensure compliance with the appropriate requirements prescribed in this subpart, have been properly completed and documented.

(2)  A manufacturer who holds a ZA-TSO authorisation shall retain the records referred to in sub-regulation (1)(a) until it no longer manufactures the article concerned: Provided that at such time copies of such records shall be submitted to the Commissioner.

(3)  A manufacturer who holds a ZA-TSO authorisation shall retain the records referred to in sub-regulation (1)(b) for a period of at least five years.

ZA-TSO design approval for appliances: Import

21.12.8   (1)  An application for the issuing of a ZA-TSO design approval shall be made in writing to the Commissioner and shall be accompanied by –

 

(a)

proof of compliance with the requirements referred to in sub-regulation (2); and

 

(b)

the appropriate fee as prescribed in Part 187.

(2)  A ZA-TSO design approval may be issued for an appliance which is manufactured in a foreign State with which the South African government has entered into an agreement for the acceptance of the appliance for export and import and which is to be imported into the Republic if:

 

(a)

the appropriate authority of the State in which the appliance was manufactured, certifies that the appliance has been examined and tested and complies with –

(i)

the applicable ZA-TSO; or

(ii)

the appropriate performance standards prescribed by the appropriate authority of the State in which the appliance was manufactured and any other performance standards as prescribed in Document SA-CATS-AR to provide a level of safety provided by the applicable ZA-TSO; and

 

(b)

the manufacturer has submitted to the Commissioner one copy of the technical data required in the appropriate performance standards through the appropriate authority.

(3)  The Commissioner shall issue a ZA-TSO design approval if the applicant complies with the requirements referred to in sub-regulation (2), and shall list any deviation granted to the manufacturer in terms of regulation 21.12.5.

(4)  After the Commissioner has issued a ZA-TSO design approval and the appropriate authority of the State in which the appliance was manufactured, issues an export certificate of airworthiness referred to in regulation 21.10.1, the manufacturer shall be authorised to identify the appliance in accordance with the ZA-TSO marking requirements referred to in regulation 21.12.4(d) and in the applicable ZA-TSO.

(5)  Each appliance shall be accompanied by an export certificate of airworthiness referred to in sub-regulation (3).

Transferability and period of validity

21.12.9   (1)  A ZA-TSO authorisation issued in terms of regulation 21.12.3 shall –

 

(a)

not be transferable; and

 

(b)

be valid until it is surrendered by the holder thereof, or is suspended by an airworthiness inspector, or cancelled by the Commissioner, in terms of regulation 21.01.6.

(2)  A letter of ZA-TSO design approval issued in terms of regulation 21.12.8 shall –

 

(a)

not be transferable; and

 

(b)

be valid until it is surrendered by the holder thereof; or is suspended by an airworthiness inspector, or cancelled by the Commissioner, in terms of regulation 21.01.6.

(3)  The holder of a ZA-TSO authorisation or a ZA-TSO design approval, which is suspended, shall forthwith produce the authorisation or approval upon suspension thereof, to the airworthiness inspector concerned for the appropriate endorsement.

(4)  The holder of a ZA-TSO authorisation or a ZA-TSO design approval, which is cancelled, shall within 30 days from the date on which the authorisation or approval is cancelled, surrender such authorisation or approval to the Commissioner.




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