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Applicability
21.01.1 (1) This part shall apply to –
(a)
the type certification of products to be manufactured in the Republic ;
(b)
the approval of changes to type certificates;
(c)
the type acceptance certification of products to be imported into the Republic;
(d)
the issuing of supplemental type certificates;
(e)
the issuing of production certificates;
(f)
the airworthiness certification of aircraft;
(g)
the approval of parts and appliances to be manufactured in the Republic;
(h)
the approval of parts and appliances to be imported into the Republic;
(i)
the issuing of export airworthiness approvals; and
(j)
the issuing of ZA-TSO authorisations.
(2) This part shall not apply in respect of any –
(a)
hang glider;
(b)
paraglider;
(c)
unmanned free balloon;
(d)
captive balloon;
(e)
kite;
(f)
model aircraft;
(g)
parachute;
(h)
powered paraglider;
(i)
rigid airship; or
(j)
unmanned aerial vehicle.
Types of aircraft
21.01.2 (1) For the purposes of the regulations in this part, the types of aircraft are –
(a)
gliders, power-assisted gliders, and touring gliders;
(b)
very light aeroplanes;
(c)
aeroplanes of normal, utility, acrobatic and commuter categories;
(d)
aeroplanes of the transport category;
(e)
rotorcraft of the normal category;
(f)
rotorcraft of the transport category;
(g)
manned free balloons; and
(h)
non-rigid airships.
(2) The airworthiness design standards for each type of aircraft referred to in sub-regulation (1), are those referred to in regulation 21.02.3.
Reporting of failures, malfunctions and defects
21.01.3 (1) The holder of any type certificate, supplemental type certificate, production certificate, ZA-PMA or ZA-TSO authorisation issued in terms of the regulations in this part, shall report in writing to the Commissioner any failure, malfunction or defect in any product, part or appliance manufactured by such holder which –
(a)
has resulted in any of the occurrences specified in Document SA-CATS-AR; or
(b)
has passed through such, holder’s quality control system and may result in any of the occurrences specified in Document SA-CATS-AR.
(2) A report referred to in sub-regulation (1) shall include –
(a)
the aircraft serial number;
(b)
if the failure, malfunction or defect is associated with an article approved under ZA-TSO authorisation, the article serial number and model designation;
(c)
if the failure, malfunction or defect is associated with an aircraft engine or aircraft propeller, the engine or propeller serial number;
(d)
the product model;
(e)
an identification, including the part number, of the part, component or system involved; and
(f)
the nature of the failure, malfunction or defect.
(3) A report referred to in sub-regulation (1) shall be submitted to the Commissioner within 24 hours after the holder has become aware of the failure, malfunction or defect required to be reported: Provided that a report which was due on a –
(a)
Saturday or a Sunday, may be submitted on the following Monday;
(b)
public holiday, may be submitted on the next workday.
(4) In the event of the investigation of an accident or service difficulty report indicating that a product is unsafe because of a manufacturing or design defect, the holder concerned shall, upon the request of the Commissioner, report to the Commissioner the results of its investigation and any action taken or proposed by such holder to correct such defect.
(5) If action is required to correct the defect in existing products, the holder concerned shall submit the data necessary for the issuing of an appropriate airworthiness directive, to the Commissioner.
Issuing of airworthiness directives
21.01.4 (1) The Commissioner may issue appropriate airworthiness directives in respect of design changes which are necessary to correct the unsafe condition of a product.
(2) If the Commissioner issues an airworthiness directive for a product, the holder of any certificate issued under the regulations in this part for the product type, shall –
(a)
upon the request of the Commissioner, submit appropriate design changes to the Commissioner for approval; and
(b)
upon approval of the design changes, make the descriptive data covering the changes available to all operators of the product.
Safety inspections and audits
21.01.5 (1) An applicant for the issuing of any certificate, approval or authorisation 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 any certificate, approval or authorisation 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.
Suspension, cancellation and appeal
21.01.6 (1) An authorised officer, inspector or authorised person may suspend a certificate, approval or authorisation issued 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, approval or authorisation 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, approval or authorisation 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, approval or authorisation 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, approval or authorisation 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, approval or authorisation does not appeal against the suspension referred to in sub-regulation (1).
(10) The holder of the certificate, approval or authorisation, 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.
Register of certificates
21.01.7 (1) The Commissioner shall maintain a register of all certificates, approvals or authorisations 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 certificate, approval or authorisation;
(b)
the postal address of the holder of the certificate, approval or authorisation;
(c)
the date on which the certificate, approval or authorisation was issued; and
(d)
the nationality of the holder of the certificate, approval or authorisation.
(3) The particulars referred to in sub-regulation (2) shall be recorded in the register within seven days from the date on which the certificate, approval or authorisation is issued by the Commissioner.
(4) The register shall be kept in a safe place at the office of the Commissioner.
(5) A copy of the register shall be furnished by the Commissioner, on payment of the appropriate fee as prescribed in Part 187, to any person who requests the copy.
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