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Composition of flight crew
91.02.1 (1) The number and composition of the flight crew shall not be less than the number and composition specified in the certificate of airworthiness, the aircraft flight manual referred to in regulation 91.03.2 or any other document associated with the certificate of airworthiness.
(2) The flight crew members shall –
(a)
be competent and qualified to perform the duties assigned to them; and
(b)
hold the appropriate valid flight crew member licences and ratings.
(3) The flight crew shall include at least one member who holds a valid radiotelephony operator licence or an equivalent document issued by an appropriate authority, authorising such member to operate the type of radio transmitting equipment to be used.
(4) In the case of a multi-pilot crew, the owner or operator shall designate one pilot among the flight crew as pilot-in-command of the aircraft and the pilot-in-command may delegate the conduct of the flight to another suitably qualified pilot.
Flight crew member emergency duties
91.02.2 (1) The owner or operator and, where appropriate, the pilot-in-command of a multi-crew aircraft shall assign to each flight crew member concerned, the necessary functions to be performed in an emergency or a situation requiring emergency evacuation.
(2) The functions referred to in sub-regulation (1) shall be such as to ensure that any reasonably anticipated emergency can be adequately dealt with and shall take into consideration the possible incapacitation of individual flight crew members.
Flight crew member responsibilities
91.02.3 (1) No person shall act as a flight crew member of an aircraft –
(a)
whilst using any narcotic substance or drug which may affect his or her faculties in any manner that may jeopardize safety;
(b)
within 24 hours following scuba diving by such flight crew member;
(c)
within 72 hours following blood donation by such flight crew member;
(d)
if the flight crew member knows or suspects that he or she is suffering from or, having due regard to the circumstances of the flight to be undertaken, is likely to suffer from fatigue to such an extent that it may endanger the safety of the aircraft or its occupants; or
(e)
if the flight crew member is in any doubt of being able to accomplish his or her assigned duties on board the aircraft.
(2) No flight crew member shall –
(a)
consume any alcohol less than 8 hours prior to commencing standby for operational duty or commencing operational duty, which operational duty shall be deemed to commence at the specified reporting time, if applicable;
(b)
commence an operational duty period while the concentration of alcohol in any specimen of blood taken from any part of his or her body, is more than 0,02 gram per 100 millilitres; or
(c)
consume alcohol during flight duty or whilst on standby, or within eight hours after an accident or reportable incident involving the aircraft, unless the accident or incident was not related to his or her duties.
(3) Subject to the provisions of sub-regulation (4), no person shall act as a flight crew member of an aircraft if, prior to each flight, the flight time exceeds, or is likely to exceed, the permissible aggregate of –
(a)
in the case of an operation other than an operation referred to in paragraph (e), irrespective of whether such operation is carried out under a licence issued in terms of the Air Services Licensing Act, 1990 (Act No. 115 of 1990), or the International air Services Act, 1993 (Act No. 60 of 1993) –
(i)
400 hours, during the preceding 90 days;
(ii)
700 hours, during the preceding 6 months; or
(iii)
1000 hours, during the preceding 12 months;
(b)
in the case of flight instructors conducting ab initio training, six hours within one calendar day;
(c)
as part of a multi-pilot crew for a flight to be undertaken wholly or partly under instrument flight rules –
(i)
120 hours, during the preceding 30 days;
(ii)
300 hours, during the preceding 90 days; or
(iii)
1000 hours, during the preceding 12 months;
(d)
as the sole pilot of an aircraft for a flight to be undertaken wholly or partly under instrument flight rules –
(i)
100 hours, during the preceding 30 days; or
(ii)
1000 hours, during the preceding 12 months; or
(e)
in the case of an operation carried out in terms of Part 121, Part 127, Part 135, Part 138 or Part 141, the limitations of the flight time and duty scheme that have been approved for the operation by the Commissioner.
(4) If a flight crew member expects his or her cumulative flight hours projected for a particular operation, to exceed the appropriate limit referred to in sub-regulation (3),the flight crew member shall inform the operator accordingly.
Recency
91.02.4 (1) A pilot shall not act as pilot-in-command of any aircraft carrying passengers by day, unless such pilot has, within the 90 days immediately preceding the flight, carried out either by day or by night at least three take-offs and three landings in the same class or similar type and category of aeroplane, and in the case of a helicopter three circuits including three take-offs and three landings in the same type of helicopter, as that in which such flight is to be undertaken, or in an approved flight simulation device (FSTD). In the case of a tail-wheel aeroplane, each landing shall be carried out to a full stop.
(2) A pilot shall not act as pilot-in-command of any aircraft carrying passengers by night, unless the pilot has, within the 90 days immediately preceding the flight, carried out at least three take-offs and three landings by night, in the same class or similar type and category of aeroplane, and in the case of a helicopter three circuits including three take-offs and three landings in the same type of helicopter, as that in which such flight is to be undertaken, or in an approved FSTD. In the case of a tail-wheel aeroplane, each landing shall be to a full stop.
(3) Where the take-off and landing requirement referred to in sub-regulations (1) and (2) have been satisfied in a multi-engine aircraft, the requirement shall be deemed to have been met in respect of single-engine aircraft as well.
(4) A pilot shall not act as pilot-in-command of an aircraft on an instrument approach to an aerodrome in IMC unless the pilot has, within the 90 days immediately preceding such approach procedure or procedures established by the Commissioner or an appropriate authority –
(a)
executed at least two approaches in an aircraft either under actual or simulated conditions, with reference to flight instruments only; or
(b)
executed at least one approach in an aircraft, either under actual or simulated conditions with reference to flight instruments only r; or
(c)
executed at least one approach in an aircraft under actual or simulated conditions with reference to flight instruments only and one approach in an approved FSTD; or
(d)
undergone the appropriate skill test as prescribed in Subpart 61.15 of Part 61 of these Regulations.
Flight crew members at duty stations
91.02.5 (1) In the case of a multi-crew aircraft –
(a)
each flight crew member shall be at his or her assigned station or seat, properly secured by all seat belts and shoulder harnesses provided, during take-off and landing and whenever deemed necessary by the pilot-in-command in the interests of aviation safety;
(b)
each flight crew member shall keep his or her seat belt fastened while at his or her assigned station, during phases of the flight, other than the phases referred to in sub-paragraph (a);
(c)
each flight crew member required to be on flight deck duty, shall be at his or her assigned station, during take-off and landing;
(d)
all flight crew members on flight deck duty shall remain at their assigned stations during all phases of the flight other than the phases referred to in sub-paragraph (c): Provided that –
(i)
a flight crew member may leave his or her assigned station, in the course of the performance of his or her duties with regard to the operation of the aircraft or of for physiological needs; and
(ii)
at least one suitably qualified pilot remains at the controls of the aircraft at all times.
(e)
the pilot-in-command or, where applicable, the operator shall ensure that flight crew members do not perform any activities during critical phases of the flight other than those required for the safe operation of the aircraft.
(2) In the case of a single-pilot aircraft, the pilot-in-command shall, during all phases of the flight, remain at the controls of the aircraft.
Laws, regulations and procedures
91.02.6 (1) In an emergency situation which endangers the aircraft, flight crew members or passengers, the pilot-in-command may, in the interests of aviation safety –
(a)
take any action which he or she considers necessary under the circumstances; and
(b)
deviate from any law, regulation and operational procedure of the State within or over the territory of which the aircraft is operated.
(2) If a pilot-in-command deviates from any law, regulation or operational procedure in an emergency situation referred to in sub-regulation (1), he or she shall notify the appropriate authority of the State within or over the territory of which the deviation occurs, of such deviation without delay.
(3) If the appropriate authority of the State within or over the territory of which the deviation occurs, requests the pilot-in-command to submit a report on such deviation, the pilot-in-command shall submit the report –
(a)
within the period specified by such appropriate authority, to such appropriate authority; and
(b)
within 10 days from the date on which such report is requested by such appropriate authority, to the Commissioner.
Duties of pilot-in-command regarding flight preparation
91.02.7 (1) The pilot-in-command of an aircraft shall not commence a flight unless he or she is satisfied that –
(a)
the aircraft is airworthy;
(b)
the instruments and equipment required for the particular type of operation to be undertaken, are installed and are serviceable, except as provided for in the MEL, if any;
(c)
the aircraft has been released to service in accordance with Part 43;
(d)
the mass of the aircraft does not exceed the maximum certificated mass calculated from the performance information provided in the aircraft flight manual referred to in regulation 91.03.2, in terms of which the operating limitations referred to in subpart 9 are complied with;
(e)
the load carried by the aircraft is properly secured, fit to be conveyed in accordance with Part 92 and is so distributed that the centre of gravity is within the limits prescribed in the aircraft flight manual referred to in regulation 91.03.2;
(f)
in respect of aeroplanes operated in terms of Part 121 or Part 135, an operational flight plan which complies with the criteria in the operations manual, is completed for each intended flight;
(g)
an air traffic service flight plan referred to in regulation 91.03.4, has been properly completed and filed with the appropriate air traffic service unit, if such flight plan is required in terms of regulation 91.03.4;
(h)
all the documents and forms required to be carried on board, current maps, charts and associated documents, if any, are carried;
(i)
a check has been completed indicating that the operating limitations referred to in subpart 9 will not be exceeded;
(j)
the search and rescue information, referred to in regulation 91.01.4, is available on board;
(k)
the requirements in respect of fuel, oil, oxygen, minimum safe altitudes, aerodrome operating minima and availability of alternate aerodromes are complied with;
(l)
the aerodrome operating minima are not less than the operating minima of the aerodrome being operated to or from, established by the appropriate authority of the State in which the aerodrome is located, unless such appropriate authority approves lower aerodrome operating minima;
(m)
the status of the aircraft and the relevant airborne systems appropriate for the specific flight to be undertaken;
(n)
the external surfaces are clear of any deposit which might adversely affect the performance or controllability of the aircraft, unless otherwise permitted in the aircraft flight manual referred to in regulation 91.03.2;
(o)
according to the information available to him or her, the weather at the aerodrome and, in respect of an aeroplane, the condition of the runway intended to be used, will not prevent a safe take-off and departure or a safe landing at the destination aerodrome or alternate aerodrome, as applicable;
(p)
the RVR or visibility in the take-off direction of the aircraft is equal to, or better than, the applicable minimum;
(q)
the flight crew members are properly qualified for the specific operation to be undertaken;
(r)
the status of the visual and non-visual facilities is sufficient prior to commencing a low visibility take-off, or a Category II or III approach as specified in Document SA-CATS-OPS 91, if such approaches are planned;
(s)
an adequate and suitable aerodrome as specified in Document SA-CATS-OPS 91, is available for take-off, en route and destination, should it become inadvisable to continue to or land at the destination aerodrome; and
(t)
the flight crew members are not apparently incapacitated as a result of injury, sickness, fatigue or the consumption of alcohol or drugs having a narcotic effect.
(u)
if flight in RVSM airspace is contemplated –
(i)
the aircraft has been approved by the Commissioner for RVSM operations;
(ii)
the minimum required equipment pertaining to height keeping and alerting systems is installed and serviceable; and
(iii)
no airframe or operating restrictions prevent operation in the particular RVSM airspace.
(2) The pilot-in-command of an aircraft shall –
(a)
not commence a flight unless he or she has ascertained through the relevant NOTAM, AIC, AIP or AIP SUP that the aerodromes, navigation aids and communication facilities are adequate for the manner in which the flight is to be conducted;
(b)
prior to take-off from an aerodrome at which an air traffic service unit is in operation, determine through the aeronautical information services available from the unit or any other reliable source, that the unserviceability of any aerodrome, navigation aids or communication facilities required for such flight, will not prejudice the safe conduct of the flight; and
(c)
advise an air traffic service unit, as soon as it is practical to do so, of any inadequate facilities encountered in the course of operations.
(3) Where a load and trim sheet is required in terms of these Regulations, the load and trim sheet shall be acceptable to and countersigned by the pilot-in-command before a flight commences: Provided that if the load and trim sheet is submitted to the pilot-in-command by electronic data transfer, commencement of the flight shall be deemed to be the acceptance thereof by such pilot-in-command.
(4) Before take-off and landing, and whenever deemed necessary in the interest of aviation safety, the pilot-in-command shall ensure that all flight crew, passengers, equipment and baggage is properly secured and all exit and escape paths are unobstructed.
Duties of pilot-in-command regarding flight operations
91.02.8 (1) The pilot-in-command of an aircraft shall be responsible for–
(a)
the operation and safety of the aircraft while he or she is in command;
(b)
the conduct and safety of flight crew members and passengers carried; and
(c)
the maintenance of discipline by all persons on board;
(2) The pilot-in-command of the aircraft shall have the authority–
(a)
to give such commands he or she deems necessary in the interest of the safety of the aircraft, persons or property; and
(b)
to disembark any person or cargo which in his or her opinion, represents a potential hazard to the safety of the aircraft, persons or property.
(3) The pilot-in-command of the aircraft shall ensure that all passengers are informed as to–
(a)
when and how oxygen equipment is to be used, if the carriage of oxygen is required;
(b)
the location and use of life jackets or equivalent individual flotation devices, where the carriage thereof is required;
(c)
the location and method of opening emergency exits;
(d)
when seat belts are to be fastened;
(e)
when smoking is prohibited; and
(f)
when portable electronic devices may be used.
(4) The pilot-in-command of an aircraft shall –
(a)
ensure that the pre-flight inspection has been carried out, and that the checklists, and where applicable, the flight deck procedures and other instructions regarding the operation of the aircraft, the limitations contained in the aircraft flight manual referred to in regulation 91.03.2, or equivalent certification document, are fully complied with at the appropriate times during a flight;
(b)
decide whether or not to accept an aircraft with unserviceabilities allowed by the CDL or MEL, where applicable;
(c)
before take-off, ensure that the passengers are briefed on the location and general manner of use of the relevant emergency equipment carried for collective use and, when an emergency arises, shall instruct the passengers to take such emergency action as may be appropriate;
(d)
ensure that during take-off and landing and whenever, by reason of turbulence or any emergency occurring during a flight, the precaution is considered necessary, all persons on board the aircraft are secured in their seats by means of the seat belts or shoulder harnesses provided;
(e)
when replanning, whilst in flight, to proceed along a route or to a destination other than the route or destination originally planned, shall amend the operational flight plan, if such a plan was required in terms of regulation 91.02.7(1)(f);
(f)
report any accident or incident involving the aircraft in accordance with Part 12;
(g)
report any dangerous goods accident or incident involving the aircraft in accordance with Part 92;
(h)
if the aircraft is endangered in flight by a near collision with any other aircraft or object, faulty air traffic procedure or lack of compliance with applicable procedures by an air traffic service unit or a flight crew member or a failure of air traffic service facilities, submit an air traffic service incident report in accordance with regulation 12.02.2;
(i)
record any technical defect and the exceeding of any technical limitation which occurred while he or she was responsible for the flight, in the flight folio; and
(j)
if a potentially hazardous condition such as bird accumulation, an irregularity in a ground or navigation facility, meteorological phenomena, a volcanic ash cloud or a greater than normal radiation level is observed during flight, notify an air traffic service unit as soon as possible.
(k)
If the aircraft is equipped with an ELT, prior to engine shut-down at the end of each flight as part of the post-flight checks, tune the VHF receiver to 121,5 MHz to listen for ELT activation. If the ELT has been activated inadvertently as the result of a hard landing or for other reasons, this shall be reported–
(i)
immediately through the nearest ATS unit to the ARCC; and
(ii)
in the appropriate flight log as maintenance may be required before it is returned to service.
(l)
report any occurrence of height keeping errors encountered in an RVSM environment, as prescribed in paragraph (7) of Section 8 of Technical Standard 91.07.31 in Document SA-CATS-OPS 91;
(5) The pilot-in-command of the aircraft shall ensure that –
(a)
breathing oxygen is available to flight crew members and passengers if flights in a non-pressurised aircraft are contemplated above 10 000 feet and up to 12 000 feet in excess of 120 minutes intended flight time, or above 12 000 feet; and
(b)
breathing oxygen is carried in sufficient quantities for all flights at such altitudes where a lack of oxygen might result in impairment of faculties of flight crew members, or harmfully affect passengers.
(6) The pilot-in-command of the aircraft shall not –
(a)
require a flight crew member to perform any duties during a critical phase of the flight, except those duties required for the safe operation of the aircraft;
(b)
permit any activity during a critical phase of the flight which could distract any flight crew member from the performance of his or her duties or which could interfere in any way with the proper conduct of those duties; and
(c)
continue a flight beyond the nearest suitable aerodrome in the event of a flight crew member becoming unable to perform any essential duties as a result of fatigue, sickness or lack of oxygen.
(7) The pilot-in-command of an aircraft, or in his or her absence, the owner or operator thereof, shall report any act of unlawful interference with the operation of the aircraft, or the authority of the pilot-in-command –
(a)
if the act of unlawful interference occurs within the Republic, to the Commissioner; or
(b)
if the act of unlawful interference occurs within or over the territory of a foreign State, to the appropriate authority of the State and the Commissioner.
(8) The pilot in command of an aircraft, that is equipped with a flight deck door, shall ensure that at all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival, that the flight deck door is closed and locked from within the flight deck.
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