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Standards and procedures
94.06.1 (1) Any person operating a non-type certificated aircraft for aviation recreational purposes or in air displays, shall comply with the standards and procedures determined by the organisation approved for the purpose in terms of Part 149, if any, and if applicable.
(2) Any person operating a non-type certificated aircraft for aviation recreational purposes shall be a bona fide member of an applicable aviation recreation organisation approved by the Commissioner in terms of Part 149 and abide by its constitution and code of conduct, if any.
(3) For the purposes of this Subpart, and until such time that an organisation has been approved in terms of Part 149, any person operating a non-type certificated aircraft for aviation recreational purposes or in air displays, shall comply with the flight operation standards and procedures prescribed for its members by the national body representative of the particular aviation sport, provided that these standards and procedures include those prescribed in, and are not in conflict with, the provisions of this Part.
Operation of paragliders, including powered paragliders and paratrikes
Notwithstanding the provisions of –
(a)
regulation 91.03.2 and regulation 91.03.5, a person may operate a paraglider without carrying on board a current, approved flight manual or flight folio;
(b)
regulation 91.03.7, a person may operate a paraglider without a certificate of release to service;
(c)
Subpart 4 of Part 91, a person may operate a paraglider if the paraglider has been equipped with –
(i)
a safety harness or safety belt for each person on board the paraglider;
(ii)
in the case of flights above 500 feet AGL, an altimeter that is accurate to within approximately 100 feet; and
(iii)
in the case of flight over water beyond gliding distance from shore, one lifejacket or individual flotation device for each person on board, worn by such persons.
(d)
regulation 91.06.7(5), the pilot-in-command of a paraglider, overtaking another paraglider or hang-glider soaring on a ridge, shall pass on the ridge side of the overtaken paraglider or hang-glider;
(e)
regulation 91.06.21, a person may operate a paraglider to 500 feet vertically below cloud –
(i)
up to a maximum altitude of 19 500 feet above MSL in class G airspace; and
(ii)
up to a maximum altitude of 19 500 feet above MSL in Class E airspace, other than transponder-mandatory airspace;
(f)
regulation 91.07.2, the pilot-in-command of a paraglider may fly the paraglider below 500 feet AGL for the purpose of ridge soaring if such paraglider is flown in a manner that does not endanger persons or property on the ground;
(g)
regulation 139.01.1(2)(b), the pilot in-command of a paraglider may use any suitable area to launch the paraglider: Provided permission has obtained from the owner of the site or the local authority having jurisdiction; and provided furthermore that in the case of flight training or tandem operations, only launch sites approved by the Commissioner or by the organisation designated for the purpose in terms of Part 149, as the case may be, shall be used.
Each person on board a paraglider shall wear a serviceable, rigid, protective helmet of a type approved by the Commissioner or by the organisation designated for the purpose in terms of Part 149.
In addition to the restrictions imposed by regulation 94.05.1, no paraglider operation shall be conducted –
(a)
over a built-up area; or
(b)
higher than 19 500 feet above MSL.
(4) Paraglider launching winches
(a)
On every winch, used for the launching of paragliders, a means shall be provided for the severing of the launching cable.
(b)
The means referred to in paragraph (a) shall be subject to the approval of the Commissioner or the organisation, approved for the purpose in terms of Part 149, as the case may be, and shall be so positioned that it can be easily and readily operated by the winch operator.
(a)
No person may operate a paraglider with a passenger, unless that person holds a valid tandem rating.
(b)
Tandem operations shall be limited to two persons, including the pilot.
(c)
For tandem operations the carriage of a back-up parachute is compulsory.
Operation of gyroplanes
Notwithstanding the provisions of –
(a)
regulation 91.03.2 and regulation 91.03.5, a person may operate a non-type certificated gyroplane or gyroglider without carrying on board a current, approved flight manual or flight folio;
(b)
regulation 91.03.7, a person may operate a non-type certificated gyroplane or gyroglider if the gyroplane or gyroglider has been issued with a certificate of release to service by an appropriately rated Approved Person;
(c)
Subpart 4 of Part 91, a person may operate a non-type certificated gyroplane or gyroglider if the gyroplane or gyroglider has been equipped with –
(i)
a seat with an approved safety harness or safety belt for each person on board the gyroplane or gyroglider;
(ii)
a map which covers the complete route of the proposed flight;
(iii)
in the case of flights above 500 feet AGL, an altimeter that is accurate to within approximately 100 feet;
(iv)
a rotor brake; and
(v)
in the case of flight over water beyond autorotative distance from shore, one lifejacket or individual flotation device for each person on board, stored in a position easily accessible for such persons, or alternatively worn by such persons.
In addition to the restrictions imposed by regulation 94.05.1, no gyroplane or gyroglider operation shall be conducted above 1 000 feet AGL unless fitted with an approved, serviceable compass.
Operation of manned free balloons
Notwithstanding the provisions of –
(a)
regulation 91.03.7, a person may operate a non-type certificated manned free balloon if the balloon has been issued with a certificate of release to service by an appropriately rated Approved Person;
(b)
Subpart 4 of Part 91, a person may operate a non-type certificated manned free balloon if the balloon has been equipped with –
(i)
a map which covers the complete route of the proposed flight;
(ii)
an approved sensitive altimeter;
(iii)
a rate-of-climb indicator;
(iv)
a fire extinguisher;
(v)
gloves;
(vi)
a handling line;
(vii)
in the case of a hot-air balloon:
(aa)
two alternate methods of ignition;
(bb)
a fuel quantity gauge;
(cc)
envelope temperature indicator; and
(viii)
in the case of flight over water, one lifejacket or individual flotation device for each person on board, stored in a position easily accessible for such persons, or alternatively worn by such persons.
In addition to the restrictions imposed by regulation 94.05.1, no manned free balloon operation shall be conducted over any built-up areas below 3 000 feet.
Operation of captive balloons
(1) Captive balloons are exempted from these regulations –
(a)
except from regulation 94.05.1; and
(b)
provided that no captive balloon operation shall be conducted –
(i)
higher than 150 feet above the surface; or
(ii)
from or above a public road;
unless with the prior approval of the Commissioner and on conditions determined by him or her.
(2) In the event of a captive balloon breaking free from its moorings, the operator thereof shall immediately report the occurrence to the nearest air traffic service unit, indicating the direction in which the balloon is drifting.
Operation of unmanned free balloons
(1) Unmanned free balloons are exempted from these regulations, except that no unmanned free balloon operations shall take place without the prior permission of the Commissioner and on the conditions determined by him or her.
(2) For purposes of this regulation, the mass release of toy balloons shall considered to be the launch of an unmanned free balloon.
Operation of amateur-built or production-built aircraft, including microlight aeroplanes
Notwithstanding the provisions of –
(a)
regulation 91.03.2 and regulation 91.03.5, a person may operate an amateur-built or production-built aircraft, including a microlight aeroplane, without carrying on board a current, approved flight manual or flight folio should such carriage not be safely possible;
(b)
regulation 91.03.7, a person may operate an amateur-built or production-built aircraft, including a microlight aeroplane, if the aircraft has been issued with a certificate of release to service by an appropriately rated Approved Person;
(c)
Subpart 4 of Part 91, a person may operate an amateur-built or production-built aircraft, including a microlight aeroplane, if the aircraft has been equipped with –
(i)
a seat with an approved safety harness or safety belt for each person on board the aircraft;
(ii)
a map which covers the complete route of the proposed flight; and
(iii)
in the case of flight over water beyond gliding or autorotative distance from shore, one lifejacket or individual flotation device for each person on board, stored in a position easily accessible for such persons, or alternatively worn by such persons.
In addition to the restrictions imposed by regulation 94.05.1, no microlight aeroplane shall be operated above 500 feet AGL unless fitted with –
(a)
an approved, serviceable compass; and
(b)
an altimeter that is accurate to within approximately 100 feet.
Operation of gliders
Notwithstanding the provisions of –
(a)
regulation 91.03.2 and regulation 91.03.5, a person may operate a non-type certificated glider without carrying on board a current, approved flight manual or flight folio should such carriage not be safely possible;
(b)
regulation 91.03.7, a person may operate a non-type certificated glider if the glider has been issued with a certificate of release to service by an appropriately rated Approved Person;
(c)
Subpart 4 of Part 91, a person may operate a non-type certificated glider if the glider has been equipped with –
(i)
a seat with an approved safety harness or safety belt for each person on board the glider;
(ii)
a map which covers the complete route of the proposed flight;
(iii)
in the case of flights above 500 feet, an altimeter that is accurate to within approximately 100 feet; and
(iv)
in the case of flight over water beyond gliding distance from shore, one lifejacket or individual flotation device for each person on board, stored in a position easily accessible for such persons, or alternatively worn by such persons;
(d)
regulation 139.01.1(2)(b), a person may land a glider, operated in training, at suitable sites other than a licensed aerodrome: Provided that this exemption shall not override a landowner’s rights in respect of trespassing.
In addition to the restrictions imposed by regulation 94.05.1, no glider operation shall be conducted over a built-up area.
(a)
On every winch, used for the launching of gliders, a means shall be provided for the severing of the launching cable.
(b)
The means referred to in paragraph (a) shall be subject to the approval of the Commissioner or the organisation, approved for the purpose in terms of Part 149, as the case may be, and shall be so positioned that it can be easily and readily operated by the winch operator.
Operation of hang-gliders
Notwithstanding the provisions of –
(a)
regulation 91.03.2 and regulation 91.03.5, a person may operate a hang-glider without carrying on board a current, approved flight manual or flight folio;
(b)
regulation 91.03.7, a person may operate a hang-glider without a certificate of release to service;
(c)
Subpart 4 of Part 91, a person may operate a hang-glider if the hang-glider has been equipped with –
(i)
an approved safety harness or safety belt for each person on board the hang-glider;
(ii)
in the case of flights above 500 feet AGL, an altimeter that is accurate to within approximately 100 feet; and
(iii)
in the case of flight over water one lifejacket for each person on board and worn by such persons;
(d)
Sub-regulation 91.06.7(5), the person operating a hang-glider overtaking another hang-glider or paraglider soaring on a ridge shall pass on the ridge side of the overtaken hang-glider or paraglider;
(e)
regulation 91.06.21, a person may operate a hang-glider to 500 feet vertically below cloud –
(i)
up to a maximum altitude of 19 500 feet above MSL in class G airspace; and
(ii)
up to a maximum altitude of 19 500 feet above MSL in Class E airspace, other than transponder-mandatory airspace;
(f)
regulation 91.06.32, a person may operate a hang-glider below 500 feet AGL for the purpose of ridge soaring: Provided such hang-glider is flown in a manner that does not endanger persons or property on the surface;
(g)
regulation 139.01.1(2)(b), the pilot in-command of a hang-glider may use any suitable area to launch the hang-glider: Provided permission has been obtained from the owner of the site or the local authority having jurisdiction; and Provided furthermore that in the case of flight training or tandem operations, only launch sites approved by the Commissioner or by the organisation designated for the purpose in terms of Part 149, as the case may be, shall be used.
Each pilot and passenger of a hang-glider shall wear a serviceable, rigid, protective helmet of a type approved by the Commissioner or by the organisation designated for the purpose in terms of Part 149.
In addition to the restrictions imposed by regulation 94.05.1, no hang-glider operation shall be conducted –
(a)
over a built-up area; or
(b)
higher than 19 500 feet above MSL.
(4) Hang-glider launching winches
(a)
On every winch, used for the launching of hang-gliders, a means shall be provided for the severing of the launching cable.
(b)
The means referred to in paragraph (a) shall be subject to the approval of the Commissioner or the organisation, approved for the purpose in terms of Part 149, as the case may be, and shall be so positioned that it can be easily and readily operated by the winch operator.
(a)
No person may operate a hang-glider with a passenger, unless that person holds a valid tandem rating.
(b)
Tandem operations shall be limited to two persons, including the pilot.
(c)
The pilot-in-command shall carry a tandem-rated reserve parachute during tandem operations.
(a)
No person may operate a hang-glider in an aero-tow operation unless such person is the holder of an appropriately endorsed licensed.
(b)
The requirements for the issue of an aero-tow endorsement are those prescribed in Part 62.
Operation of line-controlled kites
Line-controlled kites are exempted from these regulations –
(a)
except from regulation 94.05.1; and
(b)
provided that no line-controlled kite shall be flown –
(i)
higher than 150 feet above the surface;
(ii)
from or above a public road; or
(iii)
on the approaches to any aerodrome licensed or approved in terms of Part 139 of these regulations,
unless with the prior approval of the Commissioner and on conditions determined by him or her.
Operation of model aircraft
Model aircraft are exempted from these regulations –
(a)
except from regulation 94.05.1; and
(b)
provided that no model aircraft shall be flown –
(i)
higher than 150 feet above the surface; or
(ii)
from or above a public road;
unless –
(iii)
with the prior approval of the Commissioner and on conditions determined by him or her; or
(iv)
in airspace specifically approved for the purpose by the Commissioner and on conditions set by him or her for the use of such airspace.
Operation of parachutes
94.06.12 The regulations governing parachuting operations are those prescribed in Part 105 of these regulations.
Operation of ex-military jet aircraft
Further to the provisions of regulation 91.07.12, an ex-military jet aircraft shall carry sufficient fuel –
(a)
to divert from its destination aerodrome to an alternate aerodrome that is at least 100 km distant from the destination aerodrome; and
(b)
to allow for at least 10 minutes of flight at cruise-power settings when arriving over the alternate aerodrome referred to in sub-regulation (a).
(a)
Only if the Commissioner on the Authority to Fly has approved the carriage of passengers may passengers be carried in an ex-military jet aircraft.
(b)
Where applicable, the owner of an ex-military jet aircraft shall ensure that the medical and physical condition of the passenger complies with the conditions prescribed by the manufacturer of the ejection seat of the aircraft.
(c)
It is the responsibility of the owner of an ex-military jet aircraft to provide the passenger with suitable and serviceable flying equipment, protection gear and clothing.
The owner of an ex-military jet aircraft shall ensure that the passenger is thoroughly briefed on –
(a)
all the dangers associated with the flying in an ex-military jet aircraft, including the possible injuries following ejection; and
(b)
actions during flight:
(i)
the operation of switches and handles, if applicable;
(ii)
the actions and execution of commands during emergency situations;
(iii)
the actions should the pilot-in-command become incapacitated during flight; and
(iv)
any other information as seen fit by the owner or the pilot-in-command.
(a)
Oxygen Systems
Oxygen system shall be fully serviceable, unless specifically exempted, whether or not it is intended to fly the aircraft above FL 100.
(b)
Aircraft Pressurisation
Aircraft pressurisation systems shall be fully serviceable, unless specifically exempted, irrespective of the altitudes it is intended that the aircraft be flown.
(c)
Ejection Seats
Where ejection seats are an integral part of the aircrew escape system, as specified in the relevant Flight Manual or Aircrew Notes, they shall be fully serviceable for all flights unless specifically exempted, and all occupants shall have been suitably instructed in their use.
(d)
Flying Clothing and Equipment
(i)
Certain items of flying clothing and personal equipment are an integral part of the aircraft safety equipment, such as life-saving jackets with dinghy connections or personal equipment connectors with oxygen connections. Where the appropriate clothing, equipment or systems are required for flight, these additional items shall be made available and be fully serviceable.
(ii)
Unless specifically exempted, all occupants of an ex-military jet or turbo-prop aircraft shall wear protective helmets, equipped with suitable visors and facilitating communication.
(iii)
Aircraft that are to be operated over large water masses beyond gliding distance from shore shall be equipped with suitable survival equipment, and the occupants shall wear suitable survival clothing and equipment.
(e)
Emergency and Backup Systems
Systems under this heading are invariably an integral part of the aircraft build standard and will have been installed with certain emergencies in mind (i.e. emergency undercarriage lowering, or hood opening or jettison). All such systems shall be serviceable for flight, unless specifically exempted.
(f)
Instrumentation for Flight under IFR and Standby Instrumentation
Where permission has been granted to operate the aircraft in instrument meteorological conditions (IMC), all instrumentation and equipment normally required for operation in IMC according to Instrument Flight Rules (IFR) shall have been fitted and be serviceable in accordance with the provisions of Part 91 of the Regulations.
(g)
Weaponry
(i)
Where weaponry are an integral part of the aircraft, such weaponry shall be permanently de-activated, or be removed and replaced by ballast to ensure that the correct mass and centre of gravity of the aircraft is maintained.
(ii)
The carriage of external weaponry is prohibited.
(h)
External Equipment
Where aircraft are capable of carrying external fuel tanks, whether jettisonable or not, such fuel tanks may be used: Provided that all systems applicable to the fuel tanks are serviceable. The pilot must also be fully qualified in the handling of the aircraft with and without the external fuel tanks (including asymmetric flight) and conversant with the jettison restrictions, limits and implications.
Display Authorization
94.06.14 (1) When a non-type certificated aircraft, classified in the paragraphs (a) to (g) of sub-regulation 24.01.1(2), is to participate in a public flying demonstration, the pilot-in-command shall be the holder of an appropriate Display Authorization.
(2) The Display Authorization may be issued by the Commissioner or by an organisation approved for the purpose in terms of Part 149, as the case may be, in writing if he, she or it is satisfied that –
(a)
the pilot has the required experience; and
(b)
the proposed display sequence can be executed safely with the particular aircraft.
(3) The Display Authority shall be issued on the form prescribed in SA-CATS-OPS 94, and shall detail the aircraft to be used, its configuration, the sequence to be flown, and any other condition that may be imposed by the Commissioner or by the organisation approved for the purpose in terms of Part 149, as the case may be, at his, her or its discretion in the interest of flight and public safety.
(4) The following information shall be submitted to the Commissioner or the organisation approved for the purpose in terms of Part 149, as the case may be, when applying for a Display Authorization:
(a)
a summary of the pilot’s total flying experience and details of experience on the type of aircraft to be flown in the display;
(b)
a detailed list of previous air display experience, to include events, dates, duration, aircraft types, and sequences flown;
(c)
the details of the sequence for which Display Authorization is sought, including:
(i)
good weather sequence; and
(ii)
bad weather sequence, where the weather conditions, such as cloud ceiling, impose a restriction on the good weather display sequence.
The sequences shall be submitted in textual and graphical form, with the minimum meteorological conditions for each sequence specified.
(d)
The specific procedures to be followed for possible emergencies that may arise during the display, including the listing of diversion aerodromes.
(e)
Details of the aircraft in the configuration to be used in the display, including take-off mass, take-off fuel and landing fuel.
(5) The application shall be made in the form prescribed in SA-CATS-OPS 94.
(6) The application shall be accompanied by the appropriate fee prescribes in Part 187.
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