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SUBPART 3:
LICENSING AND OPERATION OF HELIPORTS
Issuing and renewal of heliport licences
139.03.1 (1) All heliport licence holders shall be in possession of a valid heliport licence.
(2) The issue and renewal of a heliport licence shall be subject to the heliport complying with the regulations, as complemented by the standards contained in the relevant ICAO Annexes and Documents listed in Document SA-CATS-AH and any recommended practice contained in these documents which the Commissioner may have incorporated as a standard.
(3) Compliance with the said regulations and standards, for the purposes of issuing or renewal of a licence shall be determined by means of audit procedures and inspections, by the South African Civil Aviation Authority, at various times, as determined by the Commissioner for Civil Aviation, during the preceding licence period or before the issuing of a new licence.
(4) The South African Civil Aviation Authority shall levy fees from heliport licence holders, upon renewal or issuing of a heliport licence, in accordance with the tariffs as published in regulation 187.00.15.
Heliport design requirements
139.03.2 (1) An applicant for the issuing of a heliport licence shall ensure that the heliport is provided with –
(a)
physical characteristics;
(b)
obstacle limitation surface;
(c)
visual aids for –
(i)
navigation;
(ii)
denoting obstacles; and
(iii)
denoting the restricted area;
(d)
equipment and installations; and
(e)
an airspace classification referred to in Part 172,
appropriate to the characteristics of the helicopters is intends to serve, the lowest meteorological minima for each touchdown area, and the ambient light conditions during the operation of helicopters.
(2) The physical characteristics, obstacle limitation surfaces, visual aids, and equipment and installations provided at the heliport shall comply with the appropriate heliport design standards as prescribed in Document SA-CATS-AH.
Operations manual
139.03.3 An applicant for the issuing of a heliport licence shall provide the Commissioner with an operations manual which shall contain –
(a)
a statement by the accountable manager and compliance officer confirming that the operations manual and any included manuals define the organisation of the applicant and demonstrate the procedures and methods for ensuring that the provisions of the regulations in this part will be complied with at all times;
(b)
particulars of the personnel referred to in regulation 139.03.5(1);
(c)
organisational chart showing lines of responsibility of the personnel referred to in regulation 139.03.5(1);
(d)
the limitations on the use of the heliport referred to in regulation 139.01.3;
(e)
a description of the characteristics of and the infrastructure available at the heliport, which, taking into consideration the limitations referred to in paragraph (d), comply with the heliport design requirements referred to in regulation 139.03.2;
(f)
the heliport emergency management system referred to in regulation 139.03.6;
(g)
a description of the heliport’s rescue and fire fighting capability which, taking into consideration the limitations referred to in paragraph (d), complies with the requirements prescribed in regulation 139.03.7;
(h)
the heliport environment management programme referred to in regulation 139.03.8;
(i)
the procedures for the notification of heliport data and information referred to in regulation 139.03.9;
(j)
the quality control system referred to in regulation 139.03.4;
(k)
a description of the security measures taken at the heliport to comply with the provisions of the Civil Aviation Offences Act, 1972 (Act No. 10 of 1972), and the regulations made thereunder;
(l)
the procedures to control, amend and distribute the operations manual; and
(m)
where applicable, the intended air traffic services and the approach and airspace categories.
Quality control system
139.03.4 (1) The applicant shall establish a quality control system containing an aviation safety programme, for the control and supervision of the operation and maintenance of the heliport and its services and facilities.
(2) The minimum standards for a quality control system shall be as prescribed in Document SA-CATS-AH.
Personnel requirements
139.03.5 (1) The applicant shall engage, employ or contract –
(a)
a senior person identified as the accountable manager and compliance officer of the organisation concerned, to whom contractual authority has been granted to ensure that all activities undertaken by the organisation are carried out in accordance with the applicable requirements prescribed in this subpart, and who shall in addition be vested with the following powers and duties in respect of the compliance with such requirements:
(i)
Unrestricted access to work performed or activities undertaken by all other persons as employees of, and other persons rendering service under contract with, the organisation;
(ii)
full rights of consultation with any such person in respect or such compliance by him or her;
(iii)
powers to order cessation of any activity where such compliance is not effected;
(iv)
a duty to establish liaison mechanisms with the Commissioner with a view to ascertain correct manners of compliance with the said requirements, and interpretations of such requirements by the Commissioner, and to facilitate liaison between the Commissioner and the organisation concerned; and
(v)
powers to report directly to the management of the organisation on his or her investigations and consultations generally, and in cases contemplated in subparagraph (iii), and with regard to the results of the liaison contemplated in subparagraph (iv);
(b)
a competent person who is responsible for quality control, and who has direct access to the accountable manager and compliance officer referred to in paragraph (a) on matters affecting the aviation safety programme; and
(c)
adequate personnel, including a heliport manager and air traffic service personnel, to operate and maintain the heliport and its services and facilities according to the requirements prescribed in this subpart.
(2) The applicant shall establish a procedure for initially assessing, and a procedure for maintaining, the competence of those personnel involved in operating and maintaining the heliport and its services and facilities.
Establishment of heliport emergency management system
139.03.6 (1) The applicant shall establish a heliport emergency management system designed to minimise the possibility and extent of personal injury and property damage on, or in the vicinity of, the heliport.
(2) The heliport emergency management system referred to in sub-regulation (1) shall –
(a)
provide for all types of emergencies likely to take place on, or in the vicinity of, the heliport; and
(b)
include –
(i)
an index depicting all aspects contained in the system;
(ii)
the types of emergencies planned for;
(iii)
call out procedures for prompt response to emergencies planned for;
(iv)
the persons involved in executing the allocated tasks;
(v)
sufficient detail to provide adequate guidance to each person responsible for executing such system;
(vi)
provision for a fully equipped emergency operations centre and command post for each type of emergency which may be encountered;
(vii)
a description of all available rescue and medical equipment and the location of such equipment;
(viii)
information on the particulars of personnel and persons to be contacted in the case of a particular emergency; and
(ix)
a grid map of the heliport and its immediate vicinity up to a radius of at least 10 kilometres.
(a)
coordinate the proposed emergency management system with all personnel and persons who have allocated responsibilities in terms of the system; and
(b)
to the extent practicable, provide for participation of all personnel and persons referred to in paragraph (a), in the establishment of the system.
Heliport rescue and fire fighting
139.03.7 (1) The applicant shall ensure that the heliport is provided with a rescue and fire fighting service, capable to provide the required level of protection necessary for maintaining the minimum level of protection required for the appropriate category of heliport.
(2) The rescue and fire fighting category of the heliport shall be determined as prescribed in Document SA-CATS-AH.
Establishment of heliport environment management programme
139.03.8 The applicant shall, in the area within its authority and where any bird and wildlife presents or is likely to present a hazard to helicopters operating to or from the heliport, establish a heliport environment management programme to minimise the effects of such hazard or potential hazard, taking due cognisance of the provisions of the Environment Conservation Act, 1989 (Act No. 73 of 1989), and the regulations made thereunder.
Notification of heliport data and information
139.03.9 (1) An applicant for the issuing of a heliport licence shall establish a procedure to notify the air traffic service unit concerned and the Commissioner –
(a)
of the heliport data and information;
(b)
of any limitation on the use of the heliport contemplated in regulation 139.01.3;
(c)
as soon as possible, of any change which may affect the use of the heliport; and
(d)
any other information required in terms of regulations in Part 175.
(2) A notification contemplated in sub-regulation (1) shall be made in the appropriate form as prescribed in Document SA-CATS-AH.
Application for licence or amendment thereof
139.03.10 An application for the issuing of a heliport licence, or an amendment thereof, shall be –
(a)
made to the Commissioner in the appropriate form as prescribed in Document SA-CATS-AH; and
(b)
accompanied by –
(i)
the operations manual referred to in regulation 139.03.3;
(ii)
the plans of the heliport;
(iii)
written approval from the local government concerned;
(iv)
an environmental impact report, if required in terms of the Environment Conservation Act, 1989;
(v)
written approval from all interested Government institutions;
(vi)
proof that the applicant is financially capable of operating the heliport;
(vii)
particulars of non-compliance with, or deviations from –
(aa)
the appropriate heliport design, operation or equipment standards prescribed in this Part; or
(bb)
the appropriate airspace classification requirements prescribed in Part 172; and
(viii)
the appropriate fee as prescribed in Part 187.
Processing of application for licence or amendment thereof
139.03.11 (1) The Commissioner shall, as soon as practicable after the receipt of an application for a heliport licence, or an amendment thereof, publish by notice in the Gazette the following particulars in respect of the application concerned:
(a)
The full name of the applicant;
(b)
full particulars of the location of the heliport; and
(c)
a reference to the date by which the representations referred to in sub-regulation (2) must be submitted to the Commissioner.
(2) Any person may, after the publication of the notice referred to in sub-regulation (1) address in writing representations to the Commissioner against or in favour of the application concerned.
Adjudication of application for licence or amendment thereof
139.03.12 (1) The Commissioner shall as soon as practicable consider an application referred to in regulation 139.03.11 together with all representations, information and other documents relating to such application which are received within the period specified in the notice published in terms of regulation 139.03.12(1).
(2) The Commissioner may grant the application if the Commissioner is satisfied that –
(a)
the applicant complies with the requirements prescribed in regulations 139.03.2 to 139.03.10 inclusive; and
(b)
granting the application will not jeopardise aviation safety.
Issuing of licence
139.03.13 (1) A heliport licence shall be issued on the appropriate form as prescribed in Document SA-CATS-AH.
(2) The licence shall specify –
(a)
the category for which the heliport is licensed; and
(b)
the restrictions, if any, relating to non-compliance with, or deviations from –
(i)
the appropriate heliport design, operation or equipment standards prescribed in this Part; and
(ii)
the appropriate airspace classification requirements prescribed in Part 172.
Period of validity
139.03.14 (1) A heliport licence shall be valid for the period determined by the Commissioner, which period shall not exceed five years, calculated from the date on which the licence is issued or renewed.
(2) The licence shall remain in force until it expires or is suspended by an authorised officer, inspector or authorised person, or cancelled by the Commissioner, in terms of regulation 139.01.8.
(3) The holder of a licence which expires, shall forthwith surrender the licence to the Commissioner.
(4) The holder of a licence which is suspended, shall forthwith produce the licence upon suspension thereof, to the authorised officer, inspector or authorised person concerned for the appropriate endorsement.
(5) The holder of a licence which is cancelled, shall, within 30 days from the date on which the licence is cancelled, surrender such licence to the Commissioner.
Transferability
139.03.15 (1) Subject to the provisions of sub-regulation (2), a heliport licence shall not be transferable.
(2) A change in ownership of the holder of a licence shall be deemed to be a change of significance referred to in regulation 139.03.16.
Changes in quality control system
139.03.16 (1) If the holder of a heliport licence desires to make any change in the quality control system referred to in regulation 139.03.4, which is significant to the showing of compliance with the appropriate requirements prescribed in this part, such holder shall apply to the Commissioner for the approval of such change.
(2) The provisions of regulation 139.03.10 shall apply mutatis mutandis to an application for the approval of a change in the quality control system.
(3) An application for the approval of a change in the quality control system shall be granted by the Commissioner if the applicant satisfies the Commissioner, upon submission of appropriate proposed changes to his, her or its operations manual, that the applicant will continue to comply with the provisions of regulations 139.03.2 to 139.03.10 inclusive, after the implementation of such approved change.
Renewal of licence
139.03.17 (1) An application for the renewal of a heliport licence shall be –
(a)
made to the Commissioner in the appropriate form as prescribed in Document SA-CATS-AH; and
(b)
accompanied by –
(i)
the updated operations manual referred to in regulation 139.03.3, if required by the Commissioner;
(ii)
proof of adequate funding;
(iii)
particulars of non-compliance with, or deviations from –
(aa)
the appropriate heliport design, operation or equipment standards prescribed in this Part; or
(bb)
the appropriate airspace classification requirements prescribed in Part 172; and
(iv)
the appropriate fee as prescribed in Part 187.
(2) The holder of the licence shall at least 60 days immediately preceding the date on which such licence expires, apply for the renewal of such licence.
Licence of intent
139.03.18 (1) Where a particular area has been demarcated for the development of a heliport, the proposed holder of a heliport licence in respect of the heliport, may apply to the Commissioner for the issuing of a licence of intent for such area.
(2) An application for the issuing of a licence of intent shall be –
(a)
made to the Commissioner in the appropriate form as prescribed in Document SA-CATS-AH; and
(b)
accompanied by –
(i)
full particulars of the particular area demarcated for the development of the heliport, and the location thereof; and
(ii)
the appropriate fee as prescribed in Part 187.
(3) The provisions of regulations 139.03.11 and 139.03.12(1) shall apply mutatis mutandis to the processing of an application for the issuing of a licence of intent.
(4) The Commissioner may grant the application if the Commissioner is satisfied that the development of the heliport will not jeopardise aviation safety.
(5) A licence of intent shall be issued on the appropriate form as prescribed in Document SA-CATS-AH.
(6) The licence of intent shall specify the conditions and the restrictions which the Commissioner deems necessary in the interests of aviation safety.
(7) A licence of intent shall –
(a)
not be transferable; and
(b)
be valid for the period determined by the Commissioner, which period shall not exceed five years, calculated from the date on which the licence of intent is issued.
General duties of holder of licence
139.03.19 (1) The holder of a heliport licence shall –
(a)
hold at least one complete and current copy of the operations manual referred to in regulation 139.03.3, at the heliport;
(b)
comply with all procedures detailed in such operations manual;
(c)
make each applicable part of such operations manual available to the personnel who require those parts to carry out their duties; and
(d)
continue to comply with the appropriate requirements prescribed in this part.
(2) The holder of the licence shall ensure that –
(a)
the heliport is maintained in a serviceable condition;
(b)
the heliport is kept free of unauthorised persons, vehicles or animals not under proper control, in compliance with the Civil Aviation Offences Act, 1972, and the regulations made thereunder;
(c)
all obstructions are marked as prescribed in Document SA-CATS-AH;
(d)
the Commissioner is informed of any alterations to or obstructions or workings on the heliport;
(e)
an apparatus to show the surface direction of the wind, is installed and functions satisfactorily;
(f)
the markings as prescribed in Document SA-CATS-AH, are maintained in a conspicuous condition, readily visible to helicopters in the air or on the ground;
(g)
the accommodation and facilities offered to the public are available and in a serviceable condition;
(h)
all apparatus installed by such holder to promote safety in flight, is functioning efficiently;
(i)
unserviceable areas on the landing terrain are appropriately marked as prescribed in Document SA-CATS-AH;
(j)
the Commissioner is informed whenever a heliport becomes unserviceable through any cause or whenever any portion of the surface of the touch-down area deteriorates to such extent that the safety of a helicopter may thereby be endangered, and helicopter operations are limited to those portions of the heliport not rendered unsafe by those conditions;
(k)
such reports on the condition of the heliport as may be required from time to time by the Commissioner, are submitted to the Commissioner;
(l)
the particulars of a foreign operator’s permit are obtained and verified, in the case where a foreign helicopter which is used by virtue of such foreign operator’s permit issued in terms of section 26(1) of the International Air Services Act, 1993 (Act No. 60 of 1993), lands at the heliport; and
(m)
an annual survey is carried out on the heliport for the purposes of the approval of let-down procedures by the Commissioner;
(3) The holder of the licence shall –
(a)
furnish the Commissioner with the heliport financial data and the heliport traffic statistics as prescribed in Document SA-CATS-AH;
(b)
in the case of a heliport which serves helicopters used in international public air transport operations, establish a facilitation committee and compile a facilitation plan in accordance with the requirements and standards as prescribed in Document SA-CATS-AH;
(c)
from 1 January 2003, be responsible for the monitoring of helicopter noise on and in the vicinity of a heliport, and the reporting of violations to the Commissioner, in accordance with the requirements and standards as prescribed in Document SA-CATS-AH; and
(d)
when the air traffic service unit at the aerodrome is not in operation, be responsible for the maintenance of flying discipline on, and in the vicinity of, such heliport.
Works on heliport
139.03.20 (1) The holder of a heliport licence shall establish procedures and take precautions to ensure that any works carried out on the heliport, do not endanger any helicopter operations.
(2) The procedures to be established and precautions to be taken in terms of sub-regulation (1), shall be established and taken in accordance with the requirements and standards as prescribed in Document SA-CATS-AH.
Maintenance of heliport emergency management system
139.03.21 The holder of a heliport licence shall –
(a)
establish procedures to ensure that all participants to the effectiveness of the heliport emergency management system with allocated duties or responsibilities, are familiar with, and are properly trained for, their assignments;
(b)
test the effectiveness of such heliport emergency management system by –
(i)
undertaking a full-scale heliport emergency exercise at intervals not exceeding two years; and
(ii)
arranging special emergency exercises in the intervening year to correct any deficiencies identified during the full-scale heliport emergency exercise;
(c)
submit a comprehensive written report to the Commissioner within 14 days from the date on which –
(i)
a full-scale heliport emergency exercise referred to in paragraph (b)(i); or
(ii)
special emergency exercise referred to in paragraph (b)(ii), has been undertaken or arranged; and
(d)
review such heliport emergency management system for effectiveness after each of the exercises referred to in paragraph (b), as well as after an actual emergency, to address any deficiencies identified and to adapt such system for the enhancement of its efficiency.
Heliport rescue and fire fighting
139.03.22 (1) The holder of a heliport licence shall provide on the heliport the rescue and fire fighting capability which complies with the minimum requirements prescribed in regulation 139.03.7.
(2) The rescue and fire fighting capability shall be provided in accordance with the requirements and standards as prescribed in Document SA-CATS-AH.
(3) The holder of the licence may deviate from any requirement prescribed in this subpart to the extent required to attend to an emergency arising from any aviation accident or incident which occurs on, or within a radius of 10 kilometres from, the heliport.
(4) A deviation in terms of sub-regulation (3) shall only be permitted –
(a)
for the period during which the emergency exists; and
(b)
for the sole purpose of protecting life or property.
(5) The holder of the licence shall ensure that the remainder of the rescue and fire fighting personnel and equipment will be able to attend to any possible aviation accident or incident which may occur as a result of the emergency referred to in sub-regulation (3) until assistance is obtained from other participants in the heliport emergency management system.
(6) The holder of the licence who deviates in terms of sub-regulation (3) from any requirement prescribed in this subpart, shall –
(a)
notify the Commissioner immediately of the nature of the emergency and the extent of the deviation; and
(b)
submit a comprehensive report to the Commissioner within 14 days from the date on which the emergency arose.
Maintenance of heliport environment management programme
139.03.23 The holder of a heliport licence shall –
(a)
maintain the heliport environment management programme referred to in regulation 139.03.8; and
(b)
operate the heliport in accordance with the provisions of the Environment Conservation Act, 1989, and the regulations made thereunder, together with the recommendations and requirements prescribed in any relevant Specifications or Codes of Practice published under the Standards Act, 1993 (Act No. 29 of 1993).
Heliport inspection programme
139.03.24 The holder of a heliport licence shall establish and maintain a heliport inspection programme, including –
(a)
procedures to ensure that competent heliport personnel execute the programme effectively; and
(b)
a reporting system to ensure prompt correction of unsafe heliport conditions noted during any inspection,
to ensure compliance with the regulations in this subpart.
Demarcation of restricted area
139.03.25 (1) The holder of a heliport licence shall, on the heliport, demarcate a restricted area and indicate its boundaries by means of –
(a)
markings on the surface of such heliport;
(b)
fences or obstructions or notices erected along the boundaries of such restricted area; or
(c)
a combination of such markings, fences, obstructions or notices.
(2) Subject to the provisions of sub-regulation (1) relating to the manner in which such boundary shall be indicated, the holder of the licence may alter any boundary or any portion of a boundary of the restricted area.
Control of entry into restricted area
139.03.26 (1) The holder of a heliport licence shall exercise control over entry into a restricted area.
(2) The control referred to in sub-regulation (1) shall be exercised according to the procedures and criteria approved by such holder.
(3) An authorised officer, inspector or authorised person may –
(a)
prohibit any person from entering a restricted area;
(b)
order any person to leave a restricted area immediately, whether such person has been granted permission to be within a restricted area or not.
Safety measures against fire
139.03.27 (1) The holder of a heliport licence shall establish preventative measures against possible fires on the heliport and identify a person or group or persons to maintain a fire prevention programme for the heliport and heliport buildings.
(2) If the heliport has no fire brigade service designated in terms of the Fire Brigade Services Act, 1987 (Act No. 99 of 1987), the holder of the licence shall arrange with the local government concerned to maintain a fire prevention programme for the heliport and to advise such holder of any dangerous conditions for rectification.
(3) The holder of the licence shall ensure that no unsafe practice is performed on the heliport or within its parameters.
(4) If unsafe practices have to be performed during any day-to-day maintenance of, or on, the heliport, the holder of the licence shall alert the rescue and fire fighting service concerned to be on standby for the duration of such practices.
Access of ground vehicles to heliport movement area
139.03.28 The holder of a heliport licence shall –
(a)
limit access to the heliport manoeuvring area of those ground vehicles which are necessary for heliport and helicopter operations;
(b)
if an air traffic service unit is in operation at the heliport, provide adequate procedures for the safe and orderly access to, and operation in the heliport manoeuvring area of ground vehicles, in order to ensure that each ground vehicle operating in the heliport manoeuvring area is controlled by –
(i)
two-way radio communication between the vehicle and the air traffic service unit;
(ii)
if the vehicle has no radio, an accompanying vehicle with two-way radio communication with the air traffic service unit; or
(iii)
if it is not practical to have two-way radio communication or and escort vehicle, adequate measures including signs, signals or guards for controlling the vehicle;
(c)
if an air traffic service unit is not in operation at the heliport, provide adequate measures to ensure that ground vehicles operating in the heliport movement area are controlled by the signs, pre-arranged signals or standards as prescribed in Document SA-CATS-AH; and
(d)
ensure that each employee, tenant or contractor who operates a ground vehicle on any portion of the heliport which has access to the heliport movement area is familiar with, and complies with, the rules and procedures for the operation of ground vehicles as prescribed in Document SA-CATS-AH.
Protection of navigation aids
139.03.29 The holder of a heliport licence shall –
(a)
prevent any construction of facilities on the heliport which may adversely affect the operation of any electronic or visual navigation aid or air traffic service facility on such heliport;
(b)
prevent, as far as it is within the authority of the such holder, any interruption of visual or electronic signals of navigation aids; and
(c)
liaise with the local government concerned and the Commissioner with regard to any structure higher than the obstacle limitation surfaces on or in the vicinity of the heliport.
Heliport abandoned or not maintained
139.03.30 (1) In order that adequate warning may be given to the users of a heliport, the holder of a heliport licence shall give the Commissioner at least 60 days written notice of its intention to discontinue the maintenance of the heliport or to abandon the heliport.
(2) If, after the expiry of the period of notice referred to in sub-regulation (1), a heliport is abandoned or is not being maintained in accordance with the conditions of the licence, the holder of the licence shall remove, obliterate or modify all heliport markings as the Commissioner may direct.
(3) On completion of the task referred to in sub-regulation (2), the holder shall surrender the licence to the Commissioner.
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