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SUBPART 2:
APPROVAL OF AVIATION RECREATION ORGANISATION
Requirement of approval
149.02.1 No organisation shall undertake aviation recreation except under the authority of, and in accordance with the provisions of, an aviation recreation organisation approval issued under this Subpart.
Manual of procedure
149.02.2 An applicant for the issuing of an aviation recreation organisation approval to undertake aviation recreation, shall provide the Commissioner with its manual of procedure which shall –
(a)
comply with the requirements prescribed in this Subpart; and
(b)
contain the information as prescribed in Document SA-CATS-ARO.
Quality control system
149.02.3 (1) The applicant shall establish a quality control system for the control and supervision of the aviation covered by the application.
(2) The minimum standards for a quality control system shall be as prescribed in Document SA-CATS-ARO.
Personnel requirements
149.02.4 (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 of 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 airworthiness and aviation safety; and
(c)
adequate personnel to carry out and supervise the aviation recreation covered by the application.
(a)
establish a procedure for initially assessing, and a procedure for maintaining, the competence of those personnel authorised by the applicant to carry out and supervise the aviation recreation covered by the application; and
(b)
provide the personnel referred to in paragraph (a) with written proof of the scope of their authorisation.
Resource requirements
149.02.5 The applicant shall ensure that the resources are adequate to enable the personnel to carry out and supervise the aviation recreation covered by the application.
Application for approval or amendment thereof
149.02.6 An application for the issuing of an aviation recreation organisation approval to undertake aviation recreation, or an amendment thereof, shall be –
(a)
made to the Commissioner in the appropriate form as prescribed in Document SA-CATS-ARO; and
(b)
accompanied by –
(i)
the appropriate fee as prescribed in Part 187; and
(ii)
the manual of procedure referred to in regulation 149.02.2.
Issuing of approval
149.02.7 (1) The Commissioner shall issue an aviation recreation organisation approval to undertake aviation recreation, if the applicant complies with the requirements prescribed in regulations 149.02.2 to 149.02.5 inclusive.
(2) The Commissioner shall issue the approval on the appropriate form as prescribed in Document SA-CATS-ARO.
Scope of approval
149.02.8 An aviation recreation organisation approval to undertake aviation recreation shall specify –
(a)
the aviation recreation which the holder of the approval is entitled to undertake; and
(b)
the procedures which the holder of the approval is authorised to establish and administer.
Period of validity
149.02.9 (1) An aviation recreation organisation approval to undertake aviation recreation, shall be valid for the period determined by the Commissioner, which period shall not exceed five years, calculated from the date of issuing or renewal thereof.
(2) The approval 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 149.01.6.
(3) The holder of an approval which expires, shall forthwith surrender the approval of the Commissioner.
(4) The holder of an approval which is suspended, shall forthwith produce the approval upon suspension thereof, to the authorised officer, inspector or authorised person concerned for the appropriate endorsement.
(5) The holder of an approval which is cancelled, shall, within 30 days from the date on which the approval is cancelled, surrender such approval to the Commissioner.
Transferability
149.02.10 (1) Subject to the provisions of sub-regulation (2), an aviation recreation organisation approval to undertake aviation recreation, shall not be transferable.
(2) A change in ownership of the holder of an approval to undertake aviation recreation, shall be deemed to be a change of significance referred to in regulation 149.02.11.
Changes in quality control system
149.02.11 (1) If the holder of an aviation recreation organisation approval to undertake aviation recreation, desires to make any change in the quality control system referred to in regulation 149.02.3, 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 149.02.6 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 its manual of procedure, that it will continue to comply with the provisions of regulations 149.02.2 to 149.02.5 inclusive, after the implementation of such approved change.
Renewal of approval
149.02.12 (1) An application for the renewal of an aviation recreation organisation approval to undertake aviation recreation, shall be –
(a)
made to the Commissioner in the appropriate form as prescribed in Document SA-CATS-ARO; and
(b)
accompanied by –
(i)
the appropriate fee as prescribed in Part 187; and
(ii)
the manual of procedure referred to in regulation 149.02.2.
(2) The holder of the approval shall at least 60 days immediately preceding the date on which such approval expires, apply for the renewal of such approval.
Duties of holder of approval
149.02.13 The holder of an aviation recreation organisation approval to undertake aviation recreation, shall –
(a)
hold at least one complete and current copy of its manual of procedure referred to in regulation 149.02.2, at each recreation facility specified in the manual of procedure;
(b)
comply with all procedures detailed in the manual of procedure;
(c)
make each applicable part of the manual of procedure 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.
Technical and regulatory data
149.02.14 (1) The holder of an aviation recreation organisation approval shall keep copies of all relevant equipment manuals, technical bulletins and instructions, legislation, and any other documents which may be necessary to establish procedures for the aviation recreation specified in its manual of procedure.
(2) The holder of the approval shall establish procedures to control and amend the documents referred to in sub-regulation (1).
(3) The procedures referred to in sub-regulation (2) shall ensure that –
(a)
all documents are reviewed and authorised before the issuing thereof;
(b)
changes to documents are reviewed and authorised by the holder of the approval;
(c)
the current version of each document can be identified to preclude the use of out of date editions;
(d)
current issues of data and documents are held by those personnel within the aviation recreation organisation who require such data and documents to carry out their duties; and
(e)
obsolete documents are promptly removed from circulation.
Records
149.02.15 (1) The holder of an aviation recreation organisation approval shall establish procedures to identify, collect, index, store, maintain and dispose of, the records which are necessary for the aviation recreation specified in its manual of procedure.
(2) The procedures referred to in sub-regulation (1) shall ensure that –
(a)
a record is kept of each quality control review of the holder of the approval;
(b)
all records are legible; and
(c)
all records are kept for a period of at least five years calculated from the date of the last entry made in such records.
Operational and maintenance procedures
149.02.16 (1) The holder of an aviation recreation organisation approval which authorises operational and maintenance procedures to be established, shall establish operational and maintenance procedures for the aviation recreation specified in its manual of procedure.
(2) The procedures referred to in sub-regulation (1) shall –
(a)
be relevant and not in conflict with the appropriate procedures prescribed in the Regulations; and
(b)
be administered to ensure that the requirements –
(i)
remain valid for their intended use; and
(ii)
are reviewed on a regular basis.
(3) The procedures referred to in sub-regulation (1) shall include details of –
(a)
the manner in which the holder selects launching, flying and landing sites;
(b)
the holder’s use of ground signals;
(c)
the holder’s use of aerodromes or heliports;
(d)
the holder’s launching methods; and
(e)
an emergency response plan.
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