Leagle Eagle - Prof. Salazar

LEAGLE EAGLE: The Gazette – on full gas Is it a Model, a UAV or RPAS? – And what’s a ‘conversion’ and ‘currency’?

If you were wondering what the CAA has been up to during the lockdown - it’s not idly watching Generations and Muvhango. During the Covid-19 confinement our regulator did not confine itself to reading SA Flyer over a cup of coffee either.

THEIR rulemaking department has forged ahead with proposals to change regulations (CARS) and technical standards (CATS). These were duly gazetted and were officially published by the Government Printing Works on 3 April 2020 in what is called, for those who enjoy that sort of recondite detail, a “Regulation Gazette”.

And for those who enjoy formalities, here it goes, full gas: “The Minister of Transport intends, in terms of section 155(1) of the Civil Aviation Act, 2009 (Act No. 13 of 2009) and on the recommendation of the Civil Aviation Regulations Committee (CARCom), to amend the Civil Aviation Regulations, 2011, by the amendment of the following Parts set out in Schedules below.”

Same lingo for CATS. Except that it comes from the Director of Civil Aviation (why that difference in status? Because Act 13 of 2009 says so).

What follows the declaration is a list of 17 Schedules, that is, sets of changes, no less than nine for CARS and eight for CATS. Each schedule relates to a specific Part.

The text of the schedules are usually uploaded a few days later onto the SACAA website (http://www.caa.co.za/Pages/Acts%20 and%20Regulations/Notices.aspx). There is always an instrument lag, call it “hardware-software-humanware interface latency” if you like big words.

The Gazette ends on a request: “Interested persons are hereby invited to submit written comments on these draft amendments on or before the 03 May 2020 to the Chairperson.”

‘Verstaan jy?’

What are the changes? Good question. There is an art to reading the Schedules.

A Schedule quotes the current version of the regulation or technical standard alongside what is proposed for deletion in [bold and square brackets] and for insertion (read: proposed new wording) underlined with a solid line. When the proposed change is long, it is called a “substitution”. If it happens that a proposed change is entirely new (it does not replace anything), the whole change is underlined, and it can run into pages.

Examples speak volumes, if you have switched on your radio, that is.

RPAS beware!

An example of an important proposed change of a definition (Parts 1.01.1) RPAS enthusiasts must take note of! –

“model aircraft” means a heavier-than-air aircraft of limited dimensions, with or without a propulsion device, unable to carry a human being, [and] to be used for competition, sport or recreational purposes [rather than unmanned aeronautical vehicles (UAV) developed for commercial or governmental, scientific, research or military purposes, and not exceeding the specifications as set by the Federation Aeronautique Internationale as listed in Document SA-CATS 24];

Note. -This definition excludes RPAS [developed for commercial, governmental, scientific, research, or military purposes,] and not exceeding the specifications as determined by the organisation approved in terms of Part 149 as listed in Document SA-CATS 24.

Verstaan jy? NO? Just compare the current definition for a model aircraft (barring the spelling errors in French) which reads

“model aircraft” means a heavier-than-air aircraft of limited dimensions, with or without a propulsion device, unable to carry a human being and to be used for competition, sport or recreational purposes rather than unmanned aeronautical vehicles (UAV) developed for commercial or governmental, scientific, research or military purposes, and not exceeding the specifications as set by the Federation Aeronautique Internationale as listed in Document SACATS 24.

with the proposed definition that will probably read if confirmed:

“model aircraft” means a heavier-than-air aircraft of limited dimensions, with or without a propulsion device, unable to carry a human being, to be used for competition, sport, or recreational…..

Note. -This definition excludes and not exceeding the specifications as determined by the organisation approved in terms of Part 149 as listed in Document SA-CATS 24.

French or no French, those changes often look like a foreign language, with brackets and underlining. It does exercise the mind when they are substantial.

Now, you may ask, why on earth, and in Heaven, the need to change the definition of a model aircraft? Well, as the Gazette says: “The proposal is intended to exclude RPAS from the application of the definition of ‘model aircraft’”.Do I need to point a finger at some smart guys who fly RPAS under the pretense that they are model aircraft? No. SACAA does it pretty well. Nou verstaan jy?

Conversion, conversion, conversion

Schedule 2 also impacts (or will, if accepted) Part 1 of CARS. It brings clarity (or confusion, just see how an instructor reacts) to the complex question of a type “conversion” and allied issues (see Chapter 5 of my Air Law book). Here are two new definitions (therefore underlined in the Schedule), meant to align our regulations with ICAO Annex 6, Part 1.

“differences training” means training required to ensure a flight or cabin crew member is proficient on similar aeroplane types or variants having significant differences in terms of equipment, configuration or operation.

“familiarisation training” means training required to ensure a flight or cabin crew member is proficient on similar aeroplane types or variants having only minor differences in terms of equipment, configuration or operation.

And for the upper crust pilots, a neat new definition:

“upgrade training” means training provided to advance a flight crew member from one flight crew position to a higher flight crew position. your “revalidation check” (or “competency” check) within the limit set (basic rule: 24 months). Result? You have not “maintained competency” because you “exceeded” the time limit to perform the check. Then CARS provides for a variety of remedies (see 61.04.5 and 61.05.7, or my Air Law, same chapter).

I am exceedingly competent, Sir!

And what about this proposed change, on the nerve wrecking “competency” issue (see my Air Law, Chapter 5):

“regaining competency” means the training, and where specified, the check required when a person exceeds the currency criteria of any qualification required by this Part and is designed to return such person to a satisfactory level of competence.

What's the difference between a model and a drone?

I had to do a double-take to fully grasp the syntax, but what it means is rather simple: if your competency lapses (“exceeds” a time limit), you have to do what you have to do. Personally I would not have used “exceed” without making it clear what is exceeded (= gone beyond), time limit, as in English to exceed also means to do more, and not less which is, in fact, what you do when competency lapses. Verstaan jy? Example: you are a private or commercial aeroplane pilot, beyond the first revalidation at 12 months, and you have not done

Bills in waiting

And to round off this overview, at time of writing, on Labour Day, rejoice at the thought that there are two “Bills in waiting”, amending current legislation (a bill is proposed legislation making its way through Parliament). These are the Airports Company amendment bill and the Air Traffic and Navigation Services Company amendment bill, both introduced in 2018, that are now with the National Council of Provinces.

As for the amendment bill to the tome we keep on our side table, (you do, don’t you?) the Civil Aviation Act, an amendment introduced, also in 2018, is yet to reach the National Assembly. When it does, expect some changes that may go beyond “tarting up” regulations. You will verstaan what I mean when you see it. 

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