CIVIL AVIATION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Air Navigation Regulations

Air Navigation (Prohibited Areas) Order

Civil Aviation (Fees) Regulations

Civil Aviation (Dangerous Goods) Regulations

Civil Aviation (Search and Rescue) Regulations

Civil Aviation (Approved Maintenance Organisations) Regulations

Civil Aviation (Aircraft Nationality and Registration Marks) Regulations

En Route Navigation Charges Regulations

AIR NAVIGATION REGULATIONS

 

(under section 16)

 

(30th June, 1977)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Citation and Interpretation

 

   1.   Citation

 

   2.   Interpretation

 

 

 

PART II
Registration and Marking of Aircraft

 

   3.   Aircraft to be registered

 

   4.   Registration of aircraft in Botswana

 

   5.   Nationality and registration marks

 

 

 

PART III
Air Operator's Certificates

 

   6.   Issue of air operator's certificates

 

 

 

PART IV
Airworthiness and Equipment of Aircraft

 

   7.   Certificate of airworthiness to be in force

 

   8.   Issue, renewal, etc. of certificates of airworthiness

 

   9.   Certification of maintenance

 

   10.   Technical log

 

   11.   Inspection, overhaul, repair, replacement and modification

 

   12.   Licensing of maintenance engineers

 

   13.   Equipment of aircraft

 

   14.   Radio equipment of aircraft

 

   15.   Aircraft, engine and propeller log books

 

   16.   Aircraft weight schedule

 

   17.   Access and inspection for airworthiness purposes

 

 

 

PART V
Aircraft Crew and Licensing

 

   18.   Composition of crew of aircraft

 

   19.   Members of flight crew-requirement of licences

 

   20.   Grant, renewal and effect of flight crew licences

 

   21.   Validation of licences

 

   22.   Personal flying log book

 

   23.   Instruction in flying

 

   24.   Glider pilot-minimum age

 

 

 

PART VI
Operation of Aircraft

 

   25.   Operations manual

 

   26.   Training manual

 

   27.   Public transport-operator's responsibilities

 

   28.   Loading-public transport aircraft and suspended loads

 

   29.   Public transport-operating conditions

 

   30.   Aircraft registered in Botswana-aerodrome operating minima

 

   31.   Aircraft not registered in Botswana-aerodrome operating minima

 

   32.   Pre-flight action by commander of aircraft

 

   33.   Pilots to remain at controls

 

   34.   Public transport of passengers-duties of commander

 

   35.   Operation of radio in aircraft

 

   36.   Use of flight data recorders and preservation of records

 

   37.   Towing of gliders

 

   38.   Towing, picking up and raising of persons and articles

 

   39.   Dropping of persons, animals and articles

 

   40.   Carriage of weapons and of munitions of war

 

   41.   Carriage of dangerous goods

 

   42.   Method of carriage of persons

 

   43.   Exits and break-in markings

 

   44.   Imperilling safety of aircraft

 

   45.   Imperilling safety of any person or property

 

   46.   Drunkenness in aircraft

 

   47.   Smoking in aircraft

 

   48.   Authority of commander of aircraft

 

   49.   Stowaways

 

 

 

PART VII
Fatigue of Crew

 

   50.   Application and interpretation of Part VII

 

   51.   Fatigue of crew-operator's responsibilities

 

   52.   Fatigue of crew-responsibilities of crew

 

   53.   Flight times-responsibilities of flight crew

 

 

 

PART VIII
Documents and Records

 

   54.   Documents to be carried

 

   55.   Records to be kept

 

   56.   Production of documents and records

 

   57.   Preservation of documents, etc.

 

   58.   Revocation, suspension and variation of certificates, licences and other documents

 

   59.   Offences in relation to documents and records

 

 

 

PART IX
Control of Air Traffic

 

   60.   Rules of the air and air traffic control

 

   61.   Licensing of air traffic controllers and student air traffic controllers

 

   62.   Prohibition of unlicensed air traffic controllers

 

   63.   Incapacity of air traffic controllers

 

   64.   Power to prohibit or restrict flying

 

   65.   Balloons, kites and airships

 

 

 

PART X
Aerodromes, Aeronautical Lights and Dangerous Lights

 

   66.   Aerodromes: public transport of passengers and instruction in flying

 

   67.   Use of Government aerodromes

 

   68.   Licensing of aerodromes

 

   69.   Radio equipment at aerodromes

 

   70.   Records at aerodromes

 

   71.   Charges at aerodromes licensed for public use

 

   72.   Aircraft of countries entitled to use of aerodromes

 

   73.   Noise and vibration caused by aircraft on aerodromes

 

   74.   Aeronautical lights

 

   75.   Dangerous lights

 

 

 

PART XI
General

 

   76.   Prohibited areas

 

   77.   Restriction regarding aerial photography and survey

 

   78.   Mandatory reporting

 

   79.   Power to prevent aircraft flying

 

   80.   Right of access to aerodromes and other places

 

   81.   Obstruction of persons

 

   82.   Enforcement of directions

 

   83.   Penalties

 

   84.   Extra-territorial effect of Regulations

 

   85.   Small aircraft

 

   86.   Power to exempt from certain provisions

 

 

 

      First Schedule

 

      Second Schedule - A and B conditions

 

      Third Schedule

 

      Fourth Schedule - Maintenance Engineers: Privileges of Licences

 

      Fifth Schedule - Aircraft Equipment

 

      Sixth Schedule - Radio Equipment to be carried in Aircraft

 

      Seventh Schedule - Air, Engine and Propeller Log Book

 

      Eighth Schedule - Areas specified in connection with the carriage of flight Navigation as Members of the Flight Crews or Approved Navigational Equipment on Public Transport Aircraft

 

      Ninth Schedule - Flight Crew of Aircraft: Licences and Ratings

 

      Tenth Schedule - Air Traffic Controllers: Ratings

 

      Eleventh Schedule - Public Transport-Operational Requirements

 

      Twelfth Schedule - Documents to be carried by Aircraft Registered in Botswana

 

      Thirteenth Schedule - Penalties

 

      Fourteenth Schedule - Rules of the Air and Air Control

 

      Fifteenth Schedule - Air Navigation (General) Rules

 

 

S.I. 84, 1977,
S.I. 82, 1978.

PART I
Citation and Interpretation
(regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Air Navigation Regulations.

 

2.   Interpretation

   (1) In these Regulations, unless the context otherwise requires-

   "aerial work" means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;

   "aerial work aircraft" means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;

   "aerial work undertaking" means an undertaking whose business includes the performance of aerial work;

   "aerobatic manoeuvres" includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;

   "aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which, for affording facilities for the landing and departure of aircraft, has been abandoned and has not been resumed;

   "aerodrome operating minima", in relation to the operation of an aircraft at an aerodrome, means the cloud ceiling and runway visual range for take-off, and the decision height, runway visual range and visual reference for landing, specified by the operator in, or ascertainable by reference to, the operations manual as being the minima for the operation of that aircraft at that aerodrome;

   "aerodrome traffic zone", in relation to any aerodrome, means the airspace extending from the surface to a height of 2 000 feet above the level of the aerodrome and within a distance of 11/2 nautical miles of its boundaries except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of these Regulations as being the controlling aerodrome;

   "aeronautical light" means any light established for the purpose of aiding air navigation;

   "aeronautical radio station" means a radio station on the surface which transmits or receives signals for the purpose of assisting aircraft;

   "air traffic control unit" means a person appointed by the Director or by any other person maintaining an aerodrome or place to give instructions or advice or both instructions and advice by means of radio signals to aircraft in the interests of safety, and "air traffic control service" shall be construed accordingly;

   "air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;

   "approach to landing" means that portion of the flight of the aircraft in which it is descending below a height of 1 000 feet above the decision height of the relevant minimum for landing;

   "appropriate aeronautical radio station", in relation to an aircraft, means an aeronautical radio station serving the area in which the aircraft is for the time being;

   "appropriate air traffic control unit", in relation to an aircraft, means the air traffic control unit serving the area in which the aircraft is for the time being;

   "authorized person" means any person authorized by the Minister either generally or in relation to a particular case or class of cases, and a reference to a person authorized by the Minister includes a reference to the holder for the time being of any office designated by the Minister;

   "cargo" includes mail and animals;

   "certificate of airworthiness" includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;

   "certificate of maintenance" and "certificate of compliance" have the meanings respectively assigned to them under regulations 9(1) and 11(4);

   "cloud ceiling", in relation to an aerodrome, means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;

   "commander", in relation to an aircraft, means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

   "competent authority" means, in relation to Botswana, the Minister, and, in relation to any other country, the authority responsible under the law of that country for promoting the safety of civil aviation;

   "congested area", in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;

   "contracting State" means any State which is a party to the Convention on International Civil Aviation signed at Chicago on 7th December, 1944;

   "control area" means airspace which has been notified as such and which extends upwards from a notified altitude;

   "controlled airspace" means control areas and control zones;

   "control zone" means airspace which has been notified as such and which extends upwards from the surface;

   "co-pilot", in relation to an aircraft, means a pilot who is performing his duties as such and is subject to the direction of another pilot carried in the aircraft;

   "crew" has the meaning assigned to it under subregulation (3);

   "decision height", in relation to the operation of an aircraft at an aerodrome, means the minimum height specified by the operator in, or ascertainable by reference to, the operations manual as being the minimum height to which an approach to landing can safely be made by that aircraft at that aerodrome without visual reference to the ground;

   "flight" and "to fly" have the meaning respectively assigned to them under subregulation (2);

   "flight crew", in relation to an aircraft, means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft;

   "flight level" means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1 013,2 millibars;

   "flight simulator" means apparatus by means of which flight conditions in an aircraft are simulated on the ground;

   "flight visibility" means the visibility forward from the flight deck of an aircraft in flight;

   "Government aerodrome" means any aerodrome in Botswana which is under the control of the Minister or is in the occupation of any Government department or visiting force;

   "Instrument Flight Rules" means Instrument Flight Rules contained in the Rules of the Air and Air Traffic Control;

   "Instrument Meteorological Conditions" means weather precluding flight in compliance with the Visual Flight Rules;

   "to land", in relation to aircraft, includes alighting on the water;

   "licence" includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;

   "licence for public use" has the meaning assigned to it under regulation 68(2);

   "licensed aerodrome" means an aerodrome licensed under these Regulations;

   "lifejacket" includes any device designed to support a person individually in or on the water;

   "log book", in the case of an aircraft log book, engine log book or variable pitch propeller log book, includes a record kept either in a book or by any other means approved by the Director in the particular case;

   "maximum total weight authorized", in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

   "military aircraft" includes the naval, military or air force aircraft of any country and any aircraft in respect of which there is in force a certificate issued by the Minister that the aircraft is to be treated for the purposes of these Regulations as a military aircraft;

   "nautical mile" means the International Nautical Mile, that is, a distance of 1 852 m;

   "navigation services" includes information, directions and other facilities furnished, issued or provided for the purposes of or in connection with the navigation or movement of aircraft;

   "night" means the time between half-an-hour after sunset and half-an-hour before sunrise, sunset and sunrise being determined at surface level;

   "notified" means shown in any of the following publications issued in Botswana whether before or after the coming into operation of these Regulations, namely, "Aeronautical Information Publication", "Notams (Notices to Airmen)", "Information Circulars", "Flight Safety Notices", "Aeronautical Engineering Notices" or such other official publications so issued for the purpose of enabling any of the provisions of these Regulations to be complied with;

   "operator" has the meaning assigned to it under subregulation (4);

   "pilot-in-command", in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

   "pressurized aircraft" means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;

   "public transport" has the meaning assigned to it under subregulations (5) and (6);

   "public transport aircraft" means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport;

   "record" includes, in addition to a record in writing-

 

   (a)   any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom;

 

   (b)   any film, tape or other device in which visual images are embodied so as to be capable of being reproduced therefrom; and

 

   (c)   any photograph,

and any reference to a copy of a record includes, in the case of a record falling within paragraph (a), a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b), a still reproduction of the images embodied therein, and, in the case of a record falling within both those paragraphs, such a transcript together with such a still reproduction;

   "replacement", in relation to any part of an aircraft or its equipment, includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced, or cargo to be loaded;

   "Rules of the Air and Air Traffic Control" means the Rules contained in the Fourteenth Schedule;

   "runway visual range", in relation to a runway or landing strip, means the maximum distance in the direction of take-off or landing, as the case may be, at which the runway or landing strip or the markers or lights delineating it can be seen from a point 5 m above its centre line; and, in the case of an aerodrome in Botswana, the distance, if any, communicated to the commander of the aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;

   "scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service;

   "special VFR flight" means a flight which is a special VFR flight for the purposes of the Rules of the Air and Air Traffic Control;

   "Visual Flight Rules" means Visual Flight Rules contained in the Rules of the Air and Air Traffic Control;

   "Visual Meteorological Conditions" means weather permitting flight in accordance with the Visual Flight Rules.

   (2) An aircraft shall be deemed to be in flight-

 

   (a)   in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power until the moment when it next comes to rest after landing;

 

   (b)   in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;

 

   (c)   in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon,

and the expressions "a flight" and "to fly" shall be construed accordingly.

   (3) Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof.

   (4) References in these Regulations to the operator of an aircraft are, for the purposes of the application of any provision of these Regulations in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly:

   Provided that, for the purposes of the application of any provision in Part IV, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, the foregoing provisions of this subregulation shall have effect as if that agreement had not been entered into.

   (5) Subject to the provisions of this subregulation, an aircraft in flight shall for the purposes of these Regulations be deemed to fly for the purpose of public transport-

 

   (a)   if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight;

 

   (b)   if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its director), persons with the authority of the Director either making any inspection or witnessing any training, practice or test for the purposes of these Regulations, or cargo intended to be used by any such passengers, or by the undertaking; or

 

   (c)   for the purposes of Part IV, if hire or reward is given or promised for the right to fly the aircraft on that flight (not being a single-seater aircraft of which the maximum total weight authorized does not exceed 910 kg and in respect of which a certificate of airworthiness of the Special Category is in force) otherwise than under a hire-purchase agreement,

and the expression "public transport of passengers" shall be construed accordingly:

   Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport, by reason of paragraph (c), it shall not be deemed to be flying for the purpose of the public transport of passengers unless hire or reward is given for the carriage of those passengers.

   (6) Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be given or promised if the transaction were effected otherwise than aforesaid, hire or reward shall, for the purposes of these Regulations, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

   (7) The expressions appearing in the "General Classification of Aircraft" set forth in Part A of the First Schedule shall have the meanings thereby assigned to them.

PART II
Registration and Marking of Aircraft
(regs 3-5)

 

3.   Aircraft to be registered

   (1) An aircraft shall not fly in or over Botswana unless it is registered in-

 

   (a)   Botswana;

 

   (b)   a contracting State; or

 

   (c)   some other country in relation to which there is in force an agreement between the Government of Botswana and the Government of that country which makes provision for the flight over Botswana of aircraft registered in that country.

   (2) If an aircraft flies over Botswana in contravention of subregulation (1) in such manner or circumstances that if the aircraft had been registered in Botswana an offence against these Regulations would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.

 

4.   Registration of aircraft in Botswana

   (1) The Director shall be the authority for the registration of aircraft in Botswana and shall cause a register to be kept.

   (2) Subject to the provisions of this regulation, an aircraft shall not be registered or continue to be registered in Botswana if it appears to the Director that-

 

   (a)   the aircraft is registered outside Botswana and that such registration does not cease by operation of law upon the aircraft being registered in Botswana;

 

   (b)   an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein;

 

   (c)   the aircraft could more suitably be registered in some other country; or

 

   (d)   it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Botswana.

   (3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Botswana or a share therein-

 

   (a)   the Government;

 

   (b)   Botswana citizens; and

 

   (c)   companies incorporated in Botswana under the Companies Act and having their principal place of business in Botswana.

   (4) If an unqualified person residing or having a place of business in Botswana holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Director, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Botswana, and such person shall not cause or permit the aircraft, while it is registered in pursuance of this subregulation, to be used for the purpose of public transport or aerial work.

   (5) If an aircraft is chartered by demise to a person qualified as aforesaid the Director may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in Botswana in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this regulation the aircraft may remain so registered during the continuation of the charter.

   (6) Application for the registration of an aircraft in Botswana shall be made in writing to the Director, and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in Botswana and to issue the certificate referred to in subregulation (8). In particular, the application shall include the proper description of the aircraft according to column 4 of the "General Classification of Aircraft" set forth in Part A of the First Schedule.

   (7) Upon receiving an application for the registration of an aircraft in Botswana and being satisfied that the aircraft may properly be so registered, the Director shall register the aircraft, wherever it may be, and shall include in the register the following particulars-

 

   (a)   the number of the certificate;

 

   (b)   the nationality mark of the aircraft, and the registration mark assigned to it by the Director;

 

   (c)   the name of the contractor of the aircraft and its designation;

 

   (d)   the serial number of the aircraft; and

 

   (e)   (i)   the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and

 

      (ii)   in the case of an aircraft registered in pursuance of subregulation (4) or (5), an indication that it is so registered.

   (8) The Director shall furnish to the person in whose name the aircraft is registered (hereinafter in this regulation referred to as "the registered owner") a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued.

   (9) Subject to subregulations (4) and (5), if at any time after an aircraft has been registered in Botswana an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Director.

   (10) Any person who is the registered owner of an aircraft registered in Botswana shall forthwith inform the Director in writing of-

 

   (a)   any change in the particulars which were furnished to the Director upon application being made for the registration of the aircraft;

 

   (b)   the destruction of the aircraft, or its permanent withdrawal from use; and

 

   (c)   in the case of an aircraft registered in pursuance of subregulation (5), the termination of the demise charter.

   (11) Any person who becomes the owner of an aircraft registered in Botswana shall forthwith inform the Director in writing to that effect.

   (12) The Director may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part or for bringing up-to-date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, may cancel the registration of the aircraft, and shall cancel that registration if he is satisfied that there has been a change in the ownership of the aircraft.

   (13) The Director may adapt or modify the foregoing provisions of this Part as he deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Botswana register, either generally or in relation to a particular case or class of cases.

   (14) In this regulation references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in subregulations (10) and (11) to the registered owner of an aircraft includes, in the case of a deceased person, his legal personal representative, and, in the case of a body corporate which has been dissolved, its successor.

   (15) Nothing in this regulation shall require the Director to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so.

 

5.   Nationality and registration marks

   (1) An aircraft shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.

   (2) The marks to be borne by aircraft registered in Botswana shall comply with Part B of the First Schedule.

   (3) An aircraft shall not bear any marks which purport to indicate-

 

   (a)   that the aircraft is registered in a country in which it is not in fact registered; or

 

   (b)   that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.

PART III
Air Operator's Certificates
(reg 6)

 

6.   Issue of air operator's certificates

   (1) An aircraft registered in Botswana shall not fly on any flight for the purpose of public transport otherwise than under and in accordance with the terms of an air operator's certificate granted to the operator of the aircraft under subregulation (2) certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely.

   (2) The Director may grant to any person applying therefor an air operator's certificate if he is satisfied that that person is competent, having regard in particular to his previous conduct and experience, his equipment, organization, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified.

   (3) The certificate may be granted subject to such conditions as the Director thinks fit and shall, subject to the provisions of regulation 58, remain in force for the period specified in the certificate.

PART IV
Airworthiness and Equipment of Aircraft
(regs 7-17)

 

7.   Certificate of airworthiness to be in force

   (1) An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with:

   Provided that the foregoing prohibition shall not apply to flights, beginning and ending in Botswana without passing over any other country, of-

 

   (i)   a glider, if it is not being used for the public transport of passengers or aerial work;

 

   (ii)   a balloon, if it is not being used for the public transport of passengers;

 

   (iii)   a kite;

 

   (iv)   an aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in the Second Schedule;

 

   (v)   an aircraft flying in accordance with the conditions of a permit to fly issued by the Director in respect of that aircraft.

   (2) In the case of an aircraft registered in Botswana, the certificate of airworthiness referred to in subregulation (1) shall be a certificate issued or rendered valid in accordance with the provisions of regulation 8.

 

8.   Issue, renewal, etc., of certificates of airworthiness

   (1) The Director may issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to-

 

   (a)   the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and

 

   (b)   the results of flying trials, and such other tests of the aircraft as he may require:

   Provided that, if the Director has issued a certificate of airworthiness in respect of an aircraft which, in his opinion, is a prototype aircraft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification.

   (2) Every certificate of airworthiness shall specify such categories as are, in the opinion of the Director, appropriate to the aircraft in accordance with the Third Schedule and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to those categories.

   (3) The Director may issue the certificates of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.

   (4) The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in regulation 29(1).

   (5) The Director may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of these Regulations a certificate of airworthiness issued in respect of any aircraft under the law of any country other than Botswana.

   (6) Subject to the provisions of this regulation and of regulation 58, a certificate of airworthiness or validation issued under this regulation shall remain in force for such period as may be specified therein, and may be renewed from time to time by the Director for such further period as he thinks fit.

   (7) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force-

 

   (a)   if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Director either generally or in relation to a class of aircraft or to the particular aircraft;

 

   (b)   until the completion of any inspection of the aircraft or of any such equipment as aforesaid, being an inspection required by the Director to be made for the purpose of ascertaining whether the aircraft remains airworthy;

 

   (c)   until the completion to the satisfaction of the Director of any modification of the aircraft or of any such equipment as aforesaid, being a modification required by the Director for the purpose of ensuring that the aircraft remains airworthy.

   (8) Without prejudice to any other provision of these Regulations the Director may, for the purposes of this regulation, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.

 

9.   Certification of maintenance

   (1) An aircraft registered in Botswana shall not fly for the purpose of public transport or dropping or projecting any material for agricultural, public health or similar purposes unless-

 

   (a)   the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with maintenance schedules approved by the Director in relation to that aircraft; and

 

   (b)   there are in force in respect of that aircraft certificates (in these Regulations referred to as "certificates of maintenance") issued in accordance with the provisions of this regulation and certifying that maintenance has been carried out in accordance with such maintenance schedules:

   Provided that an aircraft may, notwithstanding that paragraphs (a) and (b) have not been complied with in relation to the radio station therein, fly for the sole purpose of enabling persons to be trained to perform duties in aircraft.

   (2) An aeroplane registered in Botswana shall not fly unless the flight data recording system, if any, required by or under these Regulations to be carried, is maintained in accordance with a maintenance schedule approved by the Director in relation to that equipment and there is in force in respect of that equipment a certificate of maintenance issued in accordance with the provisions of this regulation and certifying that maintenance has been carried out in accordance with such maintenance schedule.

   (3) Every certificate of maintenance shall come into force upon being issued and shall cease to be in force upon the expiration of the period of its validity in elapsed time or flying time, whichever may be the earlier, as specified in the relevant maintenance schedule, and the period of validity of the certificate shall be recorded in the certificate at the time when it is issued.

   (4) A certificate of maintenance may be issued for the purposes of this regulation only by-

 

   (a)   the holder of a licence granted under these Regulations as an aircraft maintenance engineer being a licence of a category appropriate in accordance with regulation 12 and the Fourth Schedule;

 

   (b)   the holder of a licence as such an engineer granted under the law of a country other than Botswana and rendered valid under these Regulations, in accordance with the privileges endorsed on the licence;

 

   (c)   the holder of a licence as such an engineer granted under the law of any contracting State, in accordance with the privileges endorsed on the licence and subject to any conditions specified in the Fifteenth Schedule; or

 

   (d)   a person whom the Director has authorized to issue a certificate of maintenance in a particular case, and in accordance with that authority:

   Provided that, upon approving a maintenance schedule, the Director may direct that certificates of maintenance relating to that schedule, or to any part thereof specified in its direction, may be issued only by the holder of such a licence as is so specified.

   (5) Certificates of maintenance shall be issued in duplicate. One of the duplicates shall, during the period of validity of the certificate, be carried in the aircraft when regulation 54 so requires, and the other shall be kept by the operator elsewhere than in the aircraft.

 

10.   Technical log

   (1) A technical log shall be carried by all aircraft operated in the public transport, aerial work and, when the Director so requires, by aircraft operated in the Special Categories.

   (2) A technical log shall show the time and place of each departure and arrival, the flight time and the total flight time completed since the issue of a certificate of maintenance and all times shown therein shall be in accordance with the interpretation provided by regulation 2(2).

   (3) A technical log may also be required to show the fuel and oil uplifts and where such uplifts were made.

   (4) A technical log shall be signed by the commander at the end of every flight and, if no defects were noted, a statement to that effect.

   (5) If defects were noted, full particulars of each and every defect shall be given and such statement signed by the commander:

   Provided that, in the case of a number of consecutive flights beginning and ending on the same day and with the same person as commander of the aircraft, the commander of an aircraft-

 

   (i)   flying for the purpose of public transport where each of the aforesaid consecutive flights begins at the same aerodrome and ends at that aerodrome; or

 

   (ii)   flying for the purpose of dropping or projecting any material for agriculture, public health or similar purposes,

may, except where he becomes aware of a defect during an earlier flight, make the entries as aforesaid in a technical log at the end of the last of such consecutive flight.

   (6) Upon a rectification being entered in the technical log the aircraft shall not again fly until the defect has been cleared by an appropriately licensed aircraft maintenance engineer.

   (7) Each rectification shall be signed for in the space provided by an appropriately licensed aircraft maintenance engineer.

   (8) Upon the rectification of any defect which has been entered in a technical log in accordance with subregulation (5), a copy of the certificate of compliance required by regulation 11 in respect of the work done for the rectification of the defect shall be entered in the technical log in such a position or manner as to be readily identifiable with the entry of the defect to which it relates.

   (9) Whenever work is carried out in accordance with an approved maintenance schedule an entry shall be made in the technical log as required by subregulations (7) and (8) and shall be signed for by an appropriately licensed aircraft maintenance engineer.

   (10) Copies of the entries referred to in subregulations (2), (3), (4), (5), (6), (7) and (8) shall be kept on the ground.

   (11) Subject to the provisions of regulation 57, every technical log shall be preserved by the operator of the aircraft for a period of two years following the date of the last entry and for such further period as the Director may require in any particular case.

 

11.   Inspection, overhaul, repair, replacement and modification

   (1) An aircraft registered in Botswana, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force, shall not fly (except as provided for in subregulation (2)) if any part of the aircraft or of such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced or modified, or has been inspected as provided in regulation 8(7)(b), unless there is in force a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair, replacement, modification or inspection, as the case may be:

   Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such place that it is not reasonably practicable-

 

   (i)   for the repair or replacement to be carried out in such a manner that a certificate of compliance can be issued under this regulation in respect thereof; or

 

   (ii)   for such a certificate to be issued while the aircraft is at that place,

the aircraft may fly to a place at which such a certificate can be issued, being the nearest place-

 

   (a)   to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and

 

   (b)   to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board,

and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Director within 10 days thereafter.

   (2) Nothing in subregulation (1) shall prevent an aircraft from flying otherwise than for the purpose of public transport if the only repairs or replacements in respect of which a certificate of compliance is not in force are of such a description as are specified in paragraph 11 of the Fifteenth Schedule and have been carried out personally by the owner or operator of the aircraft being the holder of a pilot's licence (other than a student pilot's licence) granted or rendered valid under these Regulations. In that event, the owner or operator, as the case may be, of the aircraft shall keep in a log book a record which identifies the repair or replacement and shall sign and date the entries and, subject to the provisions of regulation 57, shall preserve the log book for a period of two years from the date of the last entry therein. Any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Director whether generally or in relation to a class of aircraft or the particular aircraft.

   (3) Neither-

 

   (a)   equipment provided in compliance with the Fifth Schedule (except paragraph 2 thereof); nor

 

   (b)   in the case of a public transport aircraft, radio apparatus provided for use therein or in any survival craft carried therein, whether or not such apparatus is provided in compliance with these Regulations,

shall be installed, or placed on board for use, in an aircraft registered in Botswana after being overhauled, repaired or modified, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair or modification, as the case may be.

   (4) For the purposes of these Regulations "certificate of compliance" means a certificate that the part of the aircraft or its equipment has been overhauled, repaired, replaced or modified, as the case may be, in a manner and with material of a type approved by the Director either generally or in relation to a class of aircraft or the particular aircraft and which identified the overhaul, repair, replacement or modification to which it relates and includes particulars of the work done; and in relation to an inspection required by the Director that the inspection has been made in accordance with the requirement of the Director and that any consequential repair or replacement has been carried out as aforesaid.

   (5) A certificate of compliance may be issued for the purposes of this regulation only by-

 

   (a)   the holder of a licence granted under these Regulations as an aircraft maintenance engineer, being a licence of a category appropriate in accordance with regulation 12 and the Fourth Schedule;

 

   (b)   the holder of a licence as such an engineer granted under the law of a country other than Botswana and rendered valid under these Regulations, in accordance with the privileges endorsed on the licence;

 

   (c)   the holder of a licence as such an engineer granted under the law of any country specified by the Director, in accordance with the privileges endorsed on the licence and subject to any conditions specified;

 

   (d)   the holder of a licence or authorization as such an engineer granted or issued by or under the law of any contracting State in which the overhaul, repair, replacement, modification or inspection has been carried out;

 

   (e)   a person approved by the Director as being competent to issue such certificate;

 

   (f)   a person whom the Director has authorized to issue the certificate in a particular case; or

 

   (g)   in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot's Licence (Aeroplanes), a Senior Commercial Pilot's Licence (Aeroplanes) or a Flight Navigator's Licence granted or rendered valid under these Regulations.

   (6) Subject to the provisions of regulation 57, if the aircraft to which a certificate of compliance relates is a public transport aircraft or an aerial work aircraft the certificate of compliance shall be preserved by the operator of the aircraft for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus, as the case may be. In the case of any other aircraft the certificate shall be preserved by the operator of the aircraft for a period of two years.

   (7) In this regulation the expression "repair" includes, in relation to a compass, the adjustment and compensation thereof, and the expression "repaired" shall be construed accordingly.

 

12.   Licensing of maintenance engineers

   (1) The Director may grant to any person a licence to act for the purposes of these Regulations as an aircraft maintenance engineer of one of the categories specified in the Fourth Schedule upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by his knowledge, experience, competence and skill to do so, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Director may require of him. The Director may include a rating in the licence limiting the licence to particular types of aircraft or equipment.

   (2) A licence of any category shall, subject to any rating as aforesaid, entitle the holder to issue certificates of maintenance, certificates of release, certificates of compliance or certificates of fitness for flight, in accordance with the Fourth Schedule.

   (3) A licence and a rating shall, subject to the provisions of regulation 58, remain in force for the periods specified therein, not exceeding two years, but may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit person and is qualified as aforesaid.

   (4) The Director may issue a certificate rendering valid for the purposes of these Regulations any licence as an aircraft maintenance engineer or aircraft radio maintenance engineer granted under the law of any country other than Botswana; such certificate may be issued subject to such conditions and for such period as the Director thinks fit.

   (5) Upon receiving a licence granted under this regulation, the holder shall forthwith sign his name thereon in ink with his ordinary signature.

 

13.   Equipment of aircraft

   (1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance with these Regulations.

   (2) In the case of aircraft registered in Botswana the equipment required to be provided (in addition to any other equipment required by or under these Regulations) shall be that specified in such parts of the Fifth Schedule as are applicable in the circumstances and shall comply with the provisions of that Schedule. The equipment, except that specified in paragraph 2 of the said Schedule, shall be of a type approved by the Director either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.

   (3) In any particular case the Director may direct that an aircraft registered in Botswana shall carry such additional or special equipment or supplies as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.

   (4) The equipment carried in compliance with this regulation shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.

   (5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft. In particular, in every public transport aircraft registered in Botswana, there shall be-

 

   (a)   exhibited in a prominent position in every passenger compartment; or

 

   (b)   provided individually for each passenger,

a notice stating where the lifejackets, if any, are to be found, and containing instructions as to how they are to be used.

   (6) All equipment installed or carried in an aircraft, whether or not in compliance with this regulation, shall be so installed or stowed and kept stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.

   (7) Without prejudice to subregulation (2), all navigational equipment (other than radio apparatus) of any of the following types-

 

   (a)   equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the result of the acceleration and gravitational forces acting upon it; and

 

   (b)   equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies,

when carried in an aircraft registered in Botswana (whether or not in compliance with these Regulations) shall be of a type approved by the Director either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.

   (8) This regulation shall not apply in relation to radio apparatus except that specified in the Fifth Schedule.

 

14.   Radio equipment of aircraft

   (1) An aircraft shall not fly unless it is so equipped with radio equipment as to comply with the law of the country in which the aircraft is registered and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of these Regulations.

   (2) Without prejudice to subregulation (1), the aircraft shall be equipped with radio equipment, in accordance with the Sixth Schedule.

   (3) In any particular case the Director may direct that an aircraft registered in Botswana shall carry such additional or special radio equipment as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.

   (4) Subject to such exceptions as may be prescribed, the radio equipment provided in compliance with this regulation in an aircraft registered in Botswana shall always be maintained in serviceable condition.

   (5) All radio equipment installed in an aircraft registered in Botswana (whether or not in compliance with these Regulations) shall be of a type approved by the Director in relation to the purpose for which it is to be used, and shall be installed in a manner approved by the Director. Neither the equipment nor the manner in which it is installed shall be modified except with the approval in writing of the Director.

 

15.   Aircraft, engine and propeller log books

   (1) In addition to any other log books required by or under these Regulations, the following log books shall be kept in respect of every aircraft registered in Botswana-

 

   (a)   an aircraft log book;

 

   (b)   a separate log book in respect of each engine fitted in the aircraft; and

 

   (c)   a separate log book in respect of each variable pitch propeller fitted to the aircraft.

   The log books shall include the particulars respectively specified in the Seventh Schedule.

   (2) Each entry in the log book shall be made as soon as practicable after the occurrence to which it relates, but in no event more than seven days after the expiration of the certificate of maintenance, if any, in force in respect of the aircraft at the time of the occurrence.

   (3) Entries in a log book may refer to other documents, which shall be clearly identified, and any other document so referred to shall be deemed, for the purposes of these Regulations, to be part of the log book.

   (4) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this regulation.

   (5) Subject to the provisions of regulation 57, every log book shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.

 

16.   Aircraft weight schedule

   (1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Director may require in the case of that aircraft.

   (2) Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing the basic weight of the aircraft, that is, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule; and showing the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight.

   (3) Subject to the provisions of regulation 57, the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this regulation.

 

17.   Access and inspection for airworthiness purposes

   The Director may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part and any person authorized to do so in writing by the Director may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.

PART V
Aircraft Crew and Licensing
(regs 18-24)

 

18.   Composition of crew of aircraft

   (1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.

   (2) An aircraft registered in Botswana shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under these Regulations or, if no certificate of airworthiness is required under these Regulations to be in force, the certificate of airworthiness, if any, last in force under these Regulations, in respect of that aircraft.

   (3) Unless the Director otherwise prescribes, a flying machine registered in Botswana and flying for the purpose of public transport, having a maximum total weight authorized of 5 700 kg or more, shall carry not less than two pilots as members of the flight crew thereof.

   (4) An aircraft registered in Botswana engaged on a flight for the purpose of public transport shall carry-

 

   (a)   a flight navigator as a member of the flight crew; or

 

   (b)   navigational equipment approved by the Director and used in accordance with any conditions subject to which that approval may have been given,

if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in the Eighth Schedule. The flight navigator carried in compliance with this regulation shall be carried in addition to any person who is carried in accordance with this regulation to perform other duties.

   (5) An aircraft registered in Botswana which is required by the provisions of regulation 14 to be equipped with radio communication apparatus shall carry a flight radio operator as a member of the flight crew, who, if he is required to operate radiotelegraph apparatus, shall be carried in addition to any other person who is carried in accordance with this regulation to perform other duties.

   (6) If it appears to him to be expedient to do so in the interests of safety, the Director may direct any particular operator that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Director may specify unless the aircraft carry in addition to the flight crew required to be carried therein by the foregoing provisions of this regulation such additional persons as members of the flight crew as he may specify in the direction.

   (7) When an aircraft registered in Botswana carries 20 or more passengers on a flight for the purpose of public transport, the crew of the aircraft shall include cabin attendants carried for the purposes of performing in the interest of the safety of passengers duties to be assigned by the operator or the person in command of the aircraft, but who shall not act as members of the flight crew.

   (8) The Director may give a direction to the operator of any aircraft registered in Botswana requiring him to include among the crew thereof whenever the aircraft is flying for the purpose of public transport at least one cabin attendant, notwithstanding that the aircraft may be carrying fewer than 20 passengers.

   (9) In the case of an aircraft with a total seating capacity of not more than 200, the number of cabin attendants carried on such flight as is mentioned in subregulation (7) shall be not less than one cabin attendant for every 50, or fraction of 50, passengers carried.

   (10) In the case of an aircraft with a total seating capacity of more than 200, the number of cabin attendants carried on such a flight as aforesaid shall be not less than half the number of main exits in the aircraft, and, in addition, when more than 200 passengers are carried, one cabin attendant for every 25, or fraction of 25, of such passengers:

   Provided that, if the number of cabin attendants, calculated in accordance with this subregulation, exceeds the number of main exits in the aircraft, it shall be sufficient compliance with this regulation if the number of cabin attendants carried is equal to the number of main exits in the aircraft.

   (11) For the purposes of this subregulation a "main exit" means an exit in the side of the aircraft at floor level intended for the disembarkation of passengers whether normally or in an emergency.

 

19.   Members of flight crew-requirement of licences

   (1) Subject to the provisions of this regulation, a person shall not act as a member of the flight crew of an aircraft registered in Botswana unless he is the holder of an appropriate licence granted or rendered valid under these Regulations:

   Provided that a person may within Botswana without being the holder of such a licence-

 

   (a)   act as a flight radiotelephony operator if-

 

      (i)   he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in Botswana to perform duties as a member of the flight crew of an aircraft;

 

      (ii)   he is authorized to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment;

 

      (iii)   messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft;

 

      (iv)   messages are transmitted only on a frequency exceeding 60 MHz assigned by the Director for use on flights on which a flight radiotelephony operator acts in one of the capacities specified in subparagraph (i) of this proviso;

 

      (v)   the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency;

 

      (vi)   the operator of the transmitter requires the use only of external switches; and

 

      (vii)   the stability of the frequency radiated is maintained automatically by the transmitter;

 

   (b)   subject to the provisions of regulation 20(16) and (17), act as pilot in command of an aircraft for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence if-

 

      (i)   he is at least 17 years of age;

 

      (ii)   he is the holder of a valid medical certificate to the effect that he is fit to so act by a person approved by the Director;

 

      (iii)   he complies with any conditions subject to which that medical certificate was issued;

 

      (iv)   no other person is carried in the aircraft;

 

      (v)   the aircraft is not flying for the purpose of public transport or aerial work; and

 

      (vi)   he so acts in accordance with instructions given by a person holding a pilot's licence granted under these Regulations, being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown.

   (2) Subject to the provisions of this regulation, a person shall not act as a member of the flight crew required by or under these Regulations to be carried in an aircraft registered in a country other than Botswana unless-

 

   (a)   in the case of an aircraft flying for the purpose of public transport or aerial work, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered; or

 

   (b)   in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under these Regulations, and the Director does not in the particular case give a direction to the contrary.

   (3) For the purposes of this regulation, a licence granted under the law of a contracting State purporting to authorize the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorize him to act as a student pilot only, shall, unless the Director in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under these Regulations but shall not entitle the holder to act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew on any flight.

   (4) Notwithstanding the provisions of subregulation (1), a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in Botswana for the purpose of undergoing training or tests for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the following conditions are complied with-

 

   (a)   no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with these Regulations, a person authorized by the Director to witness the aforesaid training or tests or to conduct the aforesaid tests, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and

 

   (b)   the person acting as the pilot of the aircraft without being the holder of an appropriate licence holds a pilot's, a navigator's or a flight engineer's licence granted under regulation 20 and the purpose of the training or test is to enable him to qualify under these Regulations for the grant of a pilot's licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence.

   (5) Notwithstanding the provisions of subregulation (1), a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in Botswana for the purposes of undergoing training or tests for the grant or renewal of a flight navigator's, or a flight engineer's licence, or for the inclusion, renewal or extension of a rating thereon, without being the holder of an appropriate licence if he acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

   (6) An appropriate licence for the purposes of this regulation means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.

   (7) Nothing in this regulation shall require an appropriate licence to be held by a person by reason of his acting as a member of the flight crew of a glider unless-

 

   (a)   he acts as a flight radio operator; or

 

   (b)   the glider is flying for the purposes of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying in a glider owned and operated by a flying club of which both the person giving and the person receiving instruction are members.

   (8) Notwithstanding anything in this regulation-

 

   (a)   the holder of a licence granted or rendered valid under these Regulations, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in Botswana in or over the territory of a contracting State, except in accordance with permission granted by the competent authorities of that State;

 

   (b)   the holder of a licence granted or rendered valid under the law of a contracting State, being a licence endorsed as aforesaid, shall not act as a member of the flight crew of any aircraft in or over Botswana except in accordance with permission granted by the Director, whether or not the licence is or is deemed to be rendered valid under these Regulations.

 

20.   Grant, renewal and effect of flight crew licences

   (1) The Director may grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of the Ninth Schedule authorizing the holder to act as a member of the flight crew of an aircraft registered in Botswana upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Director may require of him.

   (2) A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the said Schedule.

   (3) A licence granted under this regulation shall not be valid unless it bears thereon the ordinary signature of the holder in ink.

   (4) A licence shall, subject to the provisions of regulation 58, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the said Schedule, and may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit person and qualified as aforesaid.

   (5) The Director may include in a licence a rating, subject to such conditions as he thinks fit, of any of the classes specified in Part B of the said Schedule, upon his being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, and such rating shall be deemed to form part of the licence.

   (6) Subject to any conditions of the licence and to the provisions of these Regulations, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the said Schedule under the heading "privileges", and a rating of any class shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating in Part B of the said Schedule.

   (7) Subject to the provisions of subregulation (9), the holder of a pilot's licence or a flight engineer's licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part:

   Provided that the holder of a Private Pilot's Licence (Balloons and Airships), a Commercial Pilot's Licence (Balloons) or a Commercial Pilot's Licence (Airships) shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate.

   (8) The holder of a flight navigator's licence shall not be entitled to perform functions on a flight to which regulation 18(4) applies unless the licence bears a valid certificate of experience, which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part.

   (9) In the case of a certificate of test or a certificate of experience issued in accordance with Part C of the said Schedule on or after 1st July, 1979, the holder of a Private Pilot's Licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by subregulation (7) is included in the personal flying log book required to be kept by him under regulation 22.

   (10) A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), a flying instructor's rating, an assistant flying instructor's rating or an instrument meteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificate of test which certificate shall be appropriate to the functions to which the rating relates in accordance with Part C of the said Schedule and shall otherwise comply with that Part.

   (11) A person who, on the last occasion when he took a test for the purposes of subregulations (7) to (9) or (10), failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.

   (12) The holder of a licence, other than a flight radiotelephony operator's licence, granted under this regulation, shall not be entitled to perform any of the functions to which his licence relates unless it includes a valid medical certificate.

   (13) Every applicant for or holder of such a licence shall upon such occasions as the Director may require submit himself to medical examination by a person approved by the Director either generally or in a particular case who shall make a report to the Director in such form as the Director may require.

   (14) Where the medical examination referred to in subregulation (13) has been conducted in Botswana, the Director or any person approved by him as competent to do so may, on the basis thereof, issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to subregulations (16) and (17), be valid for such period as is therein specified and shall be deemed to form part of the licence.

   (15) Where the medical examination is conducted outside Botswana the person conducting the examination shall, in addition to making a report to the Director, issue a certificate certifying, if such is, in his opinion, the case, that the holder of the licence is fit to perform the functions to which the licence relates and the said certificate may be deemed by the Director to be a medical certificate for the purposes of this regulation, and if so shall be valid for such period as may be specified therein in writing by the person conducting the examination.

   (16) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in Botswana if he knows or has reason to believe that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.

   (17) Every holder of a medical certificate issued under regulation 19 or this regulation who-

 

   (a)   suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew;

 

   (b)   suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more; or

 

   (c)   in the case of a woman, has reason to believe that she is pregnant,

shall inform the Director in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 20 days has elapsed in the case of illness. The medical certificate shall be deemed to be suspended upon the occurrence of such injury or pregnancy or the elapse of such period of illness, and such suspension shall cease in the case of injury or illness upon the holder being medically examined under arrangements made by the Director and pronounced fit to resume his functions as a member of the flight crew or upon the Director exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination, and, in the case of pregnancy, upon the holder being medically examined under arrangements made by the Director after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.

   (18) Nothing in these Regulations shall prohibit the holder of a pilot's licence from acting as pilot of an aircraft not exceeding 5700 kg maximum total weight authorized when, with the permission of the Director, he is testing any person for the purposes of subregulation (1), (2), (3), (4), (5), (7), (8), (9) or (10), notwithstanding that the type of aircraft in which the test is conducted is not specified in the aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test or a valid certificate of experience in respect of the type of aircraft.

   (19) Where any provision of Part C of the said Schedule or Part B of the Eleventh Schedule permits a test to be conducted in a flight simulator approved by the Director, that approval may be granted subject to such conditions as the Director thinks fit.

   (20) The Director may prescribe a shorter maximum period of validity for any class of licence mentioned in Part A of the Ninth Schedule than the maximum period specified in such Schedule and may prescribe a maximum period where none is specified.

 

21.   Validation of licences

   The Director may issue a certificate of validation rendering valid for the purposes of these Regulations any licence granted to a member of the flight crew of aircraft under the law of any country other than Botswana; a certificate of validation may be issued subject to such conditions and for such periods as the Director thinks fit.

 

22.   Personal flying log book

   Every member of the flight crew of an aircraft registered in Botswana and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under these Regulations shall keep a personal flying log book in which the following particulars shall be recorded-

 

   (a)   the name and address of the holder of the log book;

 

   (b)   particulars of the holder's licence, if any, to act as a member of the flight crew of an aircraft;

 

   (c)   the name and address of his employer, if any;

 

   (d)   particulars of all flights made as a member of the flight crew of an aircraft, including-

 

      (i)   the date, duration and places of arrival and departure of each flight;

 

      (ii)   the type and registration marks of the aircraft;

 

      (iii)   the capacity in which the holder acted in-flight;

 

      (iv)   particulars of any special conditions under which the flight was conducted, including night flying and instrument flying; and

 

      (v)   particulars of any test or examination undertaken whilst in-flight; and

 

   (e)   particulars of any test or examination undertaken whilst in a flight simulator, including-

 

      (i)   the date of the test or examination;

 

      (ii)   the type of simulator;

 

      (iii)   the capacity in which the holder acted; and

 

      (iv)   the nature of the test or examination.

 

23.   Instruction in flying

   (1) A person shall not give any instruction in flying to any person flying or about to fly a flying machine for the purpose of becoming qualified for-

 

   (a)   the grant of a pilot's licence;

 

   (b)   the inclusion in a pilot's licence of an aircraft rating entitling the holder of the licence to act as pilot of-

 

      (i)   a multi-engined aircraft; or

 

      (ii)   an aircraft of any class appearing in column 4 of the Table in Part A of the First Schedule,

 

      if the person under instruction has not been previously entitled under these Regulations to act as pilot of multi-engined aircraft, or of an aircraft of that class, as the case may be; or

 

   (c)   the inclusion or variation of any rating, other than an aircraft rating, in a pilot's licence,

unless-

 

      (i)   the person giving the instruction holds a licence, granted or rendered valid under these Regulations, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which instruction is to be given;

 

      (ii)   such licence includes a flying instructor's rating or an assistant flying instructor's rating entitling the holder, in accordance with the privileges specified in the Ninth Schedule in respect of that rating, to give the instruction; and

 

      (iii)   if consideration is given for the instruction, such licence entitles the holder to act as pilot in command of an aircraft flying for the purpose of public transport:

   Provided that subparagraph (iii) shall not apply if the aircraft is owned or is operated under arrangements entered into by a flying club of which both the person giving and the person receiving the instruction are members.

   (2) For the purposes of this regulation consideration shall be deemed to be given for instruction if any reward is given or promised by any person to any other person in consideration of the flight being made or of the instruction being given or if the instruction is given by a person employed for reward primarily for the purpose of giving such instruction.

 

24.   Glider pilot-minimum age

   A person under the age of 17 years shall not act as pilot in command of a glider.

PART VI
Operation of Aircraft
(regs 25-49)

 

25.   Operations manual

   (1) This regulation shall apply to public transport aircraft registered in Botswana except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either-

 

   (a)   flights solely for training persons to perform duties in an aircraft; or

 

   (b)   flights intended to begin and end at the same aerodrome.

   (2) The operator of every aircraft to which this regulation applies shall-

 

   (a)   make available to each member of his operating staff an operations manual;

 

   (b)   ensure that each copy of the operations manual is kept up-to-date; and

 

   (c)   ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.

   (3) Each operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such including in particular information and instructions relating to the matters specified in Part A of the Eleventh Schedule:

   Provided that the operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.

   (4) An aircraft to which this regulation applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished the Director with a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.

   (5) Any amendments or additions to the operations manual shall be furnished to the Director by the operator before or immediately after they come into effect:

   Provided that, where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Director.

   (6) Without prejudice to the generality of subregulations (4) and (5), the operator shall make such amendments or additions to the operations manual as the Director may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

   (7) For the purposes of this regulation and the Eleventh Schedule "operating staff" means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions.

   (8) If in the course of a flight on which the equipment specified in Scale O in paragraph 4 of the Fifth Schedule is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.

 

26.   Training manual

   (1) The operator of every aircraft registered in Botswana and flying for the purpose of public transport shall-

 

   (a)   make a training manual available to every person appointed by the operator to give or to supervise the training, experience, practice or periodical tests required under regulation 27(2); and

 

   (b)   ensure that each copy of that training manual is kept up-to-date.

   (2) Each training manual shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or to supervise the training, experience, practice and periodical tests required under regulation 27(2) to perform his duties as such including in particular information and instructions relating to the matters specified in Part C of the Eleventh Schedule.

   (3) An aircraft to which this regulation applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Director a copy of the whole of his training manual relating to the crew of that aircraft.

   (4) Any amendments or additions to the training manual shall be furnished to the Director by the operator before or immediately after they come into effect:

   Provided that where an amendment or addition relates to training, experience, practice or periodical tests on an aircraft to which the training manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Director.

   (5) Without prejudice to the generality of subregulations (3) and (4), the operator shall make such amendments or additions to the training manual as the Director may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.

 

27.   Public transport-operator's responsibilities

   (1) The operator of an aircraft registered in Botswana shall not permit the aircraft to fly for the purpose of public transport without first-

 

   (a)   designating from among the flight crew a pilot to be the commander of the aircraft for the flight;

 

   (b)   satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and

 

   (c)   satisfying himself by every reasonable means that the aerodromes at which it is intended to take-off or land and any alternate aerodrome at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped (including such manning and equipment as are specified in paragraph 10 of the Fifteenth Schedule) to ensure the safety of the aircraft and its passengers:

   Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident.

   (2) The operator of an aircraft registered in Botswana shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless such person has had the training, experience, practice and periodical tests specified in Part B of the Eleventh Schedule in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties and, in particular, to use the equipment provided in the aircraft for that purpose. The operator shall maintain, preserve, produce and furnish information respecting records relating to the foregoing matters in accordance with Part B of the said Schedule.

   (3) The operator of an aircraft registered in Botswana shall not permit any member of the flight crew thereof, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.

 

28.   Loading-public transport aircraft and suspended loads

   (1) The operator of an aircraft registered in Botswana shall not cause or permit it to be loaded for a flight for the purpose of public transport, or any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that-

 

   (a)   the load may safely be carried on the flight; and

 

   (b)   any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with.

   (2) The instructions shall indicate the weight of the aircraft prepared for service, that is, the aggregate of the basic weight (shown in the weight schedule referred to in regulation 16) and the weight of such additional items in or on the aircraft as the operator thinks fit to include; and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and shall show the position of the centre of gravity of the aircraft at that weight:

   Provided that this subregulation shall not apply in relation to a flight if-

 

   (i)   the aircraft's maximum total weight authorized does not exceed 1 150 kg; or

 

   (ii)   the aircraft's maximum total weight authorized does not exceed 2 730 kg and the flight is intended not to exceed 60 minutes in duration and is either-

 

      (a)   a flight solely for training persons to perform duties in an aircraft; or

 

      (b)   a flight intended to begin and end at the same aerodrome.

   (3) The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in subregulation (1).

   (4) The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified in paragraph 1 of the Fifteenth Schedule, and shall (unless he is himself the commander of the aircraft) submit the load sheet for examination by the commander of the aircraft who shall sign his name thereon:

   Provided that the foregoing requirements of this subregulation shall not apply if-

 

   (i)   the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or

 

   (ii)   subregulation (2) does not apply in relation to the flight.

   (5) One copy of the load sheet shall be carried in the aircraft when regulation 54 so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this regulation shall be preserved by the operator until the expiration of a period of six months thereafter and shall not be carried in the aircraft.

 

29.   Public transport-operating conditions

   (1) An aircraft registered in Botswana shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the requirements specified in paragraph 4 of the Fifteenth Schedule in respect of its weight and related performance are complied with.

   (2) The assessment of the ability of an aircraft to comply with subregulation (1) shall be based on the information as to its performance contained in the certificate of airworthiness relating to the aircraft. In the event of the information given therein being insufficient for that purpose, such assessment shall be based on the best information available to the commander of the aircraft.

   (3) A flying machine registered in Botswana when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aircraft-

 

   (a)   if it has one engine only, in the event of the failure of that engine; or

 

   (b)   if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness relating to the aircraft,

to reach a place at which it can safely land at a height sufficient to enable it to do so.

   (4) Without prejudice to the provisions of subregulation (3), an aeroplane in respect of which there is in force under these Regulations a certificate of airworthiness designating the aeroplane as being of performance Group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than two power units. For the purposes of this subregulation, flying time shall be calculated at normal cruising speed with one power unit inoperative.

 

30.   Aircraft registered in Botswana-aerodrome operating minima

   (1) The operator of every aircraft to which regulation 25 applies shall establish and include in the operations manual relating to the aircraft particulars of aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:

   Provided that in relation to any flight wherein it is not practicable to include such information in the operations manual the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished, in writing, to the commander of the aircraft particulars of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome and calculated in accordance with the specified method; and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.

   (2) The operator of every aircraft shall include in the operations manual relating to that aircraft such data and instructions as will enable the commander of the aircraft to calculate aerodrome operating minima appropriate to aerodromes the use of which could not reasonably have been foreseen by the operator prior to the commencement of the flight.

   (3) The aerodrome operating minima specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing.

   (4) In establishing aerodrome operating minima for the purposes of this regulation the operator of the aircraft shall take into account the following matters-

 

   (a)   the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;

 

   (b)   the composition of its crew;

 

   (c)   the physical characteristics of the relevant aerodrome and its surroundings;

 

   (d)   the dimensions of the runways which may be selected for use; and

 

   (e)   whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids,

and shall establish in relation to each runway which may be selected for use aerodrome operating minima appropriate to each set of circumstances which can reasonably be expected.

   (5) An aircraft to which regulation 25 applies shall not commence a flight at a time when-

 

   (a)   the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or

 

   (b)   according to the information available to the commander of the aircraft it would not be able, without contravening subregulation (6), to commence or continue an approach to landing at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.

   (6) An aircraft to which regulation 25 applies shall not-

 

   (a)   commence or continue an approach to landing at any aerodrome if the runway visual range at that aerodrome is at the time less than the specified minimum for landing; except that an approach to landing may be continued if, when the commander of the aircraft receives information that the runway visual range is less than the specified minimum for landing-

 

      (i)   the aircraft is below the specified decision height;

 

      (ii)   the specified visual reference has been established at the decision height and is maintained; and

 

      (iii)   the approach to landing has, at least until the specified visual reference has been established, been made by use of an instrument landing system notified for the purposes of these Regulations; or

 

   (b)   continue an approach to landing at any aerodrome by flying below the specified decision height unless from that height the specified visual reference for landing is established and is maintained.

   (7) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air and Air Traffic Control to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.

   (8) In this regulation "specified", in relation to an aircraft, means specified by the operator in, or ascertainable by reference to, the operations manual relating to that aircraft.

 

31.   Aircraft not registered in Botswana-aerodrome operating minima

   (1) A public transport aircraft registered in a country other than Botswana shall not fly in or over Botswana unless the operator thereof has furnished the Director with such particulars as he may from time to time have required relating to the aerodrome operating minima specified by the operator in relation to aerodromes in Botswana for the purpose of limiting their use by the aircraft for take-off or landing, including any instructions given by the operator in relation to such aerodrome operating minima. The aircraft shall not fly in or over Botswana unless the operator has made such amendments or additions to the aerodrome operating minima so specified and any instructions so given as the Director may require for the purpose of ensuring the safety of the aircraft or the safety, efficiency or regularity of air navigation.

   (2) The aircraft shall not begin or end a flight at an aerodrome in Botswana in contravention of the aerodrome operating minima so specified in relation to that aerodrome or of the instructions referred to in subregulation (1).

   (3) Without prejudice to the provisions of subregulation (2), a public transport aircraft registered in a country other than Botswana shall not-

 

   (a)   commence or continue an approach to landing at any aerodrome in Botswana if the runway visual range at that aerodrome is at the time less than the specified minimum for landing; except that an approach to landing may be continued if, when the commander of the aircraft receives information that the runway visual range is less than the specified minimum for landing-

 

      (i)   the aircraft is below the specified decision height;

 

      (ii)   the specified visual reference has been established at the decision height and is maintained; and

 

      (iii)   the approach to landing has, at least until the specified visual reference has been established, been made by use of an instrument landing system notified for the purposes of these Regulations; or

 

   (b)   continue an approach to landing at any aerodrome in Botswana by flying below the specified decision height unless from that height the specified visual reference is established and is maintained.

   (4) In this regulation "specified", in relation to an aircraft, means specified by the operator in, or ascertainable by reference to, the operations manual relating to that aircraft.

 

32.   Pre-flight action by commander of aircraft

   The commander of an aircraft registered in Botswana shall satisfy himself before the aircraft takes off-

 

   (a)   that the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

 

   (b)   that the equipment (including radio apparatus) required by or under these Regulations to be carried in the circumstances of the intended flight is carried and is in a fit condition for use;

 

   (c)   that the aircraft is in every way fit for the intended flight, and that where a certificate of maintenance is required by regulation 9(1) to be in force it is in force and will not cease to be in force during the intended flight;

 

   (d)   that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;

 

   (e)   in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, in the case of a flight for the purpose of public transport, that instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;

 

   (f)   in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;

 

   (g)   in the case of a flying machine, that, having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; and

 

   (h)   that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.

 

33.   Pilots to remain at controls

   The commander of an aircraft registered in Botswana, being a flying machine or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight. If the aircraft is required by or under these Regulations to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing. If the aircraft carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the public transport of passengers the commander shall remain at the controls during take-off and landing. Each pilot at the controls shall be secured in his seat by either a safety belt or a safety harness except that during take-off and landing a safety harness shall be used if it is required by regulation 13 to be provided.

 

34.   Public transport of passengers-duties of commander

   (1) This regulation shall apply to flights for the purpose of the public transport of passengers by aircraft registered in Botswana.

   (2) In relation to every flight to which this regulation applies the commander of the aircraft shall-

 

   (a)   before the aircraft takes off, take all reasonable steps to ensure that all passengers are made familiar with the position and method of use of emergency exits, safety belts, safety harnesses, oxygen equipment and lifejackets, and all other devices required by or under these Regulations and intended for use by passengers individually in case of an emergency occurring to the aircraft:

 

         Provided that in relation to lifejackets this requirement may, except in the case of a seaplane, be complied with at any time before the aircraft reaches a point beyond gliding distance from land;

 

   (b)   if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than 30 minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water) from the nearest land, take all reasonable steps to ensure that before that point is reached all passengers are given a practical demonstration of the method of use of the lifejackets required by or under these Regulations for the use of passengers;

 

   (c)   if the aircraft is a seaplane, take all reasonable steps to ensure that before the aircraft takes off all passengers are given a practical demonstration of the method of use of the equipment referred to in the preceding paragraph;

 

   (d)   before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with regulation 18(7) to (11) are properly secured in seats which shall be in a passenger compartment and which shall be so situated that those persons can readily assist passengers;

 

   (e)   before the aircraft takes off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during flight he considers the precaution necessary, take all reasonable steps to ensure that all passengers are properly secured in their seats by safety belts or safety harnesses;

 

   (f)   in an emergency, take all reasonable steps to ensure that all passengers are instructed in the emergency action which they should take;

 

   (g)   except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that-

 

      (i)   before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of regulation 13 is demonstrated to all passengers;

 

      (ii)   on reaching such altitude all passengers are recommended to use oxygen; and

 

      (iii)   during any continuous period exceeding 30 minutes when the aircraft is flying above flight level 100 but not above flight level 130, and whenever the aircraft is flying above flight level 130, oxygen is used by all the crew of the aircraft.

 

35.   Operation of radio in aircraft

   (1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law.

   (2) Whenever an aircraft is in flight in such circumstances that it is required by or under these Regulations to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft:

   Provided that-

 

   (i)   the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and

 

   (ii)   the watch may be kept by a device installed in the aircraft if-

 

      (a)   the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and

 

      (b)   that station is notified, or, in the case of a station situated in a country other than Botswana, otherwise designated as transmitting a signal suitable for that purpose.

   (3) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows-

 

   (a)   emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;

 

   (b)   distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;

 

   (c)   messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and

 

   (d)   such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in subregulation (1).

   (4) In every aircraft registered in Botswana which is equipped with radio communication apparatus, a telecommunication log book shall be kept in which the following entries shall be made-

 

   (a)   the identification of the aircraft radio station;

 

   (b)   the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained;

 

   (c)   the date and time, and particulars of all messages and signals sent or received, including in particular details of any distress signals or distress messages sent or received;

 

   (d)   particulars of any action taken upon the receipt of a distress signal or distress message; and

 

   (e)   particulars of any failure or interruption of radio communications and the cause thereof:

   Provided that a telecommunication log book shall not be required to be kept in respect of communication by radiotelephony with a radio station on land or on a ship which provides a radio service for aircraft.

   (5) The flight radio operator maintaining radio watch shall sign the entries in the telecommunication log book indicating the times at which he began and ended the maintenance of such watch.

   (6) The telecommunication log book shall be preserved by the operator of the aircraft until a date six months after the date of the last entry therein.

   (7) The Director may require that, in any flying machine registered in Botswana which is engaged on a flight for the purpose of public transport, the pilot and the flight engineer (if any) shall not make use of a hand-held microphone (whether for the purpose of radio communication or of inter-communication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.

 

36.   Use of flight data recorders and preservation of records

   (1) On any flight on which a flight data recorder is required by paragraph 3(5) of the Fifth Schedule to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.

   (2) The operator of the aeroplane shall at all times, subject to the provisions of regulation 57, preserve-

 

   (a)   the last 25 hours of recording made by any flight data recorder required by or under these Regulations to be carried in an aeroplane; and

 

   (b)   a record of not less than one representative flight, that is, a recording of a flight made within the last 12 months which includes a take-off climb, cruise, descent, approach to landing and landing, together with a means of identifying the record with the flight to which it relates,

and shall preserve such records for such period as the Director may in a particular case direct.

 

37.   Towing of gliders

   (1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose.

   (2) The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 m.

   (3) The commander of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off-

 

   (a)   that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider is capable of flying in the manner referred to in regulation 32(g);

 

   (b)   that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; and

 

   (c)   that emergency signals have been agreed between the commander of the towing aircraft and the commander of the glider, to be used respectively by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider and by the commander of the glider to indicate that the tow cannot be released.

   (4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.

 

38.   Towing, picking up and raising of persons and articles

   (1) Subject to the provisions of this regulation, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose.

   (2) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.

   (3) The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 m.

   (4) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any person, animal or article is suspended from the helicopter.

   (5) Nothing in this regulation shall-

 

   (a)   prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under these Regulations to be towed or displayed by an aircraft in flight;

 

   (b)   prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;

 

   (c)   apply to any aircraft while it is flying in accordance with the "B Conditions" set forth in the Second Schedule; and

 

   (d)   be taken to permit the towing or picking up of a glider otherwise than in accordance with regulation 37.

 

39.   Dropping of persons, animals, and articles

   (1) Persons, animals and articles (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

   (2) Persons, animals and articles (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over Botswana:

   Provided that this subregulation shall not apply to the descent of persons by parachute from an aircraft in an emergency, or to the dropping of articles by, or with the authority of, the commander of the aircraft in any of the following circumstances-

 

   (i)   the dropping of articles for the purpose of saving life;

 

   (ii)   the jettisoning, in case of emergency, of fuel or other articles in the aircraft;

 

   (iii)   the dropping of ballast in the form of fine sand or water;

 

   (iv)   the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of these Regulations;

 

   (v)   the dropping at an aerodrome in accordance with prescribed regulations of ropes, banners, or similar articles towed by aircraft;

 

   (vi)   the dropping of articles for the purposes of agriculture, horticulture, forestry or public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Director and in accordance with any conditions subject to which that permission may have been given.

   (3) For the purposes of this regulation "dropping" includes projecting and lowering.

   (4) Nothing in this regulation shall prohibit the lowering of any person, animal or article from a helicopter to the surface if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.

 

40.   Carriage of weapons and of munitions of war

   (1) An aircraft shall not carry any munitions of war.

   (2) It shall be unlawful for any person to take or cause to be taken on board an aircraft, or to deliver or cause to be delivered for carriage thereon, any goods which he knows or has reason to believe or suspect to be munitions of war.

   (3) For the purposes of this regulation "munitions of war" means such weapons and ammunition as are designed for use in warfare including parts for such weapons and ammunition.

   (4) Without prejudice to subregulations (1) and (2) it shall be unlawful for a person to carry or have in his charge any weapon on board an aircraft registered in Botswana:

   Provided that a weapon, not being munitions of war, may be carried as passenger's baggage if it is stowed in a part of the aircraft inaccessible to passengers and if, in the case of a firearm, it is not loaded.

   (5) Nothing in this regulation shall apply to weapons or ammunition taken or carried on board an aircraft registered in a country other than Botswana if the weapons or ammunition, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.

 

41.   Carriage of dangerous goods

   (1) Dangerous goods shall not be carried in an aircraft except-

 

   (a)   goods carried in accordance with any regulations which the Director may make to permit dangerous goods to be carried either in aircraft generally or in aircraft of any class specified in the regulations;

 

   (b)   goods carried with the written permission of the Director and in accordance with any conditions to which such permission may be subject;

 

   (c)   goods carried in aircraft with the consent of the operator thereof for the purpose of ensuring the proper navigation or safety of the aircraft or the well-being of any person on board;

 

   (d)   goods permitted to be carried under the laws of the country in which the aircraft is registered, if there is in force in relation to such country an agreement between the Government of Botswana and the Government of that country permitting the carriage of dangerous goods within Botswana in aircraft registered in that country.

   (2) Dangerous goods permitted by or under these Regulations to be carried in an aircraft shall not be loaded as cargo therein unless-

 

   (a)   the consignor of the goods has furnished the operator of the aircraft particulars in writing of the nature of the goods and the danger to which they give rise; and

 

   (b)   the goods or any container in which they are packed are clearly marked so as to indicate that danger to the person loading the goods in the aircraft.

   (3) The operator of the aircraft shall, before the flight begins, inform the commander of the aircraft of the identity of the goods, the danger to which they give rise and the weight or quantity of the goods.

   (4) It shall be unlawful for any person to take or cause to be taken on board an aircraft, or to deliver or cause to be delivered for loading thereon, any goods which he knows or has reason to believe or suspect to be dangerous goods the carriage of which is prohibited by this regulation.

   (5) The provisions of this regulation shall be additional to and not in derogation from the provisions of regulation 40.

 

42.   Method of carriage of persons

   No person shall be in or on any part of an aircraft in flight which is not a part designated for the accommodation of persons and in particular a person shall not be on the wings or undercarriage of an aircraft. No person shall be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight:

   Provided that a person may have temporary access to-

 

   (i)   any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein;

 

   (ii)   any part of an aircraft in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aircraft is in flight.

 

43.   Exits and break-in markings

   (1) This regulation shall apply to every public transport aircraft registered in Botswana.

   (2) Whenever an aircraft to which this regulation applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall be in working order, and during take-off and landing and during any emergency every such exit and door shall be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers:

   Provided that-

 

   (i)   an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Director either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers;

 

   (ii)   a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment;

 

   (iii)   nothing in this subregulation shall apply to any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aircraft in an emergency if it is not in working order.

   (3) Every exit from the aircraft, being an exit intended to be used by passengers in normal circumstances, shall be marked with the word "Exit" in capital letters and every exit, being an exit intended to be used by passengers in an emergency only, shall be marked with the words "Emergency Exit" in capital letters.

   (4) Every exit from the aircraft shall be marked with instructions in English and Setswana and with diagrams to indicate the correct method of opening the exit.

   (5) The markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it is openable from the outside of the aircraft, on or near the exterior surface.

   (6) Every aircraft to which this regulation applies being an aircraft of which the maximum total weight authorized exceeds 1 500 kg, shall be marked upon the exterior surface of its fuselage with markings to show the areas (in this subregulation and subregulations (7) and (8) referred to as "break-in areas") which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.

   (7) The break-in areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 10 cm in length along its outer edge and 2,5 cm in width.

   (8) The words "Cut here in Emergency" shall be marked across the centre of each break-in area in capital letters.

   (9) The markings required by this regulation shall be-

 

   (a)   painted, or affixed by other equally permanent means;

 

   (b)   red in colour, and, in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them readily visible;

 

   (c)   kept at all times clean and unobscured.

   (10) If one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this regulation shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced:

   Provided that-

 

   (i)   the number of passengers carried and the position of the seats which they occupy is in accordance with arrangements approved by the Director either in relation to the particular aircraft or to a class of aircraft; and

 

   (ii)   in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words "Exit" or "Emergency Exit" are covered, and the exit is marked by a red disc at least 23 cm in diameter with a horizontal white bar across it bearing the words "No Exit" in red letters.

 

44.   Imperilling safety of aircraft

   No person shall wilfully or negligently act in a manner likely to endanger an aircraft or any person therein.

 

45.   Imperilling safety of any person or property

   No person shall wilfully or negligently cause or permit an aircraft to endanger any person or property.

 

46.   Drunkenness in aircraft

   (1) No person shall enter any aircraft when drunk, or be drunk in any aircraft.

   (2) No person shall, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.

 

47.   Smoking in aircraft

   (1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in Botswana so as to be visible from each passenger seat therein.

   (2) No person shall smoke in any compartment of an aircraft registered in Botswana at any time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.

 

48.   Authority of commander of aircraft

   Every person in an aircraft registered in Botswana shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

 

49.   Stowaways

   No person shall secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander thereof or of any other person entitled to give consent to his being carried in the aircraft.

PART VII
Fatigue of Crew
(regs 50-53)

 

50.   Application and interpretation of Part VII

   (1) Regulations 51 and 52 shall apply in relation to any aircraft registered in Botswana which is either-

 

   (a)   engaged on a flight for the purpose of public transport; or

 

   (b)   operated by an air transport undertaking:

   Provided that such regulations shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or flying school, or a person who is not an air transport undertaking.

   (2) In this Part, except where the context otherwise requires-

   "day" means a continuous period of 24 hours beginning at midnight Greenwich Mean Time;

   "flight time", in relation to any person, means all time spent by that person in an aircraft, whether or not registered in Botswana (other than an aircraft of which the maximum total weight authorized does not exceed 1 600 kg and which is not flying for the purpose of public transport or aerial work) while it is in flight and he is carried therein as a member of the crew thereof.

 

51.   Fatigue of crew-operator's responsibilities

   (1) The operator of an aircraft to which this regulation applies shall not cause or permit that aircraft to make a flight unless-

 

   (a)   he has established a scheme for the regulation of flight times for every person flying in that aircraft as a member of its crew;

 

   (b)   the scheme is approved by the Director subject to such conditions as he thinks fit;

 

   (c)   either-

 

      (i)   the scheme is incorporated in the operations manual required by regulation 25; or

 

      (ii)   in a case where an operations manual is not required by that regulation, the scheme is incorporated in a document, a copy of which has been made available to every person flying in that aircraft as a member of its crew; and

 

   (d)   he has taken all such steps as are reasonably practicable to ensure that the provisions of the scheme will be complied with in relation to every person flying in that aircraft as a member of its crew.

   (2) The operator of an aircraft to which this regulation applies shall not cause or permit any person to fly therein as a member of its crew if he knows or has reason to believe that that person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while he is so flying as may endanger the safety of the aircraft or of its occupants.

   (3) The operator of an aircraft to which this regulation applies shall not cause or permit any person to fly therein as a member of its flight crew unless the operator has in his possession an accurate and up-to-date record in respect of that person and in respect of the 28 days immediately preceding the flight showing-

 

   (a)   all his flight times; and

 

   (b)   brief particulars of the nature of the functions performed by him in the course of his flight times.

   (4) The record referred to in subregulation (3) shall, subject to the provisions of regulation 57, be preserved by the operator of the aircraft until a date 12 months after the flight referred to in that subregulation.

 

52.   Fatigue of crew-responsibilities of crew

   (1) No person shall act as a member of the crew of an aircraft to which this regulation applies if he knows or has reason to believe that he is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of the aircraft or of its occupants.

   (2) No person shall act as a member of the flight crew of an aircraft to which this regulation applies unless he has ensured that the operator of the aircraft is aware of his flight times during the period of 28 days preceding the flight.

 

53.   Flight times-responsibilities of flight crew

   No person shall act as a member of the flight crew of an aircraft registered in Botswana if at the beginning of the flight the aggregate of all his previous flight times-

 

   (a)   during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours; or

 

   (b)   during the period of 12 months expiring at the end of the previous month exceeds 900 hours:

   Provided that this regulation shall not apply to a flight made-

 

      (i)   in an aircraft of which the maximum total weight authorized does not exceed 1 600 kg and which is not flying for the purposes of public transport or aerial work; or

 

      (ii)   in an aircraft not flying for the purpose of public transport nor operated by an air transport undertaking, if at the time when the flight begins the aggregate of all the flight times of the aforesaid person since he was last medically examined and found fit by a person approved by the Director for the purposes of regulation 20(12) to (15) does not exceed 25 hours.

PART VIII
Documents and Records
(regs 54-59)

 

54.   Documents to be carried

   (1) An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.

   (2) An aircraft registered in Botswana shall, when in flight, carry documents in accordance with the Twelfth Schedule:

   Provided that, if the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than Botswana, the documents may be kept at that aerodrome instead of being carried in the aircraft.

 

55.   Records to be kept

   The operator of a public transport aircraft registered in Botswana shall, in respect of any flight by that aircraft during which it may fly at an altitude of more than 49 000 feet, keep a record in a manner prescribed by the Director of the total dose of cosmic radiation to which the aircraft is exposed during the flight together with the names of the members of the crew of the aircraft during the flight.

 

56.   Production of documents and records

   (1) The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person-

 

   (a)   the certificates of registration and airworthiness in force in respect of the aircraft;

 

   (b)   the licences of its flight crew; and

 

   (c)   such other documents as the aircraft is required by regulation 54 to carry when in flight.

   (2) The operator of an aircraft registered in Botswana shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person such of the following documents or records as may have been requested by that person, being documents or records which are required, by or under these Regulations, to be in force or to be carried, preserved or made available-

 

   (a)   the documents referred to in the Twelfth Schedule as Documents A, B and G;

 

   (b)   the aircraft log book, engine log books and variable pitch propeller log books required under these Regulations to be kept;

 

   (c)   the weight schedule, if any, required to be preserved under regulation 16;

 

   (d)   in the case of a public transport aircraft or aerial work aircraft, the documents referred to in the Twelfth Schedule as Documents D, E, F and H;

 

   (e)   any records, which he is required by regulation 51(4) to preserve, and such other documents and information in the possession or control of the operator, as the authorized person may require for the purpose of determining whether or not those records are complete and accurate;

 

   (f)   any such operations manuals as are required to be made available under regulation 25(2)(a);

 

   (g)   the record made by any flight recorder required to be carried by or under these Regulations; and

 

   (h)   the record made from any cosmic radiation, detection equipment together with the record of the names of the members of the crew of the aircraft which are required to be kept under regulation 55.

   (3) The holder of a licence granted or rendered valid under these Regulations shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person his licence, including any certificate of validation. The requirements of this regulation shall be deemed to have been complied with, except in relation to licences required by regulation 54 to be carried in the aircraft or kept at an aerodrome, if the licence requested is produced within five days after the request has been made at a police station in Botswana specified, at the time of request, by the person to whom the request is made. The foregoing provisions of this regulation shall apply to a medical certificate issued pursuant to paragraph (b)(ii) of the proviso to regulation 19(1) as they apply to a licence granted or rendered valid under these Regulations.

   (4) Every person required by regulation 22 to keep a personal flying log book shall cause it to be produced within a reasonable time to an authorized person after being requested to do so by him within two years after the date of the last entry therein.

 

57.   Preservation of documents, etc.

   A person required by these Regulations to preserve any document or record by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his personal representative:

   Provided that if-

 

   (i)   another person becomes the operator of the aircraft and it remains registered in Botswana, he or his personal representative shall deliver to that other person upon demand the certificates of maintenance, release and compliance, the log books and the weight schedule and any record made by a flight data recorder and preserved in accordance with regulation 36(2) which are in force or required to be preserved in respect of that aircraft;

 

   (ii)   an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person and registered in Botswana, he or his personal representative shall deliver to that other person upon demand the log book relating to that engine or propeller;

 

   (iii)   any person in respect of whom a record has been kept by him in accordance with regulation 51 becomes a member of the flight crew of a public transport aircraft registered in Botswana and operated by another person, he or his personal representative shall deliver those records to that other person upon demand,

and it shall be the duty of that other person to deal with the document or record delivered to him as if he were the first-mentioned operator.

 

58.   Revocation, suspension and variation of certificates, licences and other documents

   (1) The Director may, if he thinks fit, provisionally suspend or vary any certificate, licence, approval, permission, exemption or other document issued, granted or having effect under these Regulations, pending enquiry into or consideration of the case. The Director may, on sufficient ground being shown to his satisfaction after due enquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption or other document.

   (2) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other document, which has been revoked, suspended or varied under these Regulations shall surrender it to the Director within a reasonable time after being required to do so by him.

   (3) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or other document, other than a licence issued in respect of an aerodrome, has been granted or issued, or which has effect under these Regulations shall, in the absence of provision to the contrary in the document, render the document invalid during the continuance of the breach.

   (4) Notwithstanding subregulation (1), a flight manual, performance schedule or other document incorporated by reference in the certificate of airworthiness may be varied on sufficient ground being shown to the satisfaction of the Director, whether or not after due enquiry.

 

59.   Offences in relation to documents and records

   (1) A person shall not with intent to deceive-

 

   (a)   use any certificate, licence, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he is not entitled;

 

   (b)   lend any certificate, licence, approval, permission, exemption or other document issued or having effect or required by or under these Regulations to, or allow it to be used by, any other person; or

 

   (c)   make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, licence, approval, permission or exemption or other document.

   (2) A person shall not wilfully mutilate, alter or render illegible any log book or other record required by or under these Regulations to be maintained or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in or material omission from any such log book or record or destroy any such log book or record during the period for which it is required under these Regulations to be preserved.

   (3) All entries made in writing in any log book or record referred to in subregulation (2) shall be made in ink or indelible pencil.

   (4) No person shall wilfully or negligently make in a load sheet any entry which is incorrect in any material particular, or any material omission from such a load sheet.

   (5) No person shall purport to issue any certificate for the purposes of these Regulations unless he is authorized to do so under these Regulations.

   (6) No person shall issue any such certificate as aforesaid unless he has satisfied himself that all statements in the certificate are correct.

PART IX
Control of Air Traffic
(regs 60-65)

 

60.   Rules of the air and air traffic control

   (1) Every person and every aircraft shall comply with such of the Rules of the Air and Air Traffic Control contained in the Fourteenth Schedule as may be applicable to that person or aircraft in the circumstances of the case.

   (2) Subject to the provisions of subregulation (3) it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air and Air Traffic Control.

   (3) It shall be lawful for the Rules of the Air and Air Traffic Control to be departed from to the extent necessary-

 

   (a)   for avoiding immediate danger; or

 

   (b)   for complying with the law of any country within which the aircraft then is.

   (4) If any departure from the Rules of the Air and Air Traffic Control is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within 10 days thereafter to the competent authority of the country in whose territory the departure was made or, if the departure was made over the high seas, to the Director.

   (5) Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.

   (6) The Minister may make rules supplementary to and not inconsistent with the Rules of the Air and Air Traffic Control and, where the Minister makes such rules, these Regulations shall apply as if every reference therein to the Rules of the Air and Air Traffic Control included a reference to such Rules.

 

61.   Licensing of air traffic controllers and student air traffic controllers

   (1) The Director may grant a licence subject to such conditions as he thinks fit to any person to act as an air traffic controller, or as a student air traffic controller, upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Director may require of him:

   Provided that the Director shall not grant-

 

   (i)   a student air traffic controller's licence to a person under the age of 18 years;

 

   (ii)   an air traffic controller's licence which includes an Aerodrome Control Rating, an Approach Control Rating or an Area Control Rating to a person under the age of 20 years; or

 

   (iii)   an air traffic controller's licence which includes any other rating to a person under the age of 21 years.

   (2) Every licence to act as an air traffic controller shall include-

 

   (a)   ratings of one or more of the classes set forth in the Tenth Schedule specifying the type of air traffic control service which the holder of the licence is competent to provide;

 

   (b)   a list of the places at which, and the type of radar equipment, if any, with the aid of which he may provide the service.

   (3) If throughout any period of 120 days the holder of the licence has not at any time provided at a particular place the type of air traffic control service specified in the rating, the rating shall, without prejudice to the Director's powers under regulation 58, cease to be valid for that place at the end of that period, and upon a rating ceasing to be valid for a place the holder of the licence shall forthwith inform the Director to that effect and shall forward the licence to the Director to enable it to be endorsed accordingly.

   (4) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorizing the holder to provide air traffic control service under the supervision of another person who is present at the time and is the holder of a valid air traffic controller's licence which includes a rating specifying the type of air traffic control service which is being provided by the student air traffic controller and valid at the place in question.

   (5) A licence to act as an air traffic controller or as a student air traffic controller shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.

   (6) Subject to the provisions of regulation 58, a licence to act as an air traffic controller or as a student air traffic controller shall remain in force for the period indicated in the licence and may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit person and is qualified as aforesaid.

   (7) Every applicant for and holder of an air traffic controller's licence or a student air traffic controller's licence shall upon such occasions as the Director may require submit himself to medical examination by a person approved by the Director either generally or in a particular case who shall make a report to the Director in such form as the Director may require.

   (8) On the basis of a medical examination referred to in subregulation (7), the Director or any person approved by him as competent to do so may issue a medical certificate subject to such conditions as he thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to regulation 63, be valid for such period as is therein specified and shall be deemed to form part of the licence.

   (9) The holder of an air traffic controller's licence or student air traffic controller's licence shall not provide any type of air traffic control service at any such aerodrome or place as is referred to in regulation 62(1) unless his licence includes a medical certificate issued and in force under subregulation (8).

 

62.   Prohibition of unlicensed air traffic controllers

   (1) A person shall not provide any type of air traffic control service at any aerodrome at which air traffic control service is required to be provided by or under the Rules of the Air and Air Traffic control or at any Government aerodrome or at any other place (not being an aerodrome) at which air traffic control service is provided (whether or not under the direction of the Director) unless he does so under and in accordance with the terms of-

 

   (a)   a valid student air traffic controller's licence granted under these Regulations and is supervised in accordance with regulation 61(4);

 

   (b)   a valid air traffic controller's licence so granted authorizing him to provide that type of service at that aerodrome or other place;

 

   (c)   a valid air traffic controller's licence so granted which does not authorize him to provide that type of service at the aerodrome or other place, but he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence so granted which authorizes him to provide at that aerodrome or other place the type of air traffic control service which is being provided; or

 

   (d)   his appointment by the Director as an air traffic control officer cadet and he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence so granted which authorizes him to provide that type of service at a Government aerodrome or at a place at which air traffic control service is provided under the direction of the Director.

   (2) The holder of a licence shall not be entitled to perform any of the functions specified in the Tenth Schedule in respect of a rating at any of the places referred to in subregulation (1) unless-

 

   (a)   his licence includes that rating and the rating is valid for the place at which, and the type of radar equipment, if any, with the aid of which, the functions are performed; or

 

   (b)   he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence granted under these Regulations which authorizes him to provide at that aerodrome or other place the type of air traffic control service which is being provided.

   (3) Nothing in a licence granted under regulation 61 shall permit any person to operate manually any direction-finding equipment for the purpose of providing air traffic control service to an aircraft at a time when he is providing air traffic control service or making signals to that aircraft or to another aircraft.

   (4) Nothing in this regulation shall prohibit the holder of a valid air traffic controller's licence from providing, at any place for which the licence includes a valid rating, information to aircraft in flight in the interests of safety.

 

63.   Incapacity of air traffic controllers

   (1) Every holder of an air traffic controller's licence granted under regulation 61 who-

 

   (a)   suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 30 consecutive days; or

 

   (b)   in the case of a woman, has reason to believe that she is pregnant,

shall inform the Director in writing of such injury, illness or pregnancy as soon as possible.

   (2) An air traffic controller's licence shall be deemed to be suspended upon the lapse of such period of injury or illness as is referred to in subregulation (1)(a). The suspension of the licence shall cease-

 

   (a)   upon the holder being medically examined under arrangements made by the Director and pronounced fit to resume his functions under the licence; or

 

   (b)   upon the Director exempting the holder from the requirement of a medical examination subject to such conditions as the Director may think fit.

   (3) Upon the pregnancy of the holder of an air traffic controller's licence being confirmed, the licence shall be deemed to be suspended and shall remain suspended until she has been medically examined under arrangements made by the Director after the pregnancy has ended and pronounced fit to resume her functions under the licence.

 

64.   Power to prohibit or restrict flying

   (1) Where the Director deems it necessary in the public interest to restrict or prohibit flying over any area of Botswana or along any route therein by reason of-

 

   (a)   the intended gathering or movement of a large number of persons;

 

   (b)   the intended holding of an aircraft race or contest or of an exhibition of flying; or

 

   (c)   national defence or any other reason affecting the public interest,

the Director may make regulations prohibiting, restricting or imposing conditions of flight, either generally or in relation to any class of aircraft, over any such area or along any such route, and an aircraft shall not fly in contravention of such regulations.

   (2) If the commander of an aircraft becomes aware that the aircraft is flying in contravention of any such regulations which have been made for any of the reasons referred to in subregulation (1)(c), he shall forthwith cause a signal of distress to be made by radio or by one of the prescribed visual signals, and shall (unless otherwise instructed by the appropriate air traffic control unit) cause the aircraft to land at the aerodrome, being an aerodrome suitable for that purpose, which it can reach by flying to the least possible extent over the area to which the regulations relate. The aircraft shall not begin to descend while over such area.

 

65.   Balloons, kites and airships

   (1) Within Botswana-

 

   (a)   a captive balloon or kite shall not be flown at a height of more than 60 m above ground level or within 60 m of any vessel, vehicle or structure;

 

   (b)   a captive balloon shall not be flown within 5 km of an aerodrome;

 

   (c)   a balloon exceeding 2 m in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, shall not be flown in controlled airspace;

 

   (d)   a kite shall not be flown within 5 km of an aerodrome;

 

   (e)   an airship shall not be moored,

without the permission in writing of the Director and in accordance with any conditions subject to which that permission may be granted.

   (2) A captive balloon when in flight shall be securely moored, and shall not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings.

PART X
Aerodromes, Aeronautical Lights and Dangerous Lights
(regs 66-75)

 

66.   Aerodromes: public transport of passengers and instruction in flying

   (1) An aircraft to which this regulation applies shall not take-off or land at a place in Botswana other than-

 

   (a)   an aerodrome licensed under these Regulations for the take-off and landing of such aircraft; or

 

   (b)   a Government aerodrome notified as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take-off or land, as the case may be,

and in accordance with any condition subject to which the aerodrome may have been so licensed or notified, or subject to which such permission may have been given.

   (2) Subregulation (1) applies to-

 

   (a)   aeroplanes of which the maximum total weight authorized exceeds 2 300 kg and which are flying for the purpose of the public transport of passengers or for the purpose of instruction in flying;

 

   (b)   aeroplanes of which the maximum total weight authorized does not exceed 2 300 kg engaged on-

 

      (i)   scheduled journeys for the purpose of the public transport of passengers;

 

      (ii)   flights for the purpose of the public transport of passengers beginning and ending at the same aerodrome;

 

      (iii)   flights for the purpose of instruction in flying; or

 

      (iv)   flights for the purpose of the public transport of passengers at night;

 

   (c)   helicopters and gyroplanes engaged on such flights as are specified in subparagraphs (i), (ii) and (iii);

 

   (d)   gliders (other than gliders being flown under arrangements made by a flying club and carrying no person other than a member of the club) which are flying for the purpose of the public transport of passengers or for the purpose of instruction in flying.

   (3) The person in charge of any area in Botswana intended to be used for the taking-off or landing of helicopters at night other than such a place as is specified in subregulation (1) shall cause to be in operation, whenever a helicopter flying for the purpose of public transport of passengers is taking-off or landing at that area by night, such lighting as will enable the pilot of the helicopter-

 

   (i)   in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and

 

   (ii)   in the case of taking-off, to make safe a take-off.

   (4) A helicopter flying for the purpose of the public transport of passengers at night shall not take-off or land at a place to which subregulation (3) applies unless there is in operation such lighting.

 

67.   Use of Government aerodromes

   The Director may cause to be notified subject to such conditions as he thinks fit any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the public transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.

 

68.   Licensing of aerodromes

   (1) The Director may license any aerodrome in Botswana, subject to such conditions as he thinks fit, for the take-off and landing of aircraft engaged in flights for the purpose of the public transport of passengers, or the purpose of instruction in flying, or of any classes of such aircraft.

   (2) Without prejudice to the generality of subregulation (1), if the person applying for the licence so requests, the Director may grant a licence (in these Regulations referred to as "a licence for public use") which shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.

   (3) The licensee of an aerodrome in respect of which a licence for public use is in force shall display in a prominent place at the aerodrome a copy of the licence and shall furnish to any person on request information concerning the terms of the licence.

   (4) The licensee of an aerodrome licensed under these Regulations shall not cause or permit any condition of the licence to be contravened in relation to an aircraft engaged on a flight for the public transport of passengers or for instruction in flying, but the licence shall not cease to be valid by reason only of such a contravention.

   (5) A licence granted by the Director in respect of an aerodrome shall, subject to the provisions of regulation 58, remain in force for such period as may be specified in the licence.

 

69.   Radio equipment at aerodromes

   (1) This regulation shall apply to all aerodromes licensed under these Regulations (other than aerodromes at which an air traffic control service is provided by the Director) used for the taking off or landing of aircraft of which the maximum total weight authorized exceeds 2 300 kg and which are engaged on flights for the purpose of the public transport of passengers.

   (2) Any radar or radio navigation equipment used to facilitate an aircraft's approach to land and landing at an aerodrome to which this regulation applies shall be-

 

   (a)   approved by the Director as suitable for the service to be provided;

 

   (b)   installed and maintained in a manner approved by the Director; and

 

   (c)   flight checked, overhauled, repaired or modified only by or under the supervision of a person approved by the Director.

 

70.   Records at aerodromes

   (1) The licensee of an aerodrome to which regulation 69 applies shall-

 

   (a)   keep a written record in respect of each installation of radar or radio navigation equipment provided by him and used to facilitate an aircraft's approach to land and landing at the aerodrome,

which record shall include particulars of functional tests and flight checks of the equipment as well as the particulars of any overhaul, repair, replacement or modification thereof; and

 

   (b)   preserve the written record for a period of one year or such longer period as the Director may in a particular case direct, and shall within a reasonable time after being requested to do so by an authorized person produce such record to that person.

   (2) The licensee of every aerodrome licensed under these Regulations which is provided with means of two-way radio communication with aircraft and either with radar equipment or with very high frequency direction finding apparatus for the purpose of providing holding aid, let-down aid or approach aid shall provide at the aerodrome apparatus which is capable of recording the terms or content of any radio message or signal transmitted to any aircraft (either alone or in common with other aircraft) or received from any aircraft by the air traffic control unit at the aerodrome.

   (3) The apparatus provided in compliance with subregulation (2) shall-

 

   (a)   be of a type approved by the Director in relation to the aerodrome;

 

   (b)   be installed in a manner so approved;

 

   (c)   always be maintained in serviceable condition; and

 

   (d)   be in use at all times when any navigation services are being provided by the air traffic control unit at the aerodrome to any aircraft flying for the purpose of the public transport of passengers.

   (4) The licensee of the aerodrome shall ensure that each record made by the apparatus provided in compliance with subregulation (2) includes-

 

   (a)   the date or dates on which the record was made;

 

   (b)   a means of identifying the person at the aerodrome by whom the message or signal was transmitted, the aircraft to or from which and the frequency on which the message or signal was transmitted or received, and the time at which each message or signal transmitted from the aerodrome was transmitted; and

 

   (c)   the time (if any) at which the radio station at the aerodrome opened or closed, as the case may be, within the period covered by each such record.

   (5) If at any time the apparatus provided in compliance with subregulation (2) ceases to be capable of recording the matters required by this regulation to be included in the record, the licensee of the aerodrome shall ensure that those matters are recorded in writing.

   (6) The licensee of the aerodrome shall preserve any record made in compliance with subregulation (2) for a period of 30 days or such other period as may be prescribed from the date on which the message or signal was recorded or for such longer period as the Director may in a particular case direct, and shall, within a reasonable time after being requested to do so by an authorized person, produce such record to that person.

   (7) A person required by this regulation to preserve any record by reason of his being the licensee of an aerodrome shall, if he ceases to be the licensee of the aerodrome, continue to preserve the record as if he had not ceased to be the licensee, and, in the event of his death, the duty to preserve the record shall fall upon his personal representative:

   Provided that if another person becomes the licensee of the aerodrome he or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with the record delivered to him as if he were the first mentioned licensee.

 

71.   Charges at aerodromes licensed for public use

   (1) The Minister may, in relation to any aerodrome in respect of which a licence for public use has been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connection with aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.

   (2) The licensee of an aerodrome in relation to which the Minister has made any regulations under subregulation (1) shall not cause or permit any charges to be made in contravention of those regulations and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected thereby.

   (3) The licensee of any aerodrome in respect of which a licence for public use has been granted shall, when required by the Director, furnish the Director with such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.

 

72.   Aircraft of countries entitled to use aerodromes

   The person in charge of any aerodrome in Botswana which is open to public use by aircraft registered in Botswana (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in other contracting States or in any part of the Commonwealth on the same terms and conditions as for use by aircraft registered in Botswana.

 

73.   Noise and vibration caused by aircraft on aerodromes

   The conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, aerodromes owned or managed by the Minister, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft shall be as specified in rule 9 of the Fifteenth Schedule.

 

74.   Aeronautical lights

   (1) No person shall establish or maintain an aeronautical light within Botswana except with the permission of the Director and in accordance with any conditions which may be prescribed or subject to which the permission may be granted.

   (2) No person shall alter the character of an aeronautical light within Botswana except with the permission of the Director and in accordance with any condition subject to which the permission may be granted.

   (3) No person shall wilfully or negligently injure or interfere with any aeronautical light established and maintained by, or with the permission of, the Director.

 

75.   Dangerous lights

   (1) No person shall exhibit in Botswana any light which-

 

   (a)   by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or

 

   (b)   by reason of its liability to be mistaken for an aeronautical light is liable to endanger aircraft.

   (2) If any light which appears to the Director to be such a light as aforesaid is exhibited the Director may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or having charge of the light directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing the future exhibition of any other light which may similarly endanger aircraft.

   (3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.

PART XI
General
(regs 76-86)

 

76.   Prohibited areas

   (1) The Minister may, by order published in the Gazette, declare any specifically defined area in Botswana to be a prohibited area.

   (2) Except as may be provided in the order whereby the prohibited area is established, or in any subsequent order made by the Minister, no aircraft shall fly over, or land in, any prohibited area.

 

77.   Restriction regarding aerial photography and survey

   An aircraft registered in a contracting State or in a foreign country shall not fly over Botswana for the purpose of aerial photography or aerial survey except with the permission of the Minister granted under this regulation to the operator or the charterer of the aircraft and in accordance with any condition to which such permission may be subject.

 

78.   Mandatory reporting

   (1) Subject to the provisions of this regulation, every person who-

 

   (a)   is the operator or the commander of an aircraft which is registered in Botswana;

 

   (b)   carries on the business of manufacturing, repairing or overhauling such an aircraft, or any equipment or part thereof;

 

   (c)   signs a certificate of maintenance, release or compliance in respect of such an aircraft, part or equipment;

 

   (d)   performs a function for which he requires an air traffic controller's licence; or

 

   (e)   is the licensee or manager of a licensed aerodrome,

shall-

 

   (i)   make a report to the Director of any reportable occurrence of which he knows and which is of such a description as is specified in paragraph 12 of the Fifteenth Schedule. The report shall be made within such time, by such means, and shall contain such information as is so specified and it shall be presented in such form as the Director may in any particular case approve; and

 

   (ii)   make a report to the Director, within such time, by such means, and containing such information as the Director may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to a reportable occurrence which has been reported by him or by another person to the Director in accordance with this regulation.

   (2) In this regulation "reportable occurrence" means-

 

   (a)   any incident relating to such an aircraft or any defect in or malfunctioning of such an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering or which if not corrected would endanger the aircraft, its occupants, or any other person;

 

   (b)   any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of such an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger, such an aircraft or its occupants:

   Provided that any accident notified in pursuance of regulations made under the Civil Aviation (Investigation of Accidents) Regulations shall not constitute a reportable occurrence for the purposes of this regulation.

   (3) Subject to subregulation (1)(ii), nothing in this regulation shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the Director in accordance with this regulation.

   (4) A person shall not make any report under this regulation if he knows or has reason to believe that the report is false in any material particular.

   (5) Without prejudice to regulation 36(2) and subject to the provisions of regulation 57, the operator of an aircraft shall, if he has reason to believe that a report has been or will be made in pursuance of this regulation, preserve any data from a flight data recorder relevant to the reportable occurrence for 14 days from the date on which a report of that occurrence is made to the Director or for such longer period as the Director may in a particular case direct:

   Provided that the record may be erased if the aircraft is outside Botswana and it is not reasonably practicable to preserve the record until the aircraft reaches Botswana.

 

79.   Power to prevent aircraft flying

   (1) If it appears to the Director or an authorized person that any aircraft is intended or likely to be flown-

 

   (a)   in such circumstances that any provision of regulation 3, 5, 6, 7, 18, 19, 28, 36 or 40 would be contravened in relation to the flight;

 

   (b)   in such circumstances that the flight would be in contravention of any other provision of these Regulations and be a cause of danger to any person or property whether or not in the aircraft; or

 

   (c)   while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of these Regulations,

the Director or that authorized person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Director or by an authorized person, and the Director or that authorized person may take such steps as are necessary to detain the aircraft.

   (2) For the purposes of subregulation (1) the Director or any authorized person may enter upon and inspect any aircraft.

   (3) If it appears to the Director or an authorized person that any aircraft is intended or likely to be flown in such circumstances that any provision of regulation 76 or 77 or any provision relating to the licensing of air transport in Botswana would be contravened in relation to the flight, the Director or that authorized person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Director or by an authorized person, and the Director or any authorized person may take such steps as are necessary to detain the aircraft.

   (4) For the purposes of subregulation (3) the Director or any authorized person may enter upon any aerodrome and may enter upon and inspect any aircraft.

 

80.   Right of access to aerodromes and other places

   The Director and any authorized person shall have the right of access at all reasonable times-

 

   (a)   to any aerodrome, for the purpose of inspecting the aerodrome;

 

   (b)   to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or any document which the Director or the authorized person has power to demand under these Regulations, or for the purpose of detaining any aircraft under the provisions of these Regulations; and

 

   (c)   to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which the Director or the authorized person has power to demand under these Regulations and for the purpose of detaining the aircraft under the provisions of these Regulations:

   Provided that access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.

 

81.   Obstruction of persons

   A person shall not wilfully obstruct or impede any person acting in the exercise of his powers or the performance of his duties under these Regulations.

 

82.   Enforcement of directions

   Any person who fails to comply with any direction given to him under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.

 

83.   Penalties

   (1) If any provision of these Regulations is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under these Regulations for that contravention) be deemed for the purposes of the following provisions of this regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

   (2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of these Regulations was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.

   (3) Where a person is charged with contravening a provision of these Regulations by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work, the flight shall be treated (without prejudice to the liability of any other person under these Regulations) as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.

   (4) If any person contravenes any provision of these Regulations, not being a provision referred to in subregulation (5) or (6), he shall be liable to a fine not exceeding P150, or, in the case of a second or subsequent conviction for the like offence, to a fine not exceeding P300.

   (5) If any person contravenes any provision specified in Part A of the Thirteenth Schedule he shall be liable to a fine not exceeding P200, or, in the case of a second or subsequent conviction for the like offence, to a fine not exceeding P750, or to imprisonment for a term not exceeding six months, or to both.

   (6) If any person contravenes any provision specified in Part B of the said Schedule he shall be liable to a fine not exceeding P1 500, or to imprisonment for a term not exceeding two years, or to both.

 

84.   Extra-territorial effect of Regulations

   Except where the context otherwise requires, the provisions of these Regulations-

 

   (a)   insofar as they apply (whether by express reference or otherwise) to aircraft registered in Botswana, shall apply to such aircraft wherever they may be;

 

   (b)   insofar as they apply as aforesaid to other aircraft, shall apply to such aircraft when they are within Botswana;

 

   (c)   insofar as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by persons in or by any of the crew of, any aircraft registered in Botswana, shall apply to such persons and crew, wherever they may be; and

 

   (d)   insofar as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in Botswana by other persons shall, where such persons are Botswana citizens, apply to them wherever they may be.

 

85.   Small aircraft

   The provisions of these Regulations, other than regulations 45 and 65, shall not apply to or in relation to-

 

   (a)   any balloon which at any stage of its flight is not more than 2 m in any linear dimension including any basket or other equipment attached to the balloon;

 

   (b)   any kite weighing not more than 2 kg;

 

   (c)   any other aircraft weighing not more than 5 kg without its fuel.

 

86.   Power to exempt from certain provisions

   The Minister may exempt from any of the provisions of these Regulations (other than regulation 77) or of any rules made thereunder any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.

FIRST SCHEDULE

PART A
Table of General Classification of Aircraft

 

(regs. 4(6), 23(1))

 

Column 1 

Column 2 

Column 3 

Column 4 

 

 

Non-mechanically driven 

( Free Balloon )
( Captive Balloon ) 

 

Lighter than air)
aircraft ) 

 

 

 

 

Mechanically driven 

(Airship) 

 

 

Non-mechanically driven 

( Glider )
( Kite ) 

Aircraft 

Heavier than air)
aircraft ) 

Mechanically driven (flying machines) 

( Aeroplane)
( Landplane )
( Aeroplane
( Seaplane )
( Aeroplane
( Amphibian )
( Aeroplane
( Self-launching )
( Motor Glider )
( Gyroplane
( Helicopter)

PART B
Nationality and Registration Marks of Aircraft Registered in Botswana

 

(reg. 5(2))

 

   1. The nationality mark of the aircraft shall be a group of two capital letters or figures and the registration mark shall be a group of three capital letters in Roman character assigned by the Director on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.


   2. The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner-


   I. Position of marks-


   (a)   Flying Machines and Gliders


      (i)   Wings: Except on aircraft having no fixed wing surface, the marks shall appear on the lower surface of the wing structure, and shall be on the left half of the lower surface of the wing structure unless they extend across the whole surface of both wings. So far as possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing.


      (ii)   Fuselage (or equivalent structure) or Vertical Tail Surfaces: The marks shall also be either on each side of the fuselage (or equivalent structure) between the wings and the tail surfaces, or on the upper halves of the vertical tail surfaces. When on a single vertical tail surface they shall be on both sides of the tail. When there is more than one vertical tail surface, the marks shall appear on the outboard sides of the outer tails.


   (b)   Airships and Balloons


      (i)   Airships: The marks shall be on each side of the airship and also on the upper surface on the line of symmetry. They shall be placed lengthwise near the maximum cross-section of the airship.


      (ii)   Spherical Balloons: The marks shall be in two places diametrically opposite. They shall be placed near the maximum horizontal circumference of the balloon.


      (iii)   Non-Spherical Balloons: The marks shall be on each side. They shall be placed near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables.


      (iv)   In the case of all airships and balloons the side marks shall be so placed as to be visible both from the sides and from the ground.

 

   II. Size of marks-


   (a)   Flying Machines and Gliders


      (i)   Wings: The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least 50 cm.


      (ii)   Fuselage (or equivalent structure) or Vertical Tail Surfaces: The marks on the fuselage (or equivalent structure) shall not interfere with the visible outlines of the fuselage (or equivalent structure). The marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 cm along each side of the vertical tail surface. The letters constituting each group of marks shall be of equal height. The height of the marks shall be at least 30 cm:


         Provided that where owing to the structure of the aircraft a height of 30 cm is not reasonably practicable the height shall be the greatest height reasonably practicable in the circumstances, but not less than 15 cm.


   (b)   Airships and Balloons


   The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least 75 cm.


   III. Width and spacing of marks


   (a)   The width of each letter (except the letter I) and the length of the hyphen between the nationality mark and registration mark shall be two-thirds of the height of a letter.


   (b)   The letters and hyphen shall be formed by solid lines and shall be of a colour clearly contrasting with the background on which they appear. The thickness of the lines shall be one-sixth of the height of a letter.


   (c)   Each letter shall be separated from the letter which it immediately precedes or follows by a space equal to half the width of a letter. A hyphen shall be regarded as a letter for this purpose.


   3. The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft and shall always be kept clean and visible.


   4. In addition to the foregoing requirements of this Schedule, the nationality and registration marks shall also be inscribed, together with the name and address of the registered owner of the aircraft, on a fireproof metal plate affixed in a prominent position to the fuselage or car or basket, as the case may be, and near the main entrance to the aircraft.

SECOND SCHEDULE
A AND B CONDITIONS

 

(regs. 7(1), 38(5))

 

   The A Conditions and B Conditions referred to in regulations 7(1) and 38(5) are as follows-


A   Conditions


   (1) The aircraft shall be either an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under these Regulations, or an aircraft identical in design with an aircraft in respect of which such a certificate is or has been in force.


   (2) The aircraft shall fly only for the purpose of enabling it to-


   (a)   qualify for the issue or renewal of a certificate of airworthiness or of the validation thereof or the approval of a modification of the aircraft, after an application has been made for such issue, renewal, validation or approval, as the case may be;


   (b)   proceed to or from a place at which any inspection, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place for a purpose referred to in subparagraph (a), after such an application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or


   (c)   proceed to or from a place at which the aircraft is to be or has been stored.


   (3) The aircraft and its engine shall be certified as fit for flight by the holder of a licence as an aircraft maintenance engineer entitled in accordance with the provisions of the Fourth Schedule so to certify, or by a person approved by the Director for the purpose of issuing certificates under this condition.


   (4) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation which has previously been in force under these Regulations in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.


   (5) The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft in connection with the flight or persons who are carried in the aircraft to perform duties in connection with a purpose referred to in paragraph (2) of these Conditions.


   (6) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off from or land at a Government aerodrome or a licensed aerodrome, in accordance with normal aviation practice.


   (7) Without prejudice to the provisions of regulation 18(2), the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.

 

B   Conditions


   (1) The flight shall be made under the supervision of a person approved by the Director for the purposes of these Conditions and subject to any additional conditions which may be specified in such approval.


   (2) If it is not registered in Botswana or under the law of any country referred to in regulation 3, the aircraft shall be marked in a manner approved by the Director for the purposes of these Conditions, and the provisions of regulations 14, 15, 19, 32, 35, 54 and 56 shall be complied with in relation to the aircraft as if it were registered in Botswana so far as such provisions are applicable to the aircraft in the circumstances.


   (3) The aircraft shall fly only for the purpose of-


   (a)   experimenting with or testing the aircraft (including in particular its engines) and its equipment;


   (b)   enabling it to qualify for the issue of a certificate of airworthiness or the validation thereof, or the approval of a modification of the aircraft;


   (c)   proceeding to or from a place at which any experiment, inspection, approval, test or weighing of, or the installation of equipment in, the aircraft is to take place for a purpose referred to in subparagraph (a) or (b), or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or


   (d)   demonstrating the aircraft with a view to the sale of that aircraft or of other similar aircraft.


   (4) Without prejudice to the provisions of regulation 18(2), the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.


   (5) The aircraft shall not carry any cargo, or any persons other than the flight crew except the following-


   (a)   persons employed by the operator who carry out during the flight duties in connection with the purposes specified in paragraph (3);


   (b)   persons employed by manufacturers of component parts of the aircraft (including its engines) who carry out during the flight duties in connection with the purposes so specified;


   (c)   persons approved by the Director under regulation 8(8) as qualified to furnish reports for the purposes of that regulation;


   (d)   persons, other than those carried under the preceding provisions of this paragraph, who are carried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation.


   (6) The aircraft shall not fly, except in accordance with procedures which have been approved by the Director in relation to that flight, over any congested area of a city, town or settlement.

THIRD SCHEDULE

 

(reg. 8)

 

1.   Categories of Aircraft


   A -   Transport Category (Passenger)


   B -   Transport Category (Cargo)


   C -   Aerial Work Category


   D -   Private Category


   E -   Special Category 

 

2.   The purposes for which the aircraft may fly are as follows- 

   A -   Transport Category (Passenger): 

Any purpose. 

   B -   Transport Category (Cargo): 

Any purpose, other than the public transport of passengers. 

   C -   Aerial Work Category: 

Aerial work only. 

   D -   Private Category: 

Any purpose other than public transport or aerial work. 

   E -   Special Category: 

Any purpose, other than public transport, specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted.

FOURTH SCHEDULE
MAINTENANCE ENGINEERS: PRIVILEGES OF LICENCES

 

(reg. 12)

 

   An aircraft maintenance engineer may, subject to the conditions of his licence, issue certificates as follows-


   Aircraft Maintenance Engineers-Category A (Aircraft)


   In relation to aircraft (not including engines)-


   (a)   certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations;


   (b)   certificates of compliance in respect of inspections, repairs, replacements and modifications so approved;


   (c)   certificates of fitness of aircraft for flight under the "A Conditions".


   Aircraft Maintenance Engineers-Category B (Aircraft)


   In relation to aircraft (not including engines)-


   Certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications approved under these Regulations.


   Aircraft Maintenance Engineers-Category C (Engines)


   In relation to engines-


   (a)   certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations;


   (b)   certificates of compliance in respect of inspections, repairs, replacements and modifications so approved;


   (c)   certificates of fitness of aircraft engines for flight under the "A Conditions".

 

   Aircraft Maintenance Engineers-Category D (Engines)


   In relation to engines-


   Certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications approved under these Regulations.


   Aircraft Maintenance Engineers-Category X


      Compasses,


      Instruments,


      Electrical Equipment,


      Automatic Pilots.


   In relation respectively to compasses, instruments, electrical equipment or automatic pilots-


   (a)   certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations;


   (b)   certificates of compliance in respect of inspections, repairs, replacements and modifications so approved.


   Aircraft Maintenance Engineers-Category R (Radio)


   In relation to aircraft radio stations-


   (a)   certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations;


   (b)   certificates of compliance in respect of inspections, repairs, replacements and modifications so approved.


   The privileges of the licence shall also include the issue of certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications of any aircraft radio apparatus approved under these Regulations, if the licence bears an endorsement to that effect.

FIFTH SCHEDULE
AIRCRAFT EQUIPMENT

 

(regs. 11(3), 13(2))

 

   1. Every aircraft registered in Botswana shall be provided, when flying in the circumstances specified in the first column of the Table set forth in paragraph 3, with adequate equipment, and for the purposes of this paragraph the expression "adequate equipment" means the scales of equipment respectively indicated in that Table:


   Provided that, if the aircraft is flying in a combination of such circumstances, the scales of equipment shall not on that account be required to be duplicated.


   2. The following items of equipment shall not be required to be of a type approved by the Director-


   (a)   the equipment referred to in Scale A (ii);


   (b)   first-aid equipment and handbook, referred to in Scale B;


   (c)   time-pieces, referred to in Scales G, H and J;


   (d)   torches, referred to in Scales G, H and J;


   (e)   whistles, referred to in Scale H;


   (f)   sea anchors, referred to in Scales I and J;


   (g)   rocket signals, referred to in Scale I;


   (h)   equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale I;


   (i)   paddles, referred to in Scale J;


   (j)   food and water, referred to in Scales J, U and V;


   (k)   first-aid equipment, referred to in Scales J, U and V;


   (l)   stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to in Scale V.

 

 

3. TABLE

 

Aircraft and Circumstances of Flight

Scale of Equipment Required

Extras 

W

(1)   Flying machines flying for purposes other than public transport: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (a)   when flying at night ................... 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (b)   when flying under Instrument Flight Rules: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (i)   outside controlled airspace ....................................... 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (ii)   within controlled airspace .......................................

A

 

 

 

E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E(iv) duplicated

   (c)   when carrying out aerobatic manoeuvres ............................ 


 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

   (d)   on all other flights ..................... 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)   Flying machines flying for the purpose of public transport: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (a)   when flying under Instrument Flight Rules: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (i)   in the case of flying machines of which the maximum total weight authorized exceeds 1 150 kg: ................................... 









 

 









 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





E(iv) duplicated

      (ii)   in the case of flying machines of which the maximum total weight authorized does not exceed 1 150 kg: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         (a)   outside controlled airspace ................. 



 


 


F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         (b)   within controlled airspace ................. 



 

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


E(iv) duplicated

   (b)   when flying at night: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (i)   in the case of flying machines of which the maximum total weight authorized exceeds 1 150 kg .................................... 













 













 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





E(iv) duplicated

      (ii)   in the case of flying machines of which the maximum total weight authorized does not exceed 1 150 kg .............. 

















 





F(i) only 





 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (c)   when flying over water beyond gliding distance from land ....... 



 


 


F(i) only 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (d)   when flying over water: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (i)   in the case of an aeroplane: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         (aa)   classified in its certificate of airworthiness as being of performance group A, C or X; or 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         (bb)   having no performance group classification in its certificate of airworthiness and of such a weight and performance that with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified in the certificate of airworthiness, performance schedule or flight manual relating to the aeroplane issued or rendered valid by the Director, it is capable of a gradient of climb of at least 1 in 200 at an altitude of 5 000 feet in the International Standard Atmosphere specified in or ascertainable by reference to the certificate of airworthiness in force in respect of that aircraft, 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            when either more than 400 nautical miles or more than 90 minutes flying time * from the nearest aerodrome at which an emergency landing can be made. 

 

 

F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (ii)   in the case of all other flying machines, when more than 30 minutes flying time * from such an aerodrome ....................... 

 

 

F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (e)   on all flights which involve manoeuvres on water ................ 

 

 

F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (f)   when flying at a height of 10 000 feet or more above mean sea level ...............................

A

B

 

D

 

F(i) only 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

 

 

 

   (g)   on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formations are likely to be met ..

A

B

 

D

 

F(i) only 

 

 

 

 

 






 

 

 

 

 

 

 

 

 

 

 

 

   (h)   when carrying out aerobatic manoeuvres .............................

A

B

 

D

 

F(i) only 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

   (i)   on all flights on which the aircraft carries a flight crew of more than one person .............. 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

   (j)   (i)   on all flights by flying machines first registered (whether in Botswana or elsewhere) on or after 1st January, 1967 being turbine-jet aircraft with a maximum total weight authorized over 5 700 kg or pressurized aircraft with a maximum total weight authorized over 11 400 kg; 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (ii)   on all flights by such flying machines as aforesaid, being aircraft first registered (whether in Botswana or elsewhere) before 1st January, 1967; 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

         with the exception of any flight on which the radar set specified in Scale O in paragraph 5 of this Schedule is unserviceable on take-off but the weather report or forecasts available to the commander of the aircraft at that time indicate that cumulo-nimbus clouds or other potentially hazardous weather conditions which can be detected by the set when in working order are unlikely to be encountered on the intended route or any planned diversion therefrom, or the commander of the aircraft has satisfied himself that any such weather conditions will be encountered in daylight and can be seen and avoided, and the aircraft is in either case operated throughout the flight in accordance with any relevant instructions given in the operations manual ............................. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 






























 

 

 

 

 

 

 

 

 

   (k)   on all flights for the purpose of the public transport of passengers .............................. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

   (l)   on all flights by a pressurized aircraft ..................................... 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

   (m)   on all other flights ..................... 

 

 

F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (n)   when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met ...................... 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





 

 

 

   (o)   when flying over substantially uninhabited land areas where, in the event of an emergency landing, polar conditions are likely to be met ........................ 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





 

 

   (p)   when flying at an altitude of more than 49 000 feet .................... 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

(3)   Gliders flying for purposes other than public transport or aerial work: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   when flying by night ............................ 

A(ii) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4)   Gliders flying for the purpose of public transport or aerial work: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (a)   when outside controlled airspace under Instrument Flight Rules .... 



 


 


F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (b)   when flying by night ................. 

 

F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (c)   when carrying out aerobatic manoeuvres ............................. 



 


 


F(i) only 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

   (d)   on all other flights ..................... 

 

 

F(i) only 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(5)   Turbine-engined aeroplanes over 5 700 kg maximum total weight authorized and piston-engined aeroplanes over 27 000 kg maximum total weight authorized: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (a)   which are operated by an air transport undertaking under a certificate of airworthiness of the Transport Category (Passenger) or the Transport Category (Cargo); or 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (b)   in respect of which application has been made and not withdrawn or refused for such a certificate, and which fly under the A Conditions or under a certificate of airworthiness of the Special Category when flying on any flight: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 








 

 

 

 

 

 

 

 

         Provided that this paragraph shall not apply to- 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (i)   aeroplanes over 230 000 kg maximum total weight authorized which conform to a type which was first issued with a type certificate in Botswana after 1st January, 1970; or 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (ii)   aeroplanes of 5 700 kg or over but not over 230 000 kg maximum total weight authorized which conform to a type which was first issued with a type certificate (whether in Botswana or elsewhere) after 1st April, 1971. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(6)   On all flights by aeroplanes: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (i)   which conform to a type first issued with a type certificate (whether in Botswana or elsewhere) on or after 1st April, 1971 and which are of 5 700 kg maximum total weight authorized or over and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo); 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (ii)   which conform to a type first issued with a type certificate in Botswana on or after 1st January 1970 and which are over 230 000 kg maximum total weight authorized and in respect of which there is in force such a certificate of airworthiness; or 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (iii)   of 5 700 kg maximum total weight authorized or over which conform to a type first issued with a type certificate on or after 1st April, 1971 (or 1st January, 1970 in the case of an aeroplane over 230 000 kg maximum total weight authorized) in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under the A Conditions or in respect of which there is in force a certificate of airworthiness in the Special Category ............... 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
















 

 

 

 

 

(7)   On all flights by aeroplanes: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (i)   which conform to a type first issued with a type certificate (whether in Botswana or elsewhere) on or after 1st April, 1971 and which are of 27 000 kg maximum total weight authorized or over and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (ii)   which conform to a type first issued with a type certificate in Botswana on or after 1st January, 1970 and which are over 230 000 kg maximum total weight authorized and in respect of which there is in force such a certificate of airworthiness; or 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   (iii)   of 27 000 kg maximum total weight authorized or over which conform to a type first issued with a type certificate on or after 1st April, 1971 (or 1st January, 1970 in the case of an aeroplane over 230 000 kg maximum total weight authorized) in respect of which an application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under the A Conditions or in respect of which there is in force a certificate of airworthiness in the Special Category. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
















 

 

 

 

   4. The scales of equipment indicated in the foregoing Table shall be as follows-


   Scale A


   (a)   Spare fuses for all electrical circuits the fuses of which can be replaced in flight consisting of 10 percent of the number of each rating or three of each rating, whichever is the greater;


   (b)   maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under these Regulations, for the intended flight of the aircraft, including any diversion which may reasonably be expected;


   (c)   subject to Scale B (c), a safety belt or safety harness for every seat in use.


   Scale B


   (a)   First-aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following-


      roller bandages, triangular bandages, adhesive plaster, absorbent gauze, cotton wool (or wound dressings in place of the absorbent gauze and cotton wool), burn dressings, safety pins;


      haemostatic bandages or tourniquets and scissors;


      antiseptic, analgesic and stimulant drugs;


      splints, in the case of aeroplanes the maximum total weight authorized of which exceeds 5 700 kg;


      a handbook on first-aid;


   (b)   in the case of a flying machine used for the public transport of passengers in which, while the flying machine is at rest on the ground, the sill of any external door intended for the disembarkation of passengers, whether normally or in an emergency-


      (i)   is more than 1,82 m from the ground when the undercarriage of the machine is in the normal position for taxing; or


      (ii)   would be more than 1,82 m from the ground if the undercarriage or any part thereof should collapse, break or fail to function,


      apparatus readily available for use at each such door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the flying machine is on the ground, and can be readily fixed in position for use;


   (c)   if the maximum total weight authorized of the aircraft is more than 2 730 kg, a safety harness for every pilot's seat in use, in place of the safety belt referred to under Scale A:


         Provided that the Director may permit a safety belt to be fitted if he is satisfied that it is not reasonably practicable to fit a safety harness;


   (d)   if the commander cannot, from his own seat, see all the passengers' seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.


   Scale C


   (a)   Equipment for displaying the lights required by the Rules of the Air and Air Traffic Control;


   (b)   electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight;


   (c)   unless the aircraft is equipped with radio, devices for making the visual signal specifed in the Rules of the Air and Air Traffic Control as indicating a request for permission to land.


   Scale D


   (a)   Either-


      (i)   a turn indicator and a slip indicator, or


      (ii)   a gyroscopic bank and pitch indicator and a gyroscopic direction indicator;


   (b)   a sensitive pressure altimeter adjustable for changes in barometric pressure.


   Scale E


   (a)   A turn indicator and a slip indicator;


   (b)   a gyroscopic bank and pitch indicator;


   (c)   a gyroscopic direction indicator;


   (d)   a sensitive pressure altimeter adjustable for changes in barometric pressure:


         Provided that any aircraft may, at the option of the operator, be equipped with an additional gyroscopic bank and pitch indicator in lieu of the turn indicator referred to in (a) of this Scale.


   Scale F


   (a)   A timepiece with a sweep second hand;


   (b)   a means of indicating whether or not the power supply to the gyroscopic instruments is adequate;


   (c)   a rate of climb and descent indicator;


   (d)   if the maximum total weight authorized of the aircraft is more than 5 700 kg, a means of indicating the outside air temperature;


   (e)   if the maximum total weight authorized of the aircraft is more than 5 700 kg, two air speed indicators.


   Scale G


   (a)   Landing lights consisting of two single filament lamps, or one dual filament lamp, with separately energized filaments;


   (b)   an electric lighting system to provide illumination in every passenger compartment;


   (c)   (i)   if the aircraft, in accordance with its certificate of airworthiness, may carry more than 19 persons over three years of age: two electric torches and an emergency lighting system to provide illumination in the passenger compartments sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in subparagraph (b),


      (ii)   in the case of any other aircraft, one electric torch for each member of the crew of the aircraft;


   (d)   in the case of an aircraft of which the maximum total weight authorized exceeds 5 700 kg, means of observing the existence and build-up of ice on the aircraft.


   Scale H


   For each person on board, a lifejacket equipped with a whistle and waterproof torch:


   Provided that lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.


   Scale I


   (a)   Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine;


   (b)   parachute distress rocket signals;


   (c)   a sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.


   Scale J


   (a)   Liferafts sufficient to accommodate all persons on board the flying machine with the following equipment-


      (i)   means for maintaining buoyancy,


      (ii)   a sea anchor,


      (iii)   life lines, and means of attaching one liferaft to another,


      (iv)   paddles or other means of propulsion,


      (v)   means of protecting the occupants from the elements,


      (vi)   a waterproof torch,


      (vii)   marine type pyrotechnical distress signals,


      (viii)   means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in subparagraph (ix),


      (ix)   for each four or proportion of four persons the liferaft is designed to carry-


      100 grammes of glucose toffee tablets;


      one-half litre of fresh water in durable containers:


         Provided that in any case in which it is not reasonably practicable to carry the quantity of water above specified, as large a quantity of fresh water as is reasonably practicable in the circumstances may be substituted. In no case, however, shall the quantity of water carried be less than is sufficient, when added to the amount of fresh water capable of being produced by means of the equipment specified in subparagraph (viii), to provide half-a-litre of water for each four or proportion of four persons the liferaft is designed to carry;


      (x)   first-aid equipment,


         items (vi) to (x) inclusive shall be contained in a pack;


   (b)   the number of survival beacon radio apparatus carried when the aircraft is carrying the number of liferafts specified in column 1 of the following Table shall not be less than the number specified in, or calculated in accordance with, column 2-

 

 

TABLE

 

Column 1 

Column 2 

Not more than eight liferafts


For every additional four or proportion of four liferafts 

two survival beacon radio apparatus


one additional survival beacon radio apparatus.

 

 

PART I

 

   Scale K


   (a)   In every flying machine which is provided with means for maintaining a pressure greater than 700 millibars throughout the flight in the flight crew compartment and in the compartments in which passengers are carried-


      (i)   a supply of oxygen sufficient, in the event of failure to maintain such pressure, occurring in the circumstances specified in columns 1 and 2 of the Table set out in Part II of this Scale, for continuous use, during the periods specified in column 3 of the said Table, by the persons for whom oxygen is to be provided in accordance with column 4 of that Table; and


      (ii)   in addition, in every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first-aid treatment of two passengers,


      together with suitable and sufficient apparatus to enable such persons to use the oxygen;


   (b)   in any other flying machine-


      (i)   a supply of oxygen sufficient for continuous use by all the crew, and, if passengers are carried by 10 percent of the number of passengers, for any period exceeding 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130; and


      (ii)   a supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the flying machine flies above flight level 130,


      together with suitable and sufficient apparatus to enable such person to use the oxygen;


   (c)   the quantity of oxygen required for the purposes of complying with paragraphs (a) and (b) shall be computed in accordance with the information and instructions relating thereto specified in the operations manual relating to the aircraft pursuant to item (f) of Part A of the Eleventh Schedule.

 

 

PART II

 

Column 1 

Column 2 

Column 3 

Column 4 

Vertical displacement of the flying machine in relation to flight levels 

Capability of flying machine to descend (where relevant) 

Period of supply of oxygen 

Persons for whom oxygen is to be provided 

Above flight level 100 

 

 

30 minutes or the period specified at A hereunder whichever is the greater 

In addition to any passengers for whom oxygen is provided as specified below, all the crew 

Above flight level 100 but not above flight level 300 

Flying machine is either flying at or below flight level 150 or is capable of descending and continuing to destination as specified at X hereunder 

 

30 minutes or the period specified at A hereunder whichever is the greater 

10 percent of number of passengers 

 

Flying machine is flying above flight level 150 and is not so capable 

 

10 minutes or the period specified at B hereunder whichever is the greater 

All passengers 

 

and in addition 

 

30 minutes or the period specified at C hereunder whichever is the greater 

10 percent of number of passengers 

Above flight level 300 but not above flight level 350 

Flying machine is capable of descending and continuing to destination as specified at Y hereunder 

 

30 minutes or the period specified at A hereunder whichever is the greater 

15 percent of number of passengers 

 

Flying machine is not so capable 

 

10 minutes or the period specified at B hereunder whichever is the greater 

All passengers 

 

and in addition 

 

30 minutes or the period specified at C hereunder whichever is the greater 

15 percent of number of passengers

 

Above flight level 350 

 

 

10 minutes or the period of specified at B hereunder whichever is the greater 

All passengers 

 

and in addition 

 

30 minutes or the period specified at C hereunder whichever is the greater 

15 percent of number of passengers 

   A. The whole period during which, after a failure to maintain a pressure greater than 700 millibars in the control compartment and in the compartments in which passengers are carried has occurred, the flying machine flies above flight level 100. 

   B. The whole period during which, after failure to maintain such pressure has occurred, the flying machine flies above flight level 150. 

   C. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 100, but not above flight level 150. 

   X. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within six minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made. 

   Y. The flying machine is capable, at the time when a failure to maintain such pressure occurs of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within four minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.

 

   Scale L


   Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of the aircraft.


   Scale M


   Safety harness for every seat in use.


   Scale N


   An intercommunication system for use by all members of the flight crew and including microphones, not of a hand-held type, for use by the pilot and flight engineer (if any).


   Scale O


   A radar set capable of giving warning to the pilot in command of the aircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardous weather conditions:


   Provided that if the set becomes unserviceable so as to give the warning only to one pilot, it shall nevertheless be sufficient so long as the aircraft is flying only to the place at which it first becomes reasonably practicable for the set to be repaired.


   Scale P


   A flight data recorder which is capable of recording, by reference to a time-scale, the following data-


   (a)   indicated air speed;


   (b)   indicated altitude;


   (c)   vertical acceleration;


   (d)   magnetic heading;


   (e)   pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;


   (f)   engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded;


   (g)   flap position;


   (h)   roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded:


   Provided that any aeroplane having a maximum total weight authorized of less than 11 400 kg may be provided with-


   (i)   a flight data recorder capable of recording the data described in subparagraphs (a) to (h); or


   (ii)   a four-channel cockpit voice recorder.


   In addition, on all flights by turbine-powered aeroplanes having a maximum total weight authorized of 27 000 kg or over, a four-channel cockpit voice recorder.


   The recorder shall be so constructed that the record would be likely to be preserved in the event of an accident to the aeroplane.


   Scale Q


   If the maximum total weight authorized of the flying machine exceeds 5 700 kg and it was first registered, whether in Botswana or elsewhere, on or after 1st June, 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.


   Scale R


   (a)   Equipment sufficient to protect the eyes, nose and mouth of the pilot in command of the aircraft from the effects of smoke and noxious gases for a period of not less than 15 minutes;


   (b)   portable equipment sufficient to protect the eyes, nose and mouth of one other member of the crew of the aircraft from the effects of smoke and noxious gases for a period of not less than eight minutes; and


   (c)   equipment sufficient to protect from the effects of smoke and noxious gases the eyes of all members of the flight crew of the aircraft whose eyes are not adequately protected by other equipment.


   Scale S


   A flight recording system comprising:


   (a)   In respect of aeroplanes of less than 11 400 kg maximum total weight authorized, either a four-channel cockpit voice recorder or a flight data recorder capable of recording by reference to a time scale data from which the following information can be ascertained; the flight path of the aeroplane, the altitude of the aeroplane, and the basic lift, thrust and drag forces acting upon the aeroplane;


   (b)   in respect of aeroplanes of 11 400 kg or over but less than 27 000 kg maximum total weight authorized, a four-channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the information specified in paragraph (a) can be ascertained;


   (c)   in respect of aeroplanes of 27 000 kg maximum total weight authorized or over, a four-channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the following information can be established: the flight path of the aeroplane, the altitude of the aeroplane, the basic lift, thrust and drag forces acting upon the aeroplane, the selection of high lift devices (if any) and airbrakes (if any), the position of primary flying control and pitch trim surfaces, cockpit warnings relating to engine fire and engine shutdown, cabin pressurization, presence of smoke and hydraulic/pneumatic power supply, outside air temperature, instrument landing system deviations, use made of automatic flight control system, radio altitude (if any), and the level of essential AC electricity supply.


      The cockpit voice recorder or flight data recorder, as the case may be, shall be so constructed that the record would be likely to be preserved in the event of an accident.


   Scale T


   An underwater sonar location device.


   Scale U


   (a)   One survival beacon radio apparatus;


   (b)   marine type pyrotechnical distress signals;


   (c)   for each four or proportion of four persons on board, 100 grammes of glucose toffee tablets;


   (d)   for each four or portion of four persons on board, half-a-litre of fresh water in durable containers; and


   (e)   first-aid equipment.


   Scale V


   (a)   One survival beacon radio apparatus;


   (b)   marine type pyrotechnical distress signals;


   (c)   for each four or proportion of four persons on board, 100 grammes of glucose toffee tablets;


   (d)   for each four or proportion of four persons on board, half-a-litre of fresh water in durable containers;


   (e)   first-aid equipment;


   (f)   for every 75 or proportion of 75 persons on board, one stove suitable for use with aircraft fuel;


   (g)   one cooking utensil, in which snow or ice can be melted;


   (h)   two snow shovels;


   (i)   two ice saws;


   (j)   single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board; and


   (k)   one Arctic suit for each member of the crew of the aircraft.


   Scale W


   Cosmic radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate:


   Provided that an aircraft shall not be required to carry the said equipment if before take-off the equipment is found to be unserviceable and it is not reasonably practicable to repair or replace it at the aerodrome of departure and the radiation forecast available to the commander of the aircraft indicates that hazardous radiation conditions are unlikely to be encountered by the aircraft on its intended route or any planned diversion therefrom.

SIXTH SCHEDULE
RADIO EQUIPMENT TO BE CARRIED IN AIRCRAFT

 

(reg. 14)

 

   1. Every aircraft shall be provided, when flying in the circumstances specified in the first column of the Table set forth in paragraph 2, with the scales of equipment respectively indicated in that Table: 

   Provided that, if the aircraft is flying in a combination of such circumstances, the scales of equipment shall not on that account be required to be duplicated.

 

2. 

TABLE 

   Aircraft and Circumstances of Flight 

Scale of Equipment required 

(1)   All aircraft within Botswana: 

A B C D E F G 

   (a)   when flying under Instrument Flight Rules within controlled airspace ..... 

A B - - - - - 

   (b)   where required by the Rules of the Air and Air Traffic Control to comply in whole or in part with Instrument Flight Rules in Visual Meteorological Conditions .............. 

A * B * - - - F *

   (c)   when flying within any airspace in respect of which special rules are prescribed by the said Rules in relation to a particular aerodrome, so as to require two-way radio communication with that aerodrome ................................... 

A * - - - - - - 

   (d)   when making an approach to landing at an aerodrome notified for the purpose of this subparagraph ................................................... 

- - - - - - G * 

(2)   All aircraft (other than gliders) within Botswana when flying at or above flight level 245 or within such controlled airspace as may be notified for the purposes of this subparagraph ................. 

A * B * - - E * F *

(3)   All aircraft registered in Botswana wherever they may be: 

 

   (a)   when flying for the purpose of public transport under Instrument Flight Rules: 

 

      (i)   while making an approach to landing .................................. 

A B C D - - - 

      (ii)   on all other occasions ............ 

A B C - - - - 

   (b)   over 2 300 kg maximum total weight authorized when flying for the purpose of public transport under Visual Flight Rules ............... 

A B - - - - - 

   (c)   not over 2 300 kg maximum total weight authorized when flying for the purpose of public transport under Visual Flight Rules: 

 

      (i)   over a route on which navigation is not effected solely by visual reference to landmarks ............................. 

A B - - -- - - 

      (ii)   over water, beyond gliding distance from any land ........... 

A - - - - - -

 

   3. The scales of radio equipment indicated in the foregoing Table shall be as follows: 

Scale A 

Radio equipment capable of maintaining two-way communication with the appropriate aeronautical radio stations. 

Scale B 

Radio equipment capable of enabling the aircraft to be navigated on the intended route. 

Scale C 

Radio equipment capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight. 

Scale D 

Radio equipment capable of receiving signals from one or more aeronautical radio stations on the surface to enable the aircraft to be guided to a point from which a visual landing can be made at the aerodrome at which the aircraft is to land. 

Scale E 

Such type of radio equipment as may be notified as being capable of (a) replying to an interrogation from secondary surveillance radar units on the surface, and (b) being set in accordance with such instructions as may be given to the aircraft by the appropriate air traffic control unit. 

Scale F 

Radio equipment capable of providing a continuous indication of the aircraft's distance from the appropriate aeronautical radio stations. 

Scale G 

Radio equipment capable of enabling the aircraft to make an approach to landing using the Instrument Landing System.

SEVENTH SCHEDULE
AIRCRAFT, ENGINE AND PROPELLER LOG BOOKS

 

(reg. 15)

 

1.   Aircraft Log Book


   The following entries shall be included in the aircraft log book-


   (a)   the name of the constructor, the type of the aircraft, the number assigned to it by the constructor and the date of the construction of the aircraft;


   (b)   the nationality and registration marks of the aircraft;


   (c)   the name and address of the operator of the aircraft;


   (d)   the date of each flight and the duration of the period between the time when the aircraft departs and arrives, in accordance with the interpretation provided by regulation 2(2), or, if more than one flight was made on that day, the number of flights and the total duration of the flights made on that day;


   (e)   particulars of all maintenance work carried out on the aircraft or its equipment;


   (f)   particulars of any defects occurring in the aircraft or in any equipment required to be carried therein by or under these Regulations and of the action taken to rectify such defects, including a reference to the relevant entries in the technical log required by regulation 10(6) and (7);


   (g)   particulars of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid:


   Provided that entries shall not be required to be made under subparagraphs (e), (f) and (g) in respect of any engine or variable pitch propeller.


2.   Engine Log Book


   The following entries shall be included in the engine log book-


   (a)   the name of the constructor, the type of the engine, the number assigned to it by the constructor and the date of the construction of the engine;


   (b)   the nationality and registration marks of each aircraft in which the engine is fitted;


   (c)   the name and address of the operator of each such aircraft;


   (d)   the date of each flight and the duration of the period between the time when the aircraft departs and arrives, in accordance with the interpretation provided by regulation 2(2), or, if more than one flight was made on that day, the number of flights and the total duration of the flights made on that day;


   (e)   particulars of all maintenance work done on the engine;


   (f)   particulars of any defects occurring in the engine, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by regulation 10(6) and (7);


   (g)   particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.

 

3.   Variable Pitch Propeller Log Book


   The following entries shall be included in the variable pitch propeller log book-


   (a)   the name of the constructor, the type of the propeller, the number assigned to it by the constructor and the date of the construction of the propeller;


   (b)   the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;


   (c)   the name and address of the operator of each such aircraft;


   (d)   the date of each flight and the duration of the period between the time when the aircraft departs and arrives, in accordance with the interpretation provided by regulation 2(2), or, if more than one flight was made on that day, the number of flights and the total duration of the flights made on that day;


   (e)   particulars of all maintenance work done on the propeller;


   (f)   particulars of any defects occurring in the propeller, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by regulation 10(6) and (7);


   (g)   particulars of any overhauls, repairs, replacements and modifications relating to the propeller.

EIGHTH SCHEDULE
AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR APPROVED NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT

 

(reg. 18(4))

 

   The following areas are hereby specified for the purposes of regulation 18(4)-


   Area A-Arctic


   All that area north of latitude 67° north, but excluding any part thereof lying within 300 nautical miles of Norway.


   Area B-Antarctic


   All that area south of latitude 55° south.


   Area C-Sahara


   All that area enclosed by rhumb lines joining successively the following points:


      32° north latitude 03° west longitude


      24° north latitude 14° west longitude


      14° north latitude 14° west longitude


      18° north latitude 28° east longitude


      24° north latitude 28° east longitude


      28° north latitude 23° east longitude


      32° north latitude 03° west longitude


   Area D-Arabian Desert


   All the area enclosed by rhumb lines joining successively the following points:


      22° north latitude 42° east longitude


      16° north latitude 46° east longitude


      20° north latitude 55° east longitude


      24° north latitude 48° east longitude


      22° north latitude 42° east longitude


   Area E-South America (Central)


   All that area enclosed by rhumb lines joining successively the following points:


      04° north latitude 72° west longitude


      04° north latitude 60° west longitude


      08° south latitude 42° west longitude


      18° south latitude 54° west longitude


      18° south latitude 60° west longitude


      14° south latitude 72° west longitude


      05° south latitude 76° west longitude


      04° north latitude 72° west longitude


   Area F-Pacific Ocean


   All that area enclosed by rhumb lines joining successively the following points:


      55° south latitude 75° west longitude


      20° south latitude 73° west longitude


      05° south latitude 85° west longitude


      05° north latitude 80° west longitude


      15° north latitude 105° west longitude


      30° north latitude 125° west longitude


      55° north latitude 140° west longitude


      67° north latitude 180° west longitude


      60° north latitude 180° west longitude


      20° north latitude 128° west longitude


      20° north latitude 128° east longitude


      04° north latitude 128° east longitude


      00° north latitude 165° west longitude


      55° south latitude 180° west longitude


      55° south latitude 75° west longitude


   Area G-Australia


   All that area enclosed by rhumb lines joining successively the following points:


      18° south latitude 123° east longitude


      30° south latitude 118° east longitude


      30° south latitude 135° east longitude


      18° south latitude 123° east longitude


   Area H-Indian Ocean


   All that area enclosed by rhumb lines joining successively the following points:


      35° south latitude 110° east longitude


      20° south latitude 110° east longitude


      13° south latitude 120° east longitude


      10° south latitude 100° east longitude


      13° north latitude 91° east longitude


      13° north latitude 86° east longitude


      00° north latitude 80° east longitude


      20° north latitude 67° east longitude


      20° north latitude 62° east longitude


      05° south latitude 43° east longitude


      20° south latitude 60° east longitude


      25° south latitude 60° east longitude


      40° south latitude 10° east longitude


      55° south latitude 10° east longitude


      55° south latitude 180° east longitude


      35° south latitude 110° east longitude


   Area I-North Atlantic Ocean


   All that area enclosed by rhumb lines joining successively the following points:


      55° north latitude 15° west longitude


      67° north latitude 40° west longitude


      67° north latitude 60° west longitude


      45° north latitude 45° west longitude


      40° north latitude 63° west longitude


      40° north latitude 19° west longitude


      55° north latitude 15° west longitude


   Area J-South Atlantic Ocean


   All that area enclosed by rhumb lines joining successively the following points:


      40° north latitude 63° west longitude


      19° north latitude 63° west longitude


      05° south latitude 30° west longitude


      55° south latitude 55° west longitude


      55° south latitude 10° east longitude


      05° south latitude 10° east longitude


      02° north latitude 05° east longitude


      02° north latitude 10° west longitude


      15° north latitude 25° west longitude


      40° north latitude 19° west longitude


      40° north latitude 63° west longitude


   Area K-Northern Canada


   All that area enclosed by rhumb lines joining successively the following points:


      67° north latitude 130° west longitude


      55° north latitude 115° west longitude


      55° north latitude 70° west longitude


      67° north latitude 60° west longitude


      67° north latitude 130° west longitude

NINTH SCHEDULE
FLIGHT CREW OF AIRCRAFT: LICENCES AND RATINGS

 

(reg. 20)

PART A -
Licences

 

Minimum Age, Period of Validity, Privileges

 

Minimum age-17 years


   Maximum period of validity:


   (a)   24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or


   (b)   12 months, if the holder is 40 years of age or more on that date.


   Privileges:


   The licence-


   (a)   shall entitle the holder to fly as pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot's licence;


   (b)   shall be valid only for flights within Botswana and within any other territory specified in the licence;


   (c)   shall not entitle the holder to fly as pilot in command of an aircraft in which any person is carried;


   (d)   shall be valid only for flights carried out in accordance with instructions given by a person holding a pilot's licence granted under these Regulations, being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft to be flown.

 

1. Aeroplane Pilots


Private Pilot's Licence (Aeroplanes)


Minimum age-17 years


Maximum period of validity-none


   Privileges:


   The holder of the licence shall be entitled to fly as pilot in command or co-pilot of an aeroplane of any of the types specified in the aircraft rating included in the licence:


   Provided that he shall not-


   (i)   fly such an aeroplane for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving and the person receiving the instruction are both members;


   (ii)   receive any remuneration for his services as a pilot on a flight other than remuneration for the giving of such instruction as is specified in paragraph (i);


   (iii)   unless his licence includes an instrument meterological conditions rating (aeroplanes), fly as pilot in command of such an aeroplane-


      (a)   on a flight outside controlled airspace-


         (aa)   when the flight visibility is less than one nautical mile; or


         (bb)   when any passenger is carried and the aeroplane is flying either above 3 000 feet above mean sea level in instrument meterological conditions or at or below 3 000 feet above mean sea level in a flight visibility of less than three nautical miles; or


      (b)   on a special VFR flight in a control zone in a flight visibility of less than five nautical miles, except on a route or in an aerodrome traffic zone notified for the purposes of this subparagraph;


   (iv)   fly as pilot in command of such an aeroplane at night on a flight on which any passenger is carried unless-


      (a)   his licence includes a night rating (aeroplanes); and


      (b)   his licence includes an instrument rating (aeroplanes) or he has within the immediately preceding six months carried out as pilot in command not less than five take-offs and five landings at a time when the depression of the centre of the sun was not less than 12° below the horizon.


Commercial Pilot's Licence (Aeroplanes)


Minimum age-18 years


Maximum period of validity-10 years


   Privileges:


   (1)   The holder of the licence shall be entitled to exercise the privileges of a Private Pilot's Licence (Aeroplanes) which includes an instrument meteorological conditions rating (aeroplanes) and a night rating (aeroplanes) and shall be entitled to fly as pilot in command of an aeroplane on a special VFR flight notwithstanding that the flight visibility is less than one and a half nautical miles;


   (2)   he shall be entitled to fly as pilot in command of an aeroplane of a type specified in Part I of the aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever:


         Provided that-


      (i)   he shall not, unless his licence includes an instrument rating (aeroplanes), fly such an aeroplane on any scheduled journey;


      (ii)   he shall not fly such an aeroplane at night on which any passenger is carried unless his licence includes an instrument rating (aeroplanes) or he has within the immediately preceding 90 days carried out as pilot in command not less than five take-offs and five landings at a time when the depression of the centre of the sun was not less than 12° below the horizon;


      (iii)   he shall not, unless his licence includes an instrument rating (aeroplanes) fly any such aeroplane of which the maximum total weight authorized exceeds 2 300 kg on any flight for the purpose of public transport, except a flight beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome;


      (iv)   he shall not fly such an aeroplane on a flight for the purpose of public transport if its maximum total weight authorized exceeds 5 700 kg; and


   (3)   he shall be entitled to fly as co-pilot of any aeroplane of a type specified in the aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever.


Senior Commercial Pilot's Licence (Aeroplanes)


Minimum Age-21 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot's Licence (Aeroplanes) except that in proviso (iv) of paragraph (2) of those Privileges 20 000 kg shall be substituted for 5 700 kg.


Airline Transport Pilot's Licence (Aeroplanes)


Minimum Age-21 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot's Licence (Aeroplanes) except that for proviso (iv) of paragraph (2) of those Privileges there shall be substituted:


   "(iv)   he shall not any time after he attains the age of 60 years fly such an aeroplane for the purpose of public transport if its maximum total weight authorized exceeds 20 000 kg".

 

2. Helicopter and Gyroplane Pilots


Private Pilot's Licence (Helicopters and Gyroplanes)


Minimum Age-17 years


Maximum period of validity-none


   Privileges:


   The holder of the licence shall be entitled to fly as pilot in command or co-pilot of a helicopter or gyroplane of any of the types specified in the aircraft rating included in the licence:


   Provided that:


   (i)   he shall not fly such a helicopter or gyroplane for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying in a helicopter or gyroplane owned, or operated under arrangements entered into, by a flying club of which the person giving and the person receiving the instruction are both members;


   (ii)   he shall not receive any remuneration for his services on a flight other than remuneration for the giving of such instruction as is specified in paragraph (i);


   (iii)   he shall not fly as pilot in command of such a helicopter or gyroplane at night on a flight on which any passenger is carried unless his licence includes a night rating (helicopters and gyroplanes) and he has within the immediately preceding 90 days carried out as pilot in command not less than five flights, each consisting of a take-off, a transition from hover to forward flight, a climb to at least 500 feet, and a landing, at a time when the depression of the centre of the sun was not less than 12° below the horizon.


Commercial Pilot's Licence (Helicopters and Gyroplanes)


Minimum Age-18 years


Maximum period of validity-10 years


   Privileges:


   (1)   The holder of the licence shall be entitled to exercise the privileges of a Private Pilot's Licence (Helicopters and Gyroplanes) which includes a night rating (helicopters and gyroplanes);


   (2)   he shall be entitled to fly as pilot in command of any helicopter or gyroplane specified in Part I of the aircraft rating included in the licence when the helicopter or gyroplane is engaged on a flight for any purpose whatsoever:


   Provided that:


   (i)   he shall not fly such a helicopter or gyroplane at night on a flight on which any passenger is carried unless he has within the immediately preceding 90 days carried out as pilot in command not less than five flights, each consisting of a take-off, a transition from hover to forward flight, a climb to at least 500 feet, and a landing at a time when the depression of the centre of the sun was not less than 12° below the horizon;


   (ii)   he shall not fly such a helicopter or gyroplane on a flight for the purpose of public transport if its maximum total weight authorized exceeds 5 700 kg; and


   (3)   he shall be entitled to fly as co-pilot of any helicopter or gyroplane specified in the aircraft rating included in the licence when the helicopter or gyroplane is engaged on a flight for any purpose whatsoever.


Airline Transport Pilot's Licence (Helicopters and Gyroplanes)


Minimum Age-21 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot's Licence (Helicopters and Gyroplanes) except that proviso (ii) of paragraph (2) shall not apply.

 

3. Balloon and Airship Pilots


Private Pilot's Licence (Balloons and Airships)


Minimum Age-17 years


Maximum period of validity-none


   Privileges:


   The holder of the licence shall be entitled to fly as pilot in command of any type of balloon or airship specified in Part I of the aircraft rating included in the licence and co-pilot of any type of balloon or airship specified in such aircraft rating:


   Provided that:


   (i)   he shall not fly such balloon or airship for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying in a balloon or airship owned or operated under arrangements entered into, by a flying club of which the person giving and the person receiving the instruction are both members;


   (ii)   he shall not receive any remuneration for his service as a pilot other than remuneration for the giving of such instruction as is specified in paragraph (i).


Commercial Pilot's Licence (Balloons)


Minimum Age-18 years


Maximum period of validity-six months (except that there shall be no maximum period of validity in respect of the exercise of the privileges of a Private Pilot's Licence (Balloons and Airships)).


   Privileges:


   (1)   The holder of the licence shall be entitled to exercise the privileges of a Private Pilot's Licence (Balloons and Airships); and


   (2)   he shall be entitled to fly, when the balloon is flying for any purpose whatsoever, as pilot in command or co-pilot of any type of balloon specified in the aircraft rating included in the licence.


Commercial Pilot's Licence (Airships)


Minimum Age-18 years


Maximum period of validity-six months (except that there shall be no maximum period of validity in respect of the exercise of the privileges of a Private Pilot's Licence (Balloons and Airships)).


   Privileges:


   (1)   The holder of the licence shall be entitled to exercise the privileges of a Private Pilot's Licence (Balloons and Airships); and


   (2)   he shall be entitled to fly, when the airship is flying for any purpose whatsoever, as pilot in command of any type of airship specified in Part 1 of the aircraft rating included in the licence and as co-pilot of any type of airship specified in such aircraft rating.

 

4. Glider Pilots


Commercial Pilot's Licence (Gliders)


Minimum Age-18 years


Maximum period of validity-six months


   Privileges:


   The holder of the licence shall be entitled to fly for any purpose as pilot in command or co-pilot if-


   (a)   any glider of which the maximum total weight authorized does not exceed 680 kg;


   (b)   any glider of which the maximum total weight authorized exceeds 680 kg and which is of a type specified in the rating included in the licence.


5. Other Flight Crew


Flight Navigator's Licence


Minimum Age-21 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to act as flight navigator in any aircraft.


Flight Engineer's Licence


Minimum Age-21 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to act as flight engineer in any type of aircraft specified in the aircraft rating included in the licence.


Flight Radiotelephony Operator's General Licence


Minimum Age-18 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to operate radiotelephony apparatus in any aircraft.


Flight Radiotelephony Operator's Restricted Licence


Minimum Age-17 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to operate radiotelephony apparatus in any aircraft if the stability of the frequency radiated by the transmitter is maintained automatically but shall not be entitled to operate the transmitter, or to adjust its frequency, except by the use of external switching devices.


Flight Radiotelegraphy Operator's Licence


Minimum Age-20 years


Maximum period of validity-10 years


   Privileges:


   The holder of the licence shall be entitled to operate radiotelegraphy and radiotelephony apparatus in any aircraft.


Flight Radiotelegraphy Operator's Temporary Licence


Minimum Age-18 years


Maximum period of validity-12 months


   Privileges:


   The holder of the licence shall be entitled to operate radiotelegraphy and radiotelephony apparatus in any aircraft under the supervision of a person who is the holder of a flight radiotelegraphy operator's licence.

PART B
Ratings

 

   1. The following ratings may be included in a pilot's licence granted under Part V, and, subject to the provisions of these Regulations and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows-


   Aircraft Rating. The licence shall entitle the holder to act as pilot only of aircraft of the types specified in the aircraft rating and different types of aircraft may be specified in respect of different privileges of a licence.


   Instrument Meteorological Conditions Rating (Aeroplanes) shall entitle the holder of a private pilot's licence (aeroplanes) to fly as pilot in command of an aeroplane-


   (a)   on a flight outside controlled airspace without being subject to the restrictions contained in proviso (iii)(a) to the privileges of such a licence set out in Part A; and


   (b)   on a special VFR flight in a control zone in a flight visibility of less than five but not less than one and a half nautical miles.


   Instrument Rating (Aeroplanes) shall entitle the holder of the licence to act as pilot in command or co-pilot of an aeroplane flying in controlled airspace in circumstances which require compliance with the Instrument Flight Rules.


   Night Rating (Aeroplanes) shall entitle the holder of a private pilot's licence (aeroplanes) to act as pilot in command at night of an aeroplane in which a passenger is carried.


   Night Rating (Helicopters and Gyroplanes) shall entitle the holder of a private pilot's licence (helicopters and gyroplanes) to act as pilot in command at night of a helicopter or gyroplane in which a passenger is carried.


   Towing Rating (Flying Machines) shall entitle the holder of the licence to act as pilot of a flying machine while towing a glider in flight for the purpose of public transport or aerial work.


   Flying Instructor's Rating shall entitle the holder of the licence to give instruction in flying aircraft of such types as may be specified in the rating for that purpose.


   Assistant Flying Instructor's Rating shall entitle the holder of the licence to give instruction in flying aircraft of such types as may be specified in the rating for that purpose:


   Provided that-


   (i)   such instruction shall only be given under the supervision of a person present during the take-off and landing at the aerodrome at which the instruction is to begin and end and holding a pilot's licence endorsed with a flying instructor's rating; and


   (ii)   an assistant flying instructor's rating shall not entitle the holder of the licence to give directions to the person undergoing instruction in respect of the performance by that person of-


      (a)   his first solo flight;


      (b)   his first solo flight by night;


      (c)   his first solo cross-country flight otherwise than by night; or


      (d)   his first solo cross-country flight by night.


   2. An aircraft rating included in a flight engineer's licence shall entitle the holder of the licence to act as flight engineer only of aircraft of a type specified in the aircraft rating.


   3. For the purposes of this Schedule-


   "cross-country flight" means any flight during the course of which the aircraft is more than three nautical miles from the aerodrome of departure;


   "solo flight" means a flight on which the pilot of the aircraft is not accompanied by a person holding a pilot's licence granted or rendered valid under these Regulations.

PART C
Certificate of Test or Experience

 

   1. (a) A certificate of test or a certificate of experience required by regulation 20(9) shall not be appropriate to the functions to be performed on a flight unless it is a certificate appropriate to the description of the flight according to the following Table-

 

 

TABLE

 

CASE 

CLASS OF LICENCE 

DESCRIPTION OF FLIGHT 

CERTIFICATE REQUIRED 

Private Pilot's Licence (Aeroplanes)

Any flight within the privileges of the licence 

Certificate of test or certificate of experience 

 

Private Pilot's Licence (Helicopters and Gyroplanes) 

 

Commercial Pilot's Licence (Aeroplanes)

Carriage of passengers on a flight in respect of which the holder of the licence receives remuneration 

Certificate of test 

 

Commercial Pilot's Licence (Helicopters and Gyroplanes) 

 

 

Commercial Pilot's Licence (Gliders) 

 

 

Senior Commercial Pilot's Licence (Aeroplanes) 

 

 

Airline Transport Pilot's Licence (Aeroplanes) 

 

 

Airline Transport Pilot's Licence (Helicopters and Gyroplanes) 

 

Commercial Pilot's Licence (Aeroplanes) 

For public transport 

Certificate of test 

 

Commercial Pilot's Licence (Helicopters and Gyroplanes) 

 

 

 

Commercial Pilot's Licence (Gliders) 

 

 

 

Senior Commercial Pilot's Licence (Aeroplanes) 

 

 

 

Airline Transport Pilot's Licence (Aeroplanes) 

 

 

 

Airline Transport Pilot's Licence (Helicopters and Gyroplanes) 

 

 

Commercial Pilot's Licence (Aeroplanes) 

For aerial work 

Certificate of test or certificate of experience 

 

Commercial Pilot's Licence (Helicopters and Gyroplanes) 

 

 

 

Commercial Pilot's Licence (Gliders) 

 

 

 

Senior Commercial Pilot's Licence (Aeroplanes) 

 

 

 

Airline Transport Pilot's Licence (Aeroplanes) 

 

 

 

Airline Transport Pilot's Licence (Helicopters and Gyroplanes) 

 

 

Commercial Pilot's Licence (Aeroplanes) 

Flight for any purpose other than Cases B, C or D 

Certificate of test or certificate of experience 

 

Commercial Pilot's Licence (Helicopters and Gyroplanes) 

 

 

 

Commercial Pilot's Licence (Gliders) 

 

 

 

Senior Commercial Pilot's Licence (Aeroplanes) 

 

 

 

Airline Transport Pilot's Licence (Aeroplanes) 

 

 

 

Airline Transport Pilot's Licence (Helicopters and Gyroplanes) 

 

 

Flight Navigator's Licence 

Flights to which regulation 18(4) of these Regulations applies 

Certificate of experience 

Flight Engineer's Licence 

For public transport 

Certificate of test 

Flight Engineer's Licence 

Any flight other than for public transport 

Certificate of test or certificate of experience

 

 

   (b) For the purposes of this part references to Cases are references to the Cases indicated in the first column of the Table in paragraph (a).


Certificate of test


   2. A certificate of test required by regulation 20(7) to (9) or (10) shall be signed by a person authorized by the Director to sign certificates of this kind and shall certify the following particulars-


   (a)   the functions to which the certificate relates;


   (b)   that the person signing the certificate is satisfied that on a date specified in the certificate the holder of the licence or personal flying log-book of which the certificate forms part, as the case may be, passed an appropriate test of his ability to perform the functions to which the certificate relates;


   (c)   the type of aircraft or flight simulator in or by means of which the test was conducted; and


   (d)   the date on which it was signed.


Nature of test


   3. The appropriate test referred to in paragraph 2 shall be-


   (a)   in the case of a test which entitled the holder of the licence of which the certificate forms part to act as pilot in command and/or co-pilot of aircraft of the type specified in the certificate, a test of the pilot's competence to fly the aircraft as pilot in command and/or co-pilot and shall, where the Director so specified in respect of the whole or part of a test, be conducted in an aircraft in flight or by means of a flight simulator approved by the Director under regulation 20(19);


   (b)   in the case of a test which entitles the holder of the licence of which the certificate forms part to act as flight engineer of aircraft of the type specified in the certificate, a test of the flight engineer's competence to perform the duties of a flight engineer in the type of aircraft to be used on the flight and shall, where the Director so specifies in respect of the whole or part of a test, be conducted in an aircraft in flight or by means of a flight simulator approved by the Director under regulation 20(19);


   (c)   in the case of a test which entitles the holder of the licence of which the certificate forms part to perform the functions to which an Instrument Rating relates, a test of his ability to perform the functions to which the rating relates and shall, where the Director so specified in respect of the whole or part of the test, be conducted in an aircraft in flight or by means of a flight simulator approved by the Director under regulation 20(19);


   (d)   in the case of a test which entitles the holder of the licence of which the certificate forms part to perform the functions to which a flying instructor's rating, an assistant flying instructor's rating or an instrument meteorological conditions rating relates, a test of his ability to perform the functions to which the rating relates and shall be conducted in an aircraft in flight.


Period of validity of Certificate of Test


   4. (1) A certificate of test required by regulation 20(7) to (9) shall not be valid in relation to a flight made more than 13 months in Cases A, B, E and H, or more than six months in Cases C, D and G, after the date of the test which it certifies:


   Provided that in the case of Cases C, D and G two certificates of test shall together be deemed to constitute a valid certificate of test if they certify flying tests conducted on two occasions within the period of 13 months preceding the flight on which the functions are to be performed, such occasions being separated by an interval of not less than four months, and if both certificates are appropriate to those functions.


   (2) A certificate of test required by regulation 20(10) shall not be valid in relation to a flight made more than 13 months in the case of an instrument rating (aeroplanes) and an assistant flying instructor's rating or more than 25 months in the case of an instrument meteorological conditions rating (aeroplanes) and a flying instructor's rating, after the date of the test which it certifies.


Certificate of experience


   5. A certificate of experience required by regulation 20(7) to (9) shall be signed by a person authorized by the Director to sign such a certificate and shall certify the following particulars-


   (a)   the functions to which the certificate relates;


   (b)   in the case of a pilot or flight engineer, that on the date on which the certificate was signed the holder of the licence or personal flying log-book of which it forms part, as the case may be, produced his personal flying log-book to the person signing the certificate and satisfied him that he had appropriate experience in the capacity to which his licence relates within the appropriate period specified in paragraph 6;


   (c)   in the case of a flight navigator, that on the date on which the certificate was signed the holder of the licence of which it forms part produced his navigation logs, charts and workings of astronomical observations to the person signing the certificate and satisfied him that he had appropriate experience in the capacity to which the licence relates within the appropriate period specified in paragraph 6;


   (d)   in the case of a pilot or flight engineer, the type or types of aircraft in which the experience was gained;


   (e)   the date on which it was signed.


Period of experience


   6. A certificate of experience shall not be valid unless the experience certified was gained within the period of 13 months preceding the signing of the certificate in the case of Cases A, E, F and H, or six months preceding the signing of the certificate in the case of Case D.


Period of validity of certificate of experience


   7. A certificate of experience shall not be valid more than six months after it was signed for Case D nor more than 13 months after it was signed for any other Case.

TENTH SCHEDULE
AIR TRAFFIC CONTROLLERS: RATINGS

 

(reg. 62(2))

 

   1. The holder of a licence which includes ratings of two or more of the classes specified in paragraph 2 shall not at any one time perform the functions specified in respect of more than one of those ratings:


   Provided that the functions of any one of the following groups of ratings may be exercised at the same time-


   (i)   the Aerodrome Control Rating and the Approach Control Rating;


   (ii)   the Approach Control Rating and the Approach Radar Control Rating; except that the functions of the Approach Control Rating shall not be exercised at the same time as the functions of the Approach Radar Control Rating if the service being provided under the latter is a surveillance radar approach terminating at a point less than two nautical miles from the point of intersection of the glide path with the runway;


   (iii)   the Area Control Rating and the Area Radar Control Rating.


   2. Ratings of the following classes may be included in an air traffic controller's licence (other than a student air traffic controller's licence) granted under regulation 61 and, subject to the provisions of these Regulations and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows-


   (1)   Aerodrome Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft on the manoeuvring area or apron of that aerodrome or which is flying in the vicinity of the aerodrome traffic zone by visual reference to the surface.


   (2)   Approach Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft which is flying in the vicinity of the aerodrome traffic zone whether or not it is flying by visual reference to the surface.


   (3)   Approach Radar Control Rating shall entitle the holder of the licence, at any aerodrome at which the rating is valid, to provide air traffic control service with the aid of any type of surveillance radar equipment for which the rating is valid for any aircraft which is flying within 40 nautical miles of the aerodrome traffic zone whether or not it is flying by visual reference to the surface.


   (4)   Precision Approach Radar Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service with the aid of any type of precision approach radar equipment for which the rating is valid.


   (5)   Area Control Rating shall entitle the holder of the licence at any place for which the rating is valid to provide an air traffic control service without the aid of any surveillance radar equipment.


   (6)   Area Radar Control Rating shall entitle the holder of the licence, at any place for which the rating is valid, to provide air traffic control service with the aid of any type of surveillance radar equipment for which the rating is valid.

ELEVENTH SCHEDULE
PUBLIC TRANSPORT-OPERATIONAL REQUIREMENTS

 

(reg. 25)

PART A -
Operations Manual

 

   Information and instructions relating to the following matters shall be included in the operations manual referred to in regulation 25(2) and (3)-


   (a)   the number of the crew to be carried in the aircraft, on each stage of any route to be flown, and the respective capacities in which they are to act, and instructions as to the order and circumstances in which command is to be assumed by members of the crew;


   (b)   the respective duties of each member of the crew and the other members of the operating staff;


   (c)   any particulars required to be entered by a scheme approved under regulation 51;


   (d)   such technical particulars concerning the aircraft, its engines and equipment and concerning the performance of the aircraft as may be necessary to enable the flight crew of the aircraft to perform their respective duties;


   (e)   the manner in which the quantities of fuel and oil to be carried by the aircraft are to be computed and records of fuel and oil carried and consumed on each stage of the route to be flown are to be maintained; the instructions shall take account of all circumstances likely to be encountered on the flight including the possibility of failure of one or more of the aircraft engines;


   (f)   the manner in which the quantity, if any, of oxygen and oxygen equipment to be carried in the aircraft for the purposes of complying with Scale K of the Fifth Schedule is to be computed;


   (g)   the check system to be followed by the crew of the aircraft prior to and on take-off, on landing and in an emergency, so as to ensure that the operating procedures contained in the operations manual and in the flight manual or performance schedule forming part of the relevant certificate of airworthiness are complied with;


   (h)   the circumstances in which a radio watch is to be maintained;


   (i)   the circumstances in which oxygen is to be used by the crew of the aircraft, and by passengers;


   (j)   communication, navigational aids, aerodromes, local regulations, in-flight procedures, approach and landing procedures and such other information as the operator may deem necessary for the proper conduct of flight operations; the information referred to in this paragraph shall be contained in a route guide, which may be in the form of a separate volume;


   (k)   the reporting in flight to the notified authorities of meteorological observations;


   (l)   the minimum altitudes for safe flight on each stage of the route to be flown and any planned diversion therefrom, such minimum altitude being not lower than any which may be applicable under the law of Botswana or of the countries whose territory is to be flown over;


   (m)   the particulars referred to in regulation 30;


   (n)   emergency flight procedures, including procedures for the instruction of passengers in the position and use of emergency equipment and procedures to be adopted when the commander of the aircraft becomes aware that another aircraft or a vessel is in distress and needs assistance; and


   (o)   in the case of aircraft intended to fly at an altitude of more than 49 000 feet, the procedures for the use of cosmic radiation detection equipment:


         Provided that in relation to any flight which is not one of a series of flights between the same two places it shall be sufficient if, to the extent that it is not practicable to comply with paragraphs (j) and (l), the manual contains such information and instructions as will enable the equivalent data to be ascertained before take-off.

PART B -
Crew Training and Tests

 

   1. The training, experience, practice and periodical tests required under regulation 27(2) in the case of members of the crew of an aircraft engaged on a flight for the purpose of public transport shall be as follows-


   (1) The Crew


   Every member of the crew shall-


   (a)   have been tested within the relevant period by or on behalf of the operator as to his knowledge of the use of the emergency and life saving equipment required to be carried in the aircraft on the flight; and


   (b)   have practised within the relevant period under the supervision of the operator or of a person appointed by him for the purpose, the carrying out of the duties required of him in case of an emergency occurring to the aircraft, either in an aircraft of the type to be used on the flight or in apparatus approved by the Director for the purpose and controlled by persons so approved.


   (2) Pilots


   (a)   Every pilot included in the flight crew who is intended by the operator to fly as pilot in circumstances requiring compliance with the Instrument Flight Rules shall within the relevant period have been tested by or on behalf of the operator-


      (i)   as to his competence to perform his duties while executing normal manoeuvres and procedures in flight, in an aircraft of the type to be used on the flight, including the use of the instruments and equipment provided in the aircraft;


      (ii)   as to his competence to perform his duties in instrument flight conditions while executing emergency manoeuvres and procedures in flight, in an aircraft of the type to be used on the flight, including the use of the instruments and equipment provided in the aircraft.


         A pilot's ability to carry out normal manoeuvres and procedures shall be tested in the aircraft in flight.


         The other tests required by this subparagraph may be conducted either in the aircraft in flight, or under the supervision of a person approved by the Director for the purpose by means of a flight simulator approved by the Director under regulation 20(19). The tests specified in subparagraph (2)(a)(ii) when conducted in the aircraft in flight shall be carried out either in actual instrument flight conditions or in instrument flight conditions simulated by means approved by the Director.


   (b)   Every pilot included in the flight crew whose licence does not include an instrument rating or who, notwithstanding the inclusion of such a rating in his licence, is not intended by the operator to fly in circumstances requiring compliance with the Instrument Flight Rules, shall within the relevant period have been tested by or on behalf of the operator in flight in an aircraft of the type to be used on the flight-


      (i)   as to his competence to act as pilot thereof, while executing normal manoeuvres and procedures; and


      (ii)   as to his competence to act as pilot thereof while executing emergency manoeuvres and procedures.


   (3) Flight Engineers


   Every flight engineer included in the flight crew shall within the relevant period have been tested by or on behalf of the operator, either in flight, or, under the supervision of a person approved by the Director for the purpose, by means of a flight simulator approved by the Director under regulation 20(19) as to his competence to perform the duties of flight engineer in aircraft of the type to be used on the flight, including his ability to execute emergency procedures in the course of such duties.


   (4) Flight Navigators and Flight Radio Operators


   Every flight navigator and flight radio operator whose inclusion in the flight crew is required under regulation 18(4) and (5) respectively shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in conditions corresponding to those likely to be encountered on the flight-


   (a)   in the case of a flight navigator using equipment of the type to be used in the aircraft on the flight for purposes of navigation;


   (b)   in the case of a flight radio operator using radio equipment of the type installed in the aircraft to be used on the flight, and including a test of his ability to carry out emergency procedures.


   (5) Aircraft Commanders


   (a)   The pilot designated as commander of the aircraft for the flight shall within the relevant period-


      (i)   have demonstrated to the satisfaction of the operator that he has adequate knowledge of the route to be taken, the aerodromes of take-off and landing, and any alternate aerodromes, including in particular his knowledge of-


<PS:"QT-TTRI">            the terrain;


<PS:"QT-TTRI">            the seasonal meteorological conditions;


<PS:"QT-TTRI">            the meteorological communications and air traffic facilities, services and procedures;


<PS:"QT-TTRI">            the search and rescue procedures; and


<PS:"QT-TTRI">            the navigational facilities,


         relevant to the route;


      (ii)   have been tested as to his proficiency in using instrument approach-to-land systems of the type in use at the aerodrome of intended landing and any alternate aerodromes, such test being carried out either in flight in instrument flight conditions or in instrument flight conditions simulated by means approved by the Director or under the supervision of a person approved by the Director for the purpose by means of a flight simulator approved by the Director under regulation 20(19);


      (iii)   have carried out as pilot in command not less than three take-offs and three landings in aircraft of the type to be used on the flight.


   (b)   In determining whether a pilot's knowledge of the matters referred to in subparagraph (a)(i) is sufficient to render him competent to perform the duties of aircraft commander on the flight, the operator shall take into account the pilot's flying experience in conjunction with the following-


      (i)   the experience of other members of the intended flight crew;


      (ii)   the influence of terrain and obstructions on departure and approach procedures at the aerodromes of take-off and intended landing and at alternate aerodromes;


      (iii)   the similarity of the instrument approach procedures and let-down aids to those with which the pilot is familiar;


      (iv)   the dimensions of runways which may be used in the course of the flight in relation to the performance limits of aircraft of the type to be used on the flight;


      (v)   the reliability of meteorological forecasts and the probability of difficult meteorological conditions in the areas to be traversed;


      (vi)   the adequacy of the information available regarding the aerodrome of intended landing and alternate aerodromes;


      (vii)   the nature of air traffic control procedures and familiarity of the pilot with such procedures;


      (viii)   the influence of terrain on route conditions and the extent of the assistance obtainable en route from navigational aids and air-to-ground communication facilities;


      (ix)   the extent to which it is possible for the pilot to become familiar with unusual aerodrome procedures and features of the route by means of ground instruction and training devices.


   (6) Co-pilots


   Any co-pilot who acts as pilot of the aircraft during take-off or landing shall-


   (a)   within the period of six months immediately preceding the commencement of the flight, have been tested as to his proficiency in using instrument approach-to-land systems of the type in use at the aerodrome of intended landing and any alternate aerodromes, such tests being carried out either in flight in instrument flight conditions or in instrument flight conditions simulated by means approved by the Director or under the supervision of a person approved by the Director for the purpose by means of a flight simulator approved by the Director; and


   (b)   within the period of three months immediately preceding the commencement of the flight, have carried out, either as pilot in command or as co-pilot, not less than three take-offs and three landings in aircraft of the type to be used on the flight.


   (7) For the purposes of this paragraph-


   "instrument flight conditions" means weather conditions such that the pilot is unable to fly by visual reference to objects outside the aircraft;


   "relevant period" means a period which immediately precedes the commencement of the flight, being a period-


   (a)   in the case of subparagraph (5)(a)(iii), of three months;


   (b)   in the case of subparagraphs (2)(a)(ii), (2)(b)(ii), (3) and (5)(a)(ii), of six months;


   (c)   in the case of subparagraphs (1), (2)(a)(i), (2)(b)(i), (4) and (5)(a)(i), of 13 months:


   Provided that-


   (i)   any pilot of the aircraft to whom the provisions of subparagraphs (2)(a)(ii), (2)(b)(ii) or (5)(a)(ii) and any flight engineer of the aircraft to whom the provisions of subparagraph (3) apply shall for the purposes of the flight be deemed to have complied with such requirements respectively within the relevant period if he has qualified to perform his duties in accordance therewith on two occasions within the period of 13 months immediately preceding the flight, such occasions being separated by an interval of not less than four months;


   (ii)   the requirements of subparagraph (5)(a)(i) shall be deemed to have been complied with within the relevant period by a pilot designated as commander of the aircraft for the flight if, having become qualified so to act on flights between the same places over the same route more than 13 months before commencement of the flight, he has within the period of 13 months immediately preceding the flight flown as pilot of an aircraft between those places over that route.


   2. (1) The records required to be maintained by an operator under regulation 27(2) shall be accurate and up-to-date records so kept as to show, on any date, in relation to each person who has during the period of two years immediately preceding that date flown as a member of the crew of any public transport aircraft operated by that operator-


   (a)   the date and particulars of each test required by this Schedule undergone by that person during the said period including the name and qualifications of the examiner;


   (b)   the date upon which that person last practised the carrying out of duties referred to in paragraph 1(1)(b);


   (c)   the operator's conclusions based on each such test and practice as to that person's competence to perform his duties; and


   (d)   the date and particulars of any decision taken by the operator during the said period in pursuance of paragraph 1(5)(a)(i) including particulars of the evidence upon which that decision was based.


   (2) The operator shall whenever called upon to do so by any authorized person produce for the inspection of any person so authorized all records referred to in the preceding subparagraph and furnish to any such person all such information as he may require in connection with any such records and produce for his inspection all log books, certificates, papers and other documents whatsoever which he may reasonably require to see for the purpose of determining whether or not such records are complete or of verifying the accuracy of their contents.


   (3) The operator shall at the request of any person in respect of whom he is required to keep records as aforesaid furnish to that person, or to any operator of aircraft for the purpose of public transport by whom that person may subsequently be employed, particulars of any qualifications in accordance with this Schedule obtained by such person whilst in his service.

PART C-
Training Manual

 

   The following information and instructions in relation to the training, experience, practice and periodical tests required under regulation 27(2) shall be included in the training manual referred to in regulation 26(2)-


   (a)   the manner in which the training, practice and periodical tests required under regulation 27(2) and specified in Part B of the Eleventh Schedule are to be carried out;


   (b)   (i)   the minimum qualifications and experience which the operator requires of persons appointed by him to give or to supervise the said training, practice and periodical tests;


      (ii)   the type of training, practice and periodical tests which each such person is appointed to give or to supervise; and


      (iii)   the type of aircraft in respect of which each such person is appointed to give or to supervise the said training, practice and periodical tests;


   (c)   the minimum qualifications and experience required of each member of the crew undergoing the said training, practice and periodical tests;


   (d)   the syllabus for, and specimen forms for recording the said training, practice and periodical tests;


   (e)   the manner in which instrument flight conditions and engine failure are to be simulated in the aircraft in flight;


   (f)   the extent to which the said training and testing is permitted in the course of flights for the purpose of public transport; and


   (g)   the use to be made in the said training and testing of apparatus approved for the purpose by the Director.

TWELFTH SCHEDULE
DOCUMENTS TO BE CARRIED BY AIRCRAFT REGISTERED IN BOTSWANA

 

(regs. 54, 56)

 

By all aircraft at all times:


   Documents A, B, C and G;


by all aircraft engaged in public transport operations:


   Documents A, B, C, D, E, F, G and H;


by all aircraft engaged in aerial work operations:


   Documents A, B, C, E, F and G.


For the purposes of this Schedule:


   "A" means the licence in force in respect of the aircraft radio station installed in the aircraft, and the current telecommunication log book required by these Regulations;


   "B" means the certificate of airworthiness in force in respect of the aircraft;


   "C" means the licences of the members of the flight crew of the aircraft;


   "D" means one copy of the load sheet, if any, required by regulation 28 in respect of the flight;


   "E" means one copy of each certificate of maintenance, if any, in force in respect of the aircraft;


   "F" means the technical log, if any, in which entries are required to be made under regulation 10, and the log book, if any, in which entries are required to be made under regulation 11;


   "G" means the certificate of registration in force in respect of the aircraft; and


   "H" means the operations manual, if any, required by regulation 25(2)(c) to be carried on the flight.

THIRTEENTH SCHEDULE
PENALTIES

 

(reg. 83)

 

PART A
Provisions referred to in regulation 83(5)


   Regulations 3, 5, 11(2) and (5), 15, 16(3), 23, 28(5), 35, 36(2), 47, 51(3), 64(2), 68(4), 70, 74, 75(1) and (2), and 81.


PART B
Provisions referred to in regulation 83(6)


   Regulations 6, 7, 9(1), 10, 11 (except subregulations (2) and (5)), 13, 14, 16 (except subregulation (3)), 18, 19, 25, 26, 28 (except subregulation (5)), 29 to 34 inclusive, 36(1), 37 to 46 inclusive, 48, 49, 50(1) and (2), 59 (except subregulation (3)), 60 (except subregulation (4)), 62 (except subregulation (4)), 64 (except subregulation (2)), 65, 66, 69, 77, 78 and 79.

FOURTEENTH SCHEDULE
RULES OF THE AIR AND AIR TRAFFIC CONTROL

SECTION I

 

1.   Interpretation

 

   In this Schedule, unless the context otherwise requires-

 

   "air traffic control clearance" means authorization by an air traffic control unit for an aircraft to proceed under conditions specified by that unit;

 

   "anti-collision light" means a flashing red light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilots of distant aircraft;

 

   "apron" means the part of an aerodrome provided for the stationing of aircraft for the embarkation and disembarkation of passengers, the loading and unloading of cargo and for parking;

 

   "ground visibility" means the horizontal visibility at ground level;

 

   "IFR flight" means a flight conducted in accordance with the Instrument Flight Rules in Section VI;

 

   "manoeuvring area" means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding the apron and any part of the aerodrome provided for the maintenance of aircraft;

 

   "runway" means an area, whether or not paved, which is provided for the take-off or landing run of aircraft;

 

   "VFR flight" means a flight conducted in accordance with the Visual Flight Rules in Section V.

SECTION II
General

 

2.   Application of Rules to Aircraft

 

   The provisions of this Schedule, insofar as they are applicable in relation to aircraft, shall, subject to the provisions of rule 29, apply in relation to-

 

   (a)   all aircraft within Botswana; and

 

   (b)   all aircraft registered in Botswana, wherever they may be.

 

3.   Misuse of Signals and Markings

 

   (1) A signal or marking to which a meaning is given by this Schedule, or which is required by this Schedule to be used in circumstances or for a purpose therein specified, shall not be used except with that meaning, or for that purpose.

 

   (2) A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking off or landing shall not make any signal which may be confused with a signal specified in this Schedule.

 

4.   Reporting Hazardous Conditions

 

   The commander of an aircraft shall, on meeting with hazardous conditions in the course of a flight, or as soon as possible thereafter, send to the appropriate air traffic control unit by the quickest means available information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

 

5.   Low Flying

 

   (1) Subject to the provisions of paragraphs (2) to (6)-

 

   (a)   an aircraft other than a helicopter shall not fly over any congested area of a city, town or settlement below-

 

      (i)   such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or

 

      (ii)   a height of 1 500 feet above the highest fixed object within 2 000 feet of the aircraft, whichever is the higher;

 

   (b)   a helicopter shall not fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit;

 

   (c)   except with the permission in writing of the Director and in accordance with any conditions therein specified, a helicopter shall not fly over a congested area of a city, town or settlement below a height of 1 500 feet above the highest fixed object within 2 000 feet of the helicopter;

 

   (d)   an aircraft shall not fly-

 

      (i)   over, or within 3 000 feet of, any assembly in the open air, assembled for the purpose of witnessing or participating in any organized event, except with the permission in writing of the Director and in accordance with any conditions therein specified and with the consent in writing of the organizers of the event; or

 

      (ii)   below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit:

 

         Provided that where a person is charged with an offence under these Regulations by reason of a contravention of this subparagraph, it shall be a good defence to prove that the flight of the aircraft over, or within 3 000 feet of, the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly;

 

   (e)   an aircraft shall not fly closer than 500 feet to any person, vessel, vehicle or structure.

 

   (2) The provisions of paragraph (1)(a)(ii) and (c) shall not apply to an aircraft flying-

 

   (a)   on a route notified for the purposes of this rule; or

 

   (b)   on a special VFR flight as defined in rule 23 in accordance with instructions given for the purposes of that rule by the appropriate air traffic control unit.

 

   (3) Paragraph (1)(d) and (e) shall not apply to an aircraft which is being used for police purposes.

 

   (4) Paragraph (1)(d) and (e) shall not apply to the flight of an aircraft over or within 3 000 feet of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race or contest or an exhibition of flying, if the aircraft is taking part in such race, contest or exhibition, or is engaged on a flight arranged by, or made with the consent in writing of, the organizers of the event.

 

   (5) Paragraph (1)(e) shall not apply to-

 

   (a)   any aircraft while it is landing or taking off in accordance with normal aviation practice;

 

   (b)   any glider while it is hill-soaring;

 

   (c)   any aircraft while it is flying in accordance with proviso (vi) to regulation 39(2).

 

   (6) Nothing in this rule shall prohibit an aircraft from flying in such a manner as is necessary for the purpose of saving life.

 

   (7) Nothing in this rule shall prohibit any aircraft from flying in accordance with normal aviation practice, for the purpose of taking off from, landing at or practising approaches to landing at, or checking navigational aids or procedures at, a Government aerodrome or a licensed aerodrome in Botswana or at any aerodrome in any other country:

 

   Provided that the practising of approaches to landing shall be confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

 

6.   Simlated Instrument Flight

 

   An aircraft shall not be flown in simulated instrument flight conditions unless-

 

   (a)   the aircraft is fitted with dual controls which are functioning properly;

 

   (b)   an additional pilot (in this rule called a "safety pilot") is carried in a second control seat of the aircraft for the purpose of rendering such assistance as may be necessary to the pilot flying the aircraft; and

 

   (c)   if the safety pilot's field of vision is not adequate both forward and to each side of the aircraft, a third person, being a competent observer, occupies a position in the aircraft which from his field of vision makes good the deficiencies in that of the safety pilot, and from which he can readily communicate with the safety pilot.

 

   For the purposes of this rule the expression "simulated instrument flight" means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft.

 

7.   Practice Instrument Approaches

 

   Within Botswana an aircraft shall not carry out instrument approach practice when flying in visual meteorological conditions unless-

 

   (a)   the appropriate air traffic control unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; and

 

   (b)   if the flight is not being carried out in simulated instrument flight conditions, a competent observer is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot flying the aircraft.

SECTION III
Lights and other Signals to be Shown or Made by Aircraft

 

8.   General

 

   (1) For the purposes of this section the horizontal plane of a light shown in an aircraft means the plane which would be the horizontal plane passing through the source of that light, if the aircraft were in level flight.

 

   (2) Where by reason of the physical construction of an aircraft it is necessary to fit more than one lamp in order to show a light required by this section, the lamps shall be so fitted and constructed that, so far as is reasonably practicable, not more than one such lamp is visible from any one point outside the aircraft.

 

   (3) Where in this Schedule a light is required to show through specified angles in the horizontal plane, the lamps giving such light shall be so constructed and fitted that the light is visible from any point in any vertical plane within those angles throughout angles of 90° above and below the horizontal plane, but, so far as is reasonably practicable, through no greater angle, either in the horizontal plane or in the vertical plane.

 

   (4) Where in this Schedule a light is required to show in all directions, the lamps giving such light shall be so constructed and fitted that, so far as is reasonably practicable, the light is visible from any point in the horizontal plane and on any vertical plane passing through the source of that light.

 

9.   Display of Lights by Aircraft

 

   (1) By night an aircraft shall display such of the lights specified in this Schedule as may be appropriate to the circumstances of the case, and shall not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights:

 

   Provided that nothing in this rule shall prevent the display of an anti-collision light.

 

   (2) A flying machine on a land aerodrome in Botswana at which aircraft normally land or take-off at night shall, unless it is stationary on the apron or a part of the aerodrome provided for the maintenance of aircraft, display by night either the lights which it would be required to display if it were flying, or the lights specified in rule 11(2)(a) or (c).

 

10.   Failure of Navigation Lights

 

   In Botswana, in the event of the failure of any light which is required by this Schedule to be displayed in flight, if the light cannot be immediately repaired or replaced, the aircraft shall land as soon as in the opinion of the commander of the aircraft it can safely do so, unless authorized by the appropriate air traffic control unit to continue its flight.

 

11.   Flying Machines

 

   (1) A flying machine when flying at night shall display lights as follows-

 

   (a)   in the case of a flying machine registered in Botswana having a maximum total weight authorized of more than 5 700 kg, the system of lights specified in paragraph (2)(b);

 

   (b)   in the case of a flying machine registered in Botswana having a maximum total weight authorized of 5 700 kg or less, any one of the following systems of lights-

 

      (i)   that specified in paragraph 2(a);

 

      (ii)   that specified in paragraph 2(b); or

 

      (iii)   that specified in paragraph 2(d), excluding (ii);

 

   (c)   in the case of any other flying machine, one of the systems of lights specified in paragraph (2).

 

   (2) The system of lights referred to in paragraph (1) is as follows-

 

   (a)   (i)   a green light of at least five candela showing to the starboard side through an angle of 110° from dead ahead in the horizontal plane;

 

      (ii)   a red light of at least five candela showing to the port side through an angle of 110° from dead ahead in the horizontal plane; and

 

      (iii)   a white light of at least three candela showing through angles of 70° from dead astern to each side in the horizontal plane, all being steady lights;

 

   (b)   (i)   the lights specified in subparagraph (a); and

 

      (ii)   an anti-collision light,

 

   (c)   the lights specified in subparagraph (a), but all being flashing lights flashing together; and

 

   (d)   the lights specified in subparagraph (a), but all being flashing lights flashing together in alternation with one or both of the following-

 

      (i)   a flashing white light of at least 20 candela showing in all directions;

 

      (ii)   a flashing red light of at least 20 candela showing through angles of 70° from dead astern to each side in the horizontal plane.

 

   (3) If the lamp showing either the red or the green light specified in paragraph (2)(a) is fitted more than 2 m from the wing tip a lamp may, notwithstanding the provisions of rule 9(1), be fitted at the wing tip to indicate its position, showing a steady light of the same colour through the same angle.

 

12.   Gliders

 

   A glider while flying at night shall display either a steady red light of at least five candela, showing in all directions, or lights in accordance with rule 11(2) and (3).

 

13.   Free Balloons

 

    A free balloon while flying at night shall display a steady red light of at least five candela, showing in all directions, suspended not less than 5 m and not more than 10 m below the basket, or, if there is no basket, below the lowest part of the balloon.

 

14.   Captive Balloons and Kites

 

    (1) A captive balloon or kite while flying at night at a height exceeding 60 m above the surface shall display lights as follows-

 

   (a)   a group of two steady lights consisting of a white light placed 4 m above a red light, both being of at least five candela and showing in all directions, the white light being placed not less than 5 m or more than 10 m below the basket, or if there is no basket, below the lowest part of the balloon or kite;

 

   (b)   on the mooring cable, at intervals of not more than 300 m measured from the group of lights referred to in subparagraph (a), groups of two lights of the colour and power and in the relative positions specified in that subparagraph and, if the lowest group of lights is obscured by cloud, an additional group below the cloud base; and

 

   (c)   on the surface, a group of three flashing lights arranged in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measures at least 25 m; one side of the triangle shall be approximately at right angles to the horizontal projection of the cable and shall be delimited by two red lights; the third light shall be a green light so placed that the triangle encloses the object on the surface to which the balloon or kite is moored.

 

   (2) A captive balloon while flying by day at a height exceeding 60 m above the surface shall have attached to its mooring cable at intervals of not more than 200 m measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 40 cm in diameter and 2 m in length, and marked with alternate bands of red and white, 50 cm wide.

 

   (3) A kite flown in the circumstances referred to in paragraph (2) shall have attached to its mooring cable either-

 

   (a)   tubular streamers, as specified in paragraph (2); or

 

   (b)   at intervals of not more than 100 m measured from the lowest part of the kite, streamers of not less than 80 cm long and 30 cm wide at their widest point and marked with alternate banks of red and white, 10 cm wide.

 

15.   Airships

 

   (1) Except as provided in paragraph (2), an airship while flying at night shall display the following steady lights-

 

   (a)   a white light of at least five candela showing through angles of 110° from dead ahead to each side in the horizontal plane;

 

   (b)   a green light of at least five candela showing to the starboard side through an angle of 110° from dead ahead in the horizontal plane;

 

   (c)   a red light of at least five candela showing to the port side through an angle of 110° from dead ahead in the horizontal plane; and

 

   (d)   a white light of at least five candela showing through an angle of 70° from dead astern to each side in the horizontal plane.

 

   (2) An airship while flying at night shall display, if it is not under command, or has voluntarily stopped its engines, or is being towed, the following steady lights-

 

   (a)   the white lights referred to in paragraph (1)(a) and (d);

 

   (b)   two red lights, each of at least five candela and showing in all directions, suspended below the control car so that one is at least 4 m above the other and at least 8 m below the control car; and

 

   (c)   if the airship is making way but not otherwise, the green and red lights referred to in paragraph (1)(b) and (c):

 

   Provided that an airship while picking up its moorings, notwithstanding that it is not under command, shall display only the lights specified in paragraph (1).

 

   (3) An airship, while moored within Botswana by night, shall display the following lights-

 

   (a)   when moored to a mooring mast, at or near the rear, a white light of at least five candela, showing in all directions;

 

   (b)   when moored otherwise than to a mooring mast-

 

      (i)   a white light of at least five candela showing through angles of 110° from dead ahead to each side in the horizontal plane;

 

      (ii)   a white light of at least five candela showing through angles of 70° from dead astern to each side in the horizontal plane.

 

   (4) An airship while flying by day, if it is not under command, or has voluntarily stopped its engines, or is being towed, shall display two black balls suspended below the control car so that one is at least 4 m above the other and at least 8 m below the control car.

 

   (5) For the purposes of this paragraph-

 

   (a)   an airship shall be deemed not to be under command when it is unable to execute a manoeuvre which it may be required to execute by or under this Schedule; and

 

   (b)   an airship shall be deemed to be making way when it is not moored and is in motion relative to the air.

SECTION IV
General Flight Rules

 

16.   Weather Report and Forecasts

 

   (1) Immediately before an aircraft flies the commander of the aircraft shall examine the current reports and forecasts of the weather conditions on the proposed flight path, being reports and forecasts which it is reasonably practicable for him to obtain, in order to determine whether or not Instrument Meteorological Conditions prevail or are likely to prevail during any part of the flight.

 

   (2) An aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to an aerodrome within a control zone if the information which it is reasonably practicable for the commander of the aircraft to obtain indicates that it will arrive at that aerodrome when the ground visibility is less than five nautical miles or the cloud ceiling is less than 1 500 feet, unless the commander of the aircraft has obtained from an air traffic control unit at that aerodrome permission to enter the aerodrome traffic zone.

 

17.   Rules for Avoiding Aerial Collisions

 

   (1) General

 

   (a)   Notwithstanding that the flight is being made with air traffic control clearance, it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.

 

   (b)   An aircraft shall not be flown in such proximity to other aircraft as to create a danger of collision.

 

   (c)   Aircraft shall not fly in formation unless the commanders of the aircraft have agreed to do so.

 

   (d)   An aircraft which is obliged by this Schedule to give way to another aircraft shall avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.

 

   (e)   An aircraft which has the right-of-way under this paragraph shall maintain its course and speed.

 

   (f)   For the purposes of this paragraph a glider and a flying machine which is towing it shall be considered to be a single aircraft under the command of the commander of the towing flying machine.

 

   (2) Converging

 

   (a)   Subject to the provisions of paragraphs (3) and (4), an aircraft in the air shall give way to other converging aircraft as follows-

 

      (i)   flying machines shall give way to airships, gliders and balloons;

 

      (ii)   airships shall give way to gliders and balloons;

 

      (iii)   gliders shall give way to balloons.

 

   (b)   Subject to the provisions of subparagraph (a), when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right shall give way:

 

         Provided that mechanically driven aircraft shall give way to aircraft which are towing other aircraft or objects.

 

   (3) Approaching head-on

 

   When two aircraft are approaching head-on or approximately so in the air and there is danger of collision, each shall alter its course to the right.

 

   (4) Overtaking

 

   An aircraft which is being overtaken in the air shall have the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering course to the right, and shall not cease to keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircraft:

 

   Provided that a glider overtaking another glider in Botswana may alter its course to the right or to the left.

 

   (5) Landing

 

   An aircraft while landing or on final approach to land shall have the right-of-way over other aircraft in flight or on the ground or water.

 

   (6) Two or more aircraft landing

 

   In the case of two or more flying machines or gliders approaching any place for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way, but it shall not cut in front of another aircraft which is on final approach to land or overtake that aircraft:

 

   Provided that-

 

   (i)   when an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order; and

 

   (ii)   when the commander of an aircraft is aware that another aircraft is making an emergency landing, he shall give way to that aircraft, and at night, notwithstanding that he may have received permission to land, shall not attempt to land until he has received further permission to do so.

 

18.   Aerobatic Manoeuvres

 

   An aircraft shall not carry out any aerobatic manoeuvre-

 

   (a)   over the congested area of any city, town or settlement; or

 

   (b)   within controlled airspace except with the consent of the appropriate air traffic control unit.

 

19.   Right-hand Traffic Rule

 

   An aircraft which is flying within Botswana in sight of the ground and following a road or railway, or any other line of landmarks, shall keep such line of landmarks on its left.

 

20.   Notification of Arrival

 

    (1) The commander of an aircraft entering or leaving Botswana on any flight for which a flight plan has been submitted shall take all reasonable steps to ensure upon landing that notice of the arrival of the aircraft is given to the aerodrome of departure.

 

   (2) The commander of an aircraft who has caused notice of its intended arrival at any aerodrome to be given to the air traffic control unit or other authority at that aerodrome shall ensure that the air traffic control unit or other authority at that aerodrome is informed as quickly as possible of any change of intended destination and any estimated delay in arrival of 45 minutes or more.

 

21.   Flight in Notified Airspace

 

   In relation to flights in Visual Meteorological Conditions in controlled airspace notified for the purposes of this rule, the commander of an aircraft shall comply with rules 27 and 28 as if the flights were IFR flights:

 

   Provided that the commander of the aircraft shall not elect to continue the flight in compliance with the Visual Flight Rules for the purposes of rule 27(3).

 

22.   Choice of VFR or IFR

 

   Subject to the provisions of rule 21, an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instruments Flight Rules:

 

   Provided that in Botswana an aircraft flying at night-

 

   (i)   outside a control zone, shall be flown in accordance with the Instrument Flight Rules, or

 

   (ii)   in a control zone, shall be flown in accordance with the Instrument Flight Rules or the provisions of the proviso to rule 23(1)(b).

SECTION V
Visual Flight Rules

 

23.

 

   (1) The Visual Flight Rules shall be as follows-

 

   (a)   Outside controlled airspace

 

      (i)   An aircraft flying outside controlled airspace above 3 000 feet above mean sea level shall remain at least one nautical mile horizontally and 1 000 feet vertically away from cloud and in a flight visibility of at least five nautical miles;

 

      (ii)   an aircraft other than a helicopter flying outside controlled airspace at or below 3 000 feet above mean sea level shall remain at least one nautical mile horizontally and 1 000 feet vertically away from cloud and in a flight visibility of at least three nautical miles:

 

            Provided that this subparagraph shall be deemed to be complied with if the aircraft is flown at a speed which according to its air speed indicator is 140 knots or less and remains clear of cloud, in sight of the surface and in a flight visibility of at least one nautical mile;

 

      (iii)   a helicopter flying outside controlled airspace at or below 3 000 feet above mean sea level shall remain clear of cloud and in sight of the surface, or at least one nautical mile horizontally and 1 000 feet vertically away from cloud and in a flight visibility of at least three nautical miles.

 

   (b)   Within Controlled Airspace

 

         An aircraft flying within controlled airspace shall remain at least one nautical mile horizontally and 1 000 feet vertically away from cloud and in a flight visibility of at least five nautical miles:

 

         Provided that in a control zone, in the case of a special VFR flight, the aircraft shall be flown in accordance with any instructions given by the appropriate air traffic control unit.

 

         For the purposes of this rule "special VFR flight" means a flight made in Instrument Meteorological Conditions or at night in a control zone or in a control zone notified for the purposes of rule 21 in respect of which the appropriate air traffic control unit has given permission for the flight to be made in accordance with special instructions given by that unit instead of in accordance with the Instrument Flight Rules.

 

   (2) Where the Director has notified increases in all or any of the distances mentioned in subparagraph (a) or (b) of paragraph (1), then such increased distances shall be deemed to be substituted for the distances mentioned in this rule for so long as the notification concerned is in force.

SECTION VI
Instrument Flight Rules

 

24.

 

   The Instrument Flight Rules shall be as follows-

 

   (a)   Outside controlled airspace

 

   In relation to flights outside controlled airspace rules 25 and 26 shall apply.

 

   (b)   Within controlled airspace

 

   In relation to flights within controlled airspace rules 25, 27 and 28 shall apply.

 

25.   Minimum Height

 

   Without prejudice to the provisions of rule 5, in order to comply with the Instrument Flight Rules an aircraft shall not fly at a height of less than 1 500 feet above the highest obstacle within a distance of five nautical miles of the aircraft unless-

 

   (a)   it is necessary for the aircraft to do so in order to take-off or land;

 

   (b)   the aircraft is flying on a route notified for the purposes of this rule;

 

   (c)   the aircraft has been otherwise authorized by the competent authority; or

 

   (d)   the aircraft is flying at an altitude not exceeding 3 000 feet above mean sea level and remains clear of cloud and in sight of the surface.

 

26.   Semi-circular Rule

 

   In order to comply with the Instrument Flight Rules an aircraft when in level flight above 3 000 feet above mean sea level outside controlled airspace shall be flown at a level appropriate to its magnetic track, in accordance with the Table set forth in this rule. The level of flight shall be measured by an altimeter set according to the system notified, or, in the case of flight over a country other than Botswana, otherwise published by the competent authority, in relation to the area over which the aircraft is flying:

 

   Provided that an aircraft may be flown at a level other than the level required by this rule if it is flying in conformity with instructions given by an air traffic control unit in accordance with notified en route holding patterns or in accordance with holding procedures notified in relation to an aerodrome.

TABLE

 

 

Magnetic Track
000°-179° 

Magnetic Track
180°-359° 

IFR Flights 

VFR Flights 

IFR Flights 

VFR Flights 

10 

20 

30 

35 

40 

45 

50 

55 

60 

65 

70 etc. to .......... 

75 etc. to ........... 

80 etc. to ........... 

85 etc. to ............. 

290 then .......... 

195 

280 then ............ 

185 

330 

 

310 

 

370 

 

350 

 

 

N.B. VFR not permitted above flight level 200.

 

27.   Flight Plan and Air Traffic Control Clearance and Flight Notification

 

   (1) Before an aircraft either takes off from a point within any controlled airspace or otherwise flies within any controlled airspace, the commander of the aircraft shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance based on such flight plan.

 

   (2) The flight plan shall contain such particulars of the intended flight as may be necessary to enable the air traffic control unit to issue an air traffic control clearance, or for search and rescue purposes.

 

   (3) The commander of the aircraft shall fly in conformity with-

 

   (a)   the air traffic control clearance issued for the flight; as amended by any further instructions given by an air traffic control unit; and

 

   (b)   the holding and instrument approach procedures notified in relation to the aerodrome of destination, unless he is otherwise authorized by the air traffic control unit there:

 

   Provided that he shall not be required to comply with the foregoing provisions of this paragraph if-

 

   (i)   he is able to fly in uninterrupted Visual Meteorological Conditions for so long as he remains in controlled airspace; and

 

   (ii)   he has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with Visual Flight Rules and has requested that unit to cancel his Instrument Flight Rule Plan.

 

   (4) If for the purpose of avoiding immediate danger any departure is made from the provisions of paragraph (3) (as is permitted by regulation 60(3)) the commander of the aircraft shall, in addition to causing particulars to be given in accordance with regulation 60(4), as soon as possible inform the appropriate air traffic control unit of the deviation.

 

   (5) Before an aircraft takes off from a point outside controlled airspace the commander of the aircraft shall cause a flight notification to be communicated to the appropriate authority.

 

   (6) The flight notification shall contain such particulars of the intended flight as may be necessary for search and rescue purposes.

 

28.   Position Reports

 

   In order to comply with the Instrument Flight Rules the commander of an aircraft in IFR flight who flies in or is intending to enter controlled airspace shall report to the appropriate air control unit the time, position and altitude of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.

 

Section VII
Aerodrome Traffic Rules

 

29.   Application of Aerodrome Traffic Rules

   The rules in this section which are expressed to apply to flying machines shall also be observed, so far as is practicable, in relation to all other aircraft.

 

30.   Visual Signals

 

   The commander of a flying machine on, or in the traffic zone of, an aerodrome shall observe such visual signals as may be displayed at, or directed to him from, the aerodrome by the authority of the person in charge of the aerodrome and shall obey any instructions which may be given to him by means of such signals:

 

   Provided that he shall not be required to obey the signals referred to in rule 42 (Marshalling Signals) if in his opinion it is inadvisable to do so in the interests of safety.

 

31.   Access to and movement on the Manoeuvring Area and other parts of the aerodrome used by Aircraft

 

   (1) A person or vehicle shall not go on to any part of an aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome without the permission of the person in charge of the aerodrome, and except in accordance with any conditions subject to which that permission may have been granted.

 

   (2) A vehicle or person shall not go or move on the manoeuvring area of an aerodrome having an air traffic control unit without the permission of that unit, and except in accordance with any conditions subject to which that permission may have been granted.

 

   (3) Any permission granted for the purposes of this rule may be granted either in respect of persons or vehicle generally, or in respect of any particular person or vehicle or any class of person or vehicle.

 

32.   Rights of Way on the Ground

 

   (1) This rule shall apply to-

 

   (a)   flying machines; and

 

   (b)   vehicles,

 

on any part of a land aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome.

 

   (2) Notwithstanding any air traffic control clearance, it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle.

 

   (3) Flying machines and vehicles shall give way to aircraft which are taking-off or landing.

 

   (4) Vehicles and flying machines which are not taking-off or landing, shall give way to vehicles towing aircraft.

 

   (5) Vehicles which are not towing aircraft shall give way to aircraft.

 

   (6) Subject to the provisions of paragraphs (3) to (5) and of rule 34(5), in case of danger of collision between two flying machines-

 

   (a)   when the two flying machines are approaching head-on or approximately so, each shall alter its course to the right;

 

   (b)   when the two flying machines are on converging courses, the one which has the other on its right shall give way to the other and shall avoid crossing ahead of the other unless passing well clear of it;

 

   (c)   a flying machine which is being overtaken shall have the right-of-way, and the overtaking flying machine shall keep out of the way of the other flying machine by altering its course to the left until that other flying machine has been passed and is clear, notwithstanding any change in the relative positions of the two flying machines.

 

   (7) Subject to the provisions of paragraph (4), a vehicle shall-

 

   (a)   overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle;

 

   (b)   keep to the left when passing another vehicle which is approaching head-on or approximately so.

 

Dropping of Tow Ropes, etc.

 

33. Tow ropes, banners or similar articles towed by aircraft shall not be dropped from aircraft except at an aerodrome and-

 

   (a)   in accordance with arrangements made with an air traffic control unit at the aerodrome or, if there is no such unit, with the person in charge of the aerodrome; or

 

   (b)   in the area designated by the marking described in rule 39(7), and the ropes, banners or similar articles shall be dropped when the aircraft is flying in the direction appropriate for landing.

 

34.   Aerodromes not having Air Traffic Control Units

 

   (1) An aircraft shall not fly within a zone which the commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome where no air traffic control unit is for the time being notified as being on watch, except for the purpose of taking off or landing at that aerodrome or observing the signals in the signals area with a view to landing there, unless he has the permission of the person in charge of the aerodrome.

 

   (2) An aircraft flying within such a zone for the purpose of observing the signals shall remain clear of cloud and at least 500 feet above the level of the aerodrome.

 

   (3) The commander of an aircraft flying in such a zone or moving on such an aerodrome shall-

 

   (a)   conform to the pattern of traffic formed by other aircraft, or keep clear of the airspace in which the pattern is formed;

 

   (b)   make all turns to the left unless ground signals otherwise indicate; and

 

   (c)   take-off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.

 

   (4) A flying machine or glider shall not land on a runway at such an aerodrome unless the runway is clear of other aircraft.

 

   (5) Where take-offs and landings are not confined to a runway-

 

   (a)   a flying machine or glider when landing shall leave clear on its left any aircraft which has already landed or is already landing or is about to take-off; if such a flying machine or glider is obliged to turn, it shall turn to the left after the commander of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and

 

   (b)   a flying machine about to take-off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which is already taking-off or is about to take-off.

   (6) A flying machine after landing shall move clear of the landing area in use as soon as it is possible to do so.

 

35.   Aerodromes having Air Traffic Control Units

 

    (1) An aircraft shall not fly within a zone which the commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome where an air traffic control unit is for the time being notified as being on watch, except for the purpose of observing any signals at that aerodrome with a view to landing there, unless he has the permission of the appropriate air traffic control unit.

 

   (2) The commander of an aircraft flying in the aerodrome traffic zone of an aerodrome where an air traffic control unit is for the time being notified as being on watch or moving on such an aerodrome shall-

 

   (a)   cause a continuous watch to be maintained on the appropriate radio frequency notified for air traffic control communications at the aerodrome, or, if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means;

 

   (b)   not taxi on the apron or manoeuvring area or take-off or land anywhere in the zone except with the permission of the air traffic control unit;

 

   (c)   comply with the provisions of rule 34(2) to (6) as if the aerodrome did not have an air traffic control unit, unless he has the permission of the air traffic control unit at the aerodrome, or has been instructed by that unit, to do otherwise.

SECTION VIII
Aerodrome Signals and Markings: Visual and Aural Signals

 

36.   General

 

   (1) Whenever any signal specified in this section is given or displayed, or whenever any marking so specified is displayed, by any person in an aircraft, or at an aerodrome, or at any other place which is being used by aircraft for landing or take-off, it shall, when given or displayed in Botswana, have the meaning assigned to it in this section.

 

   (2) All dimensions specified in this section shall be subject to a tolerance of 10 percent, plus or minus.

 

37.   Signals in the Signals Area

 

   (1) When any signal specified in the following paragraphs is displayed it shall be placed in a signals area, which shall be a square visible in all directions bordered by a white strip 30 cm wide, the internal sides measuring 12 m.

 

   (2) A white landing T, as illustrated in this subparagraph, signifies that aeroplanes and gliders taking off or landing shall do so in a direction parallel with the shaft of the T and towards the cross arm, unless otherwise authorized by the appropriate air traffic control unit.

 

 

   (3) A white disc 60cm in diameter displayed alongside the cross arm of the T and in line with the shaft of the T, as illustrated in this subparagraph, signifies that the direction of landing and take-off do not necessarily coincide.

 

 

   (4) A white dumb-bell, as illustrated in this subparagraph, signifies that movements of aeroplanes and gliders on the ground shall be confined to paved, metalled or similar hard surfaces.

 

 

   (5) A white dumb-bell as described in subparagraph (4) but with a black stripe 60cm wide across each disc at right angles to the shaft of the dumb-bell, as illustrated in this subparagraph, signifies that aeroplanes and gliders taking off or landing shall do so on a runway but that movement on the ground is not confined to paved, metalled or similar hard surfaces.

 

 

   (6) A red and yellow striped arrow, as illustrated in this subparagraph, the shaft of which is at least one metre wide placed along the whole or not less than a total of 11m of two adjacent sides of the signals area and pointing in a clockwise direction signifies that a right-hand circuit is in force.

 

 

   (7) A red panel 3m square with a yellow stripe along one diagonal at least 50cm wide, as illustrated in this subparagraph, signifies that the state of the manoeuvring area is poor and pilots must exercise special care when landing.

 

 

   (8) A red panel 3m square with a yellow stripe, at least 50cm wide, along each diagonal, as illustrated in this subparagraph, signifies that the aerodrome is unsafe for the movement of aircraft and that landing on the aerodrome is prohibited.

 

 

   (9) A white letter H, as illustrated in this subparagraph, signifies that helicopters shall take off and land only within the area designated by the marking specified in rule 42 of these Rules.

 

 

   (10) A red letter L displayed on the dumb-bell specified in the subparagraphs (4) and (5) as illustrated in this subparagraph, signifies that light aircraft are permitted to take off and land either on a runway or on the area designated by the marking specified in rule 39.

 

 

   (11) A white double cross, as illustrated in this subparagraph, signifies that glider flying is in progress.

 

 

38.   Markings for Paved Runways and Taxiways

 

   (1) Two or more white crosses, as illustrated in this subparagraph, displayed on a runway or taxiway, with the arms of the crosses at the angle of 45° to the centre line of the runway, at intervals of not more than 300m signify that the section of the runway or taxiway marked by them is unfit for the movement of aircraft.

 

 

   (2) A broken white line and a continuous line, as illustrated in this subparagraph, signify a holding position beyond which no part of an aircraft or vehicle shall project in the direction of the runway without permission from an air traffic control unit.

 

 

   (3) Orange and white markers, as illustrated in this subparagraph, spaced not more that 15m apart, signify the boundary of that part of a paved runway, taxiway or apron which is unfit for the movement of aircraft.

 

 

39.   Markings on Unpaved Manoeuvring Areas

 

   (1) Markers with orange and white stripes of an equal width of not less than 50cm, with an orange stripe at each end, as illustrated in this subparagraph, alternating with flags not less than 60cm square showing equal orange and white triangular areas, indicate the boundary of an area unfit for the movement of aircraft and one or more white crosses as specified in rule 38 indicate the said area. The distance between any two successive orange and white flags shall not exceed 90m.

 

   (2) Striped markers, as specified in subparagraph (1) spaced not more than 45m apart, indicate the boundary of an aerodrome.

 

   (3) On structures, markers with orange and white verticle stripes, of an equal width of not less than 50cm, with an orange stripe at each end, as illustrated in this subparagraph, spaced not more than 45m apart, indicate the boundary of an aerodrome. The pattern of the marker shall be visible from the inside and outside the aerodrome and the marker shall be affixed not more than 15cm from the top of the structure.

 

 

   (4) White flat rectangular markers 3m long and 1m wide at intervals not exceeding 90m, flush with the surface of the unpaved runway or stopway, as the case may be, indicate the boundary of an unpaved runway or of a stopway.

 

   (5) A white letter H, as illustrated in this subparagraph, indicates an area which shall be used only for the taking-off and landing of helicopters.

 

 

   (6) A white letter L as illustrated in this subparagraph, indicates a part of the manoeuvring area which shall be used only for the taking-off and landing of light aircraft.

 

 

   (7) A yellow cross with two arms 6m long by 1m wide at right angles, indicates that tow ropes and similar articles towed by aircraft shall only be dropped in the area in which the cross is placed.

 

   (8) A white double cross as illustrated in this subparagraph, indicates an area which shall be used only for the taking-off and landing of gliders.

 

 

   (9) A white landing T as specified in rule 37 placed at the left hand side of the runway when viewed from the direction of landing indicates the runway to be used, and at an aerodrome with no runway it indicates the direction for take-off and landing.

 

40.   Signals Visible from the Ground

 

   (1) A black ball 60 cm in diameter suspended from a mast signifies that the directions of take-off and landing are not necessarily the same.

 

   (2) A checkered flag or board 1,2 in by 90 cm containing 12 equal squares, four horizontally and three vertically, coloured red and yellow alternately, signifies that aircraft may move on the manoeuvring area and apron only in accordance with the permission of the air traffic control unit at the aerodrome.

 

   (3) Two red balls 60 cm in diameter, disposed vertically one above the other, 60 cm apart and suspended from a mast, signify that glider flying is in progress at the aerodrome.

 

   (4) Black arabic numerals in two-figure groups and, where parallel runways are provided the letter or letters L (left), LC (left centre), C (centre), RC (right centre) and R (right), placed against a yellow background, indicate the direction for take-off or the runway in use.

 

   (5) A black letter C against a yellow background, as illustrated in this subparagraph, indicates the position at which a pilot can report to the air traffic control unit or to the person in charge of the aerodrome.

 

 

   (6) A rectangular green flag of not less than 60 cm flown from a mast indicates that a right-hand circuit is in force.

 

41.   Lights and Pyrotechnic Signals for Control of Aerodrome Traffic

 

   Each signal described in the first column of Table A, when directed from an aerodrome to an aircraft or to a vehicle, or from an aircraft, shall have the meanings respectively appearing in the second, third and fourth columns of that Table in relation to the description of the signal.

TABLE A
MEANING OF LIGHTS AND PYROTECHNIC SIGNALS

 

Characteristic and colour of light beam or pyrotechnic

From an aerodrome 

to an aircraft in flight 

to an aircraft or vehicle on the aerodrome

From an aircraft in flight to an aerodrome

(a)   Continuous red light 

Give way to other aircraft and continue circling

Stop 

 

(b)   Red pyrotechnic light, or
Red flare 

 

   Do not land; wait for permission 


-

Immediate assistance is requested

(c)   Red flashes 

Do not land; aerodrome not available for landing 

Move clear of landing area 

-

(d)   Green flashes 

Return to aerodrome; wait to land 

To an aircraft:
You may move on the manoeuvring area and apron; 

-

 

 

To a vehicle:
You may move on the manoeuvring area 

 

(e)   Continuous green light 

You may land 

You may take off (not applicable to a vehicle) 

-

(f)   Continuous green light, or
Green flashes, or
Green pyrotechnic light

-

-

 

By night: May I land?


By day: May I land in direction different from that indicated by landing T?

(g)   White flashes 

Land at this aerodrome after receiving continuous green light, and then, after receiving green flashes, proceed to the apron 

Return to starting point on the aerodrome 

I am compelled to land 

(h)   White pyrotechnic lights
Switching on and off the navigation lights


   Switching on and off the landing lights

-

-

I am compelled to land

 

42.   Marshalling signals (from a marshaller to an aircraft)

 

   Each of the signals for the guidance of aircraft manoeuvring on or off the ground, described in the first column of Table B, subparagraphs (a) to (x) inclusive, shall, in Botswana, have the meaning set forth in the second column of that Table in relation to the description of the signal. By day any such signals shall be given by hand or by circular bats and by night torches or illuminated wands.

TABLE B
MEANING OF MARSHALLING SIGNALS

 

Description of Signal 

Meaning of Signal 

In Daylight 

By Night 

   (a)   Right or left arm down, the other arm moved across body and extended to indicate position of the other marshaller. 

Proceed under guidance of another marshaller 

 

 

   (b)   Arms repeatedly moved upward and backward, beckoning onward. 

Move ahead. 

 

 

   (c)   Right arm down, left arm repeatedly moved upward and backward. The speed of arm movement indicates the rate of turn. 

Open up starboard engine or turn to port. 

 

 

   (d)   Left arm down, the right arm repeatedly moved upward and backward. The speed of arm movement indicates the rate of turn. 

Open up port engine or turn to starboard. 

 

 

   (e)   Arms repeatedly crossed above the head. The speed of arm movement indicates the urgency of the stop. 

Stop. 

 

 

   (f)   A circular motion of the right hand at head level, with the left arm pointing to the appropriate engine. 

Start engines. 

 

 

   (g)   Arms extended, the palms facing inwards, then swung from the extended position inwards. 

Chocks inserted. 

 

 

   (h)   Arms down, the palms facing outwards, then swung outwards. 

Chocks away. 

 

 

   (j)   Either arm and hand placed level with the chest, then moved laterally with the palm downward. 

Cut engines. 

 

 

   (k)   Arms placed down, with the palms towards the ground, then moved up and down several times. 

Slow down. 

 

 

   (l)   Arms placed down, with palm towards the ground, then either the right or left arm moved, up and down indicating that the motors on the left or right side, as the case may be, should be slowed down. 

Slow down engines on indicated side. 

 

 

   (m)   Arms placed above the head in a vertical position. 

This bay. 

 

 

   (n)   The right arm raised at the elbow, with the arm facing forward. 

All clear: Marshalling finished. 

 

 

   (o)   Arms placed horizontally sideways. 

Hover. 

 

 

   (p)   Arms placed down and crossed in front of the body. 

Land. 

 

 

   (q)   Arms placed horizontally sideways with the palms up beckoning upwards. The speed of arm movement indicates the rate of ascent. 

Move upwards. 

 

 

   (r)   Arms placed horizontally sideways with the palms towards the ground beckoning downwards. The speed of arm movement indicates the rate of descent. 

Move downwards. 

 

 

   (s)   Either arm placed horizontally sideways, then the other arm moved in front of the body ti that side, in the direction of the movement, indicating that the helicopter should move horizontally to the left or right side, as the case may be, repeated several times. 

Move horizontally. 


 


 

   (t)   Arms placed down, the palms facing forward, then repeatedly swept up and down to shoulder level. 

Move back. 

 

 

   (u)   Left arm extended horizontally forward, then right arm making a horizontal slicing movement below left arm. 

Release load. 

 

 

   (v)   Raise arm, with fist clenched, horizontally in front of body, then extend fingers. 

Release brakes.

 

      Raise arms and hand, with fingers extended, horizontally in front of body, then clench fist. 

Engage brakes.

 

   (w)   Left hand overhead with the number of fingers extended, to indicate the number of the engine to be started, and circular motion of right hand at head level. 

Start engine(s).

 

   (x)   Point left arm down, move right arm down from overhead, vertical position to horizontal forward position, repeating right arm movement. 

Back aircraft's tail to starboard. 

 

 

      Point right arm down, move left arm down from overhead, vertical position to horizontal forward position, repeating left arm movement. 

Back aircraft's tail to port. 

 

43.   Marshalling Signals (from a pilot of an aircraft to a marshaller)

 

   The following signals made by a pilot in an aircraft to a marshaller on the ground shall respectively have the following meanings-

 

 

 

Description of Signal 

Meaning of Signal 

   (a)   Raise arm and hand with fingers extended horizontally in front of face, then clench fist


   (b)   Raise arm with fist clenched horizontally in front of face, then extend fingers


   (c)   Arms extended palms facing outwards, move hands inwards to cross in front of face


   (d)   Hands crossed in front of face, palms facing outwards, move arms outwards


   (e)   Raise the number of fingers on one hand indicating the number of the engine to be started. For this purpose the aircraft engines shall be numbered in relation to the marshaller facing the aircraft, from his right to his left, for example No. 1 engine shall be the port outer engine, No. 2 engine shall be the port inner engine, No. 3 engine shall be the starboard inner engine, and No. 4 engine shall be the starboard outer engine. 

Brakes engaged



Brakes released



Insert chocks



Remove chocks




Ready to start engines

 

44.   Distress, Urgency and Safety Signals

 

   (1) The following signals given either together or separately before the sending of a message, signify that an aircraft is threatened by grave and imminent danger and requests immediate assistance-

 

   (a)   by radiotelephone-the spoken word "MAYDAY";

 

   (b)   visual signalling-

 

      (i)   the signal SOS (... --- ...),

 

      (ii)   a succession of pyrotechnic lights fired at short intervals each showing a single red light,

 

      (iii)   a parachute flare showing a red light;

 

   (c)   by sound signalling other than radiotelephony-

 

      (i)   the signal SOS (... --- ...),

 

      (ii)   a continuous sounding with any sound apparatus.

 

   (2) The following signals, given either together or separately, before the sending of a message, signify that the commander of the aircraft wishes to give notice of difficulties which compel it to land but that he does not require immediate assistance-

 

   (a)   a succession of white pyrotechnic lights;

 

   (b)   the repeated switching on and off of the aircraft landing lights;

 

   (c)   the repeated switching on and off of its navigation lights, in such a manner as to be clearly distinguishable from the flashing navigation lights described in paragraph 11.

 

   (3) The following signals, given either together or separately, indicate that the commander of the aircraft has an urgent message to transmit concerning the safety of a ship, aircraft, vehicle or other property or of a person on board or within sight of the aircraft from which the signal is given-

 

   (a)   by radiotelephony-the spoken word "PAN";

 

   (b)   by visual signalling-the signal XXX (- .. -- .. -- .. -);

 

   (c)   by sound signalling other than radiotelephony-the signal XXX (- .. -- .. -- .. -).

 

45.   Warning Signals to Aircraft in Flight

 

   In Botswana the following signals shall respectively have the following meanings-

 

   (a)   (i)   by day-a series of projectiles discharged at intervals of 10 seconds, each showing on bursting black or white smoke; or

 

      (ii)   by night-a series of projectiles discharged at intervals of 10 seconds, each showing on bursting white lights or stars, or an intermittent white luminous beam directed at the aircraft,

 

      indicates that the aircraft to which the signal is directed is in the vicinity of such an area as is referred to in regulation 64(1)(c) and is required to change its course;

 

   (b)   by day or night, a series of projectiles discharged at intervals of 10 seconds, each showing on bursting green lights or stars, indicates that the aircraft requires to land at the nearest aerodrome in accordance with the provisions of regulation 64.

SECTION IX
Air Traffic Control

 

46.   Provision of Air Traffic Control Services

 

   (1) At every aerodrome (other than a Government aerodrome) which is provided with means of two-way radio communication with aircraft and is either situated in a control zone or is an aerodrome in respect of which the Director has given a direction to the proprietor or person in charge of the aerodrome requiring air traffic control service to be provided there, the person in charge of the aerodrome shall cause air traffic control service to be provided at all times when the aerodrome is open for the take-off and landing of aircraft.

 

   (2) At every aerodrome (other than a Government aerodrome) which is provided with means of two-way radio communication with aircraft and with equipment for providing holding aid, let-down aid or approach aid by radio or radar, the person in charge of the aerodrome shall inform the Director in advance of any period during which any of the said equipment will be in operation for the purpose of providing holding aid, let-down aid or approach aid and, without prejudice to subparagraph (1), cause air traffic control service to be provided at all times when the said equipment is notified as being in operation for any of those purposes

FIFTEENTH SCHEDULE
AIR NAVIGATION (GENERAL) RULES

 

1.   Load Sheets

 

   (1) Every load sheet required by regulation 28(4) shall contain the following particulars-

 

   (a)   the nationality mark of the aircraft to which the load sheet relates, and the registration mark assigned to that aircraft by the Director;

 

   (b)   particulars of the flight to which the load sheet relates;

 

   (c)   the total weight of the aircraft as loaded for that flight;

 

   (d)   the weights of the several items from which the total weight of the aircraft, as so loaded, has been calculated including in particular the weight of the aircraft prepared for service and the respective total weights of the crew (unless included in the weight of the aircraft prepared for service), passengers, baggage and cargo intended to be carried on the flight;

 

   (e)   the manner in which the load is distributed and the resulting position of the centre of gravity of the aircraft which may be given approximately if and to the extent that the relevant certificate of airworthiness so permits,

 

and shall include at the foot or end of the load sheet a certificate, signed by the person referred to in regulation 28(1) as responsible for the loading of the aircraft, that the aircraft has been loaded in accordance with the written instructions furnished to him by the operator of the aircraft pursuant to the said regulation.

 

   (2) For the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew in the load sheet shall be computed from the actual weight of each person and for that purpose each person shall be weighed separately:

 

   Provided that, in the case of an aircraft of which the maximum total weight authorized exceeds 5 700 kg, or which has a total seating capacity of 12 or more persons, the total weights of the passengers and crew may, subject to the provisions of paragraphs (4) and (5), be calculated at not less than the weights shown in Table 1 and the load sheet shall bear a notation to that effect-

TABLE 1

 

Males over 12 years of age ......................................... 

75 kg 

Females over 12 years of age ..................................... 

65 kg 

Children aged two years or more, but not over 12 years of age .... 

39 kg 

Infants under two years of age ................................... 

8 kg.

 

   (3) For the purpose of calculating the total weight of the aircraft the respective total weights of the baggage and cargo entered in the load sheet shall be computed from the actual weight of each piece of baggage, cargo or cargo container and for that purpose each piece or container shall be separately weighed:

 

   Provided that, in the case of an aeroplane of which the maximum total weight authorized exceeds 5 700 kg or which has a total seating capacity of 12 or more persons, the total weights of the baggage may, subject to the provisions of paragraphs (4) and (5), be calculated at not less than the weights shown in Table 2 and the load sheet shall bear a notation to that effect.

TABLE 2

 

Journey made by aeroplane:
scheduled journey 

Cabin baggage per passenger * 

Hold baggage per piece 

Domestic 

3 kg 

10 kg 

Intercontinental 

3 kg 

14 kg

 

   (4) If it appears to the person supervising the loading of the aircraft that any passenger or baggage to be carried exceeds the weights set out in Table 1 or Table 2 he shall, if he considers it necessary in the interests of the safety of the aircraft, or if the Director has so directed in the particular case, require any such person or baggage to be weighed for the purpose of the entry to be made in the load sheet.

 

   (5) If any person or baggage has been weighed pursuant to paragraph (4), the weights entered in the load sheet shall take account of the actual weight of that person or baggage, or of the weight determined in accordance with the respective proviso to subparagraph (2) or (3), whichever weight shall be the greater.

 

2.   Weight and Performance: General Provisions

 

   (1) The assessment of the ability of an aeroplane to comply with the requirements of rules 3 to 8 inclusive (relating to weight and performance) shall be based on the specified information as to its performance:

 

   Provided that, in the case of an aeroplane in respect of which there is in force under these Regulations a certificate of airworthiness which does not include a performance group classification, the assessment may be based on the best information available to the commander of the aircraft, insofar as the relevant information is not specified.

 

   (2) In assessing the ability of an aeroplane with Condition 11 in the Annex hereto, the provisions of paragraph 4(5) and (6) and the provisions of paragraph 8(5) and (6), account may be taken of any reduction of the weight of the aeroplane which may be achieved after the failure of a power unit by such jettisoning of fuel as is feasible and prudent in the circumstances of the flight and in accordance with the flight manual included in the certificate of airworthiness relating to the aircraft.

 

   (3) In this rule and rules 3 to 8 inclusive, and in the Annex hereto, unless the context otherwise requires-

 

   "specified", in relation to an aircraft, means specified in, or ascertainable by reference to-

 

   (a)   the certificate of airworthiness in force under these Regulations in respect of that aircraft; or

 

   (b)   the flight manual or performance schedule included in that certificate or other document, whatever its title, incorporated by reference in that certificate;

 

   "the emergency distance available" means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without risk of accident;

 

   "the landing distance available" means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane;

 

   "the take-off distance available" means either the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest obstacle in the direction of take-off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane or one-and-one-half times the take-off run available, whichever is the less;

 

   "the take-off run available" means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions.

 

   (4) For the purposes of this rule and rules 3 to 8 inclusive, and of the Annex hereto-

 

   (a)   the weight of the aeroplane at the commencement of the take-off run shall be taken to be its gross weight including everything and everyone carried in or on it at the commencement of the take-off run;

 

   (b)   the landing weight of the aeroplane shall be taken to be the weight of the aeroplane at the estimated time of landing allowing for the weight of the fuel and oil expected to be used on the flight to the aerodrome at which it is intended to land or alternate aerodrome, as the case may be;

 

   (c)   where any distance referred to in paragraph (3) has been declared in respect of any aerodrome by the authority responsible for regulating air navigation over the territory of the contracting State in which the aerodrome is situate, and in the case of an aerodrome in Botswana, notified, that distance shall be deemed to be the relevant distance.

 

   (5) Nothing in this rule and rules 3 to 8 inclusive shall apply to any aircraft flying solely for the purpose of training persons to perform duties in aircraft.

 

3.   Weight and Performance of Public Transport Aeroplanes having no Performance Group Classification in their Certificates of Airworthiness

 

   With reference to regulation 29(1) an aeroplane registered in Botswana in respect of which there is in force under these Regulations a certificate of airworthiness which does not include a performance group classification shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off run is such that such of the conditions in the Annex hereto as apply to that aircraft are satisfied.

 

4.   Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group A in their Certificates of Airworthiness

 

   (1) With reference to regulation 29(1) an aeroplane registered in Botswana in respect of which there is in force under these Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group A shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied-

 

   (a)   that weight does not exceed the maximum take-off weight for altitude and temperature specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made;

 

   (b)   the take-off run, take-off distance and the emergency distance respectively required for take-off, specified as being appropriate to-

 

      (i)   the weight of the aeroplane at the commencement of the take-off run;

 

      (ii)   the altitude at the aerodrome;

 

      (iii)   the air temperature at the aerodrome;

 

      (iv)   the condition of the surface of the runway from which the take-off will be made;

 

      (v)   the slope of the surface of the aerodrome in the direction of take-off over the take-off run available, the take-off distance available and the emergency distance available, respectively; and

 

      (vi)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off;

 

      do not exceed the take-off run, the take-off distance and the emergency distance available respectively at the aerodrome at which the take-off is to be made; in ascertaining the emergency distance required, the point at which the pilot is assumed to decide to discontinue the take-off shall not be nearer to the start of the take-off than the point at which, in ascertaining the take-off run required and the take-off distance required, he is assumed to decide to continue the take-off, in the event of power unit failure.

 

   (2) The net take-off flight path with one power unit inoperative, specified as being appropriate to-

 

   (a)   the weight of the aeroplane at the commencement of the take-off run;

 

   (b)   the altitude at the aerodrome;

 

   (c)   the air temperature at the aerodrome; and

 

   (d)   not more than 40 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off,

 

and plotted from a point 35 feet or 50 feet, as appropriate, above the end of the take-off distance required at the aerodrome at which the take-off is to be made to a height of 1 500 feet above the aerodrome, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet; and if it is intended that the aeroplane shall change its direction of flight by more than 15° the vertical interval shall not be less than 50 feet during the change of direction.

 

   (3) For the purposes of paragraph (2) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed-

 

   (a)   a distance of 60 m plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available measured along the intended line of flight of the aeroplane; or

 

   (b)   1500 m,

 

whichever is the less.

 

   (4) In assessing the ability of the aeroplane to satisfy this paragraph, it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

 

   (5) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of continuing the flight, clearing by a vertical interval of at least 2 000 feet obstacles within 10 nautical miles either side of the intended track, to an aerodrome at which it can comply with paragraphs (8) and (9) relating to an alternate aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with one power unit inoperative shall not be less than zero at 1 500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting:

 

   Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of five nautical miles, the foregoing provisions of this paragraph shall have effect as if five nautical miles were substituted for 10 nautical miles.

 

   (6) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any two lower units becoming inoperative at any point along the route or on any planned diversion therefrom more than 90 minutes flying time in still air at the all power units operating economical cruising speed from the nearest aerodrome at which it can comply with paragraphs (8) and (9), relating to an alternate aerodrome, be capable of continuing the flight with all other power units operating within the specified maximum continuous power conditions, clearing by a vertical interval of at least 2 000 feet obstacles within 10 nautical miles either side of the intended track to such an aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with two power units inoperative shall not be less than zero at 1 500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the maximum permissible altitude for power unit restarting:

 

   Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of five nautical miles, the foregoing provisions of this paragraph shall have effect as if five nautical miles were substituted for 10 nautical miles.

 

   (7) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

   (8) The landing distances required, respectively specified as being appropriate to aerodromes of destination and alternate aerodromes, do not exceed at the aerodromes at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on-

 

   (a)   the most suitable runway for a landing in still air conditions; and

 

   (b)   the runway which may be required for landing because of the forecast wind conditions:

 

   Provided that if an alternate aerodrome is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination.

 

   (9) For the purposes of paragraph (8) the landing distance required shall be that specified as being appropriate to-

 

   (a)   the landing weight;

 

   (b)   the altitude at the aerodrome;

 

   (c)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;

 

   (d)   a level surface in the case of runways usable in both directions;

 

   (e)   the average slope of the runway in the case of runways usable in only one direction;

 

   (f)   still air conditions in the case of the most suitable runway for a landing in still air conditions;

 

   (g)   not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent of the forecast wind component in the direction of landing in the case of the runway which may be required for landing because of the forecast wind conditions.

 

5.   Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group C in their Certificate of Airworthiness

 

   (1) With reference to regulation 29(1) an aeroplane registered in Botswana in respect of which there is in force under these Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group C shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied-

 

   (a)   that weight does not exceed the maximum take-off weight specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made;

 

   (b)   the take-off run required and the take-off distance required, specified as being appropriate to-

 

      (i)   the weight of the aeroplane at the commencement of the take-off run;

 

      (ii)   the altitude of the aerodrome;

 

      (iii)   the air temperature at the aerodrome;

 

      (iv)   the average slope of the surface of the aerodrome in the direction of take-off over the emergency distance available; and

 

      (v)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off;

 

      do not exceed the take-off run available and the emergency distance available respectively at the aerodrome at which the take-off is to be made.

 

   (2) Subject to paragraphs (5), (6) and (7), the net take-off flight path with all power units operating specified as being appropriate to-

 

   (a)   the weight of the aeroplane at the commencement of the take-off run;

 

   (b)   the altitude of the aerodrome;

 

   (c)   the air temperature at the aerodrome;

 

   (d)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off,

 

and plotted from a point 50 feet above the end of the take-off distance required at the aerodrome at which the take-off is to be made to a height of 1 500 feet above the aerodrome shows that the aeroplane will clear any obstacle in its path by a vertical interval of not less than 35 feet; and if it is intended that the aeroplane shall change its direction of flight by more than 15° before reaching the vertical 1 500 feet the interval shall be not less than 50 feet while the aircraft is changing direction.

 

   (3) For the purposes of paragraph (2) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 75 metres.

 

   (4) In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

 

   (5) In the case of an aeroplane which is intended to be flown for any period before reaching a height of 1 500 feet above the aerodrome from which the take-off is to be made in conditions which will not ensure that any obstacles can be located by means of visual observation, the net take-off flight path with one power unit inoperative specified as being appropriate to the factors contained in subparagraphs (a) to (d) of paragraph (2), and plotted from the point on the net take-off flight path with all power units operating specified as being appropriate to those factors at which in the meteorological conditions expected for the flight the loss of visual reference would occur, shows that the aeroplane will clear by a vertical interval of not less than 35 feet any obstacle in its path; and if it is intended that the aeroplane shall change its direction of flight by more than 15° the vertical interval shall not be less than 50 feet during the change of direction.

 

   (6) For the purposes of paragraph (5) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed-

 

   (a)   75 metres plus one-eighth of the distance from such point to the end of the emergency distance available measured along the intended line of flight of the aeroplane; or

 

   (b)   1 500 metres,

 

whichever is the less.

 

   (7) In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

 

   (8) The aeroplane at any time after it reaches a height of 1 500 feet above the aerodrome from which the take-off is made will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operations manual relating to the aeroplane to a point 1 500 feet above an aerodrome at which a safe landing can be made and after arrival at that point be capable of maintaining that height:

 

   Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling, with all power units operating, specified as being appropriate to its estimated weight at that point.

 

   (9) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

   (10) Subject to paragraph (11), the distance required by the aeroplane to land from a height of 50 feet otherwise than in accordance with specified data for short field landing does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 percent of the landing distance available on the most suitable runway for a landing in still air conditions, and on the runway that may be required for landing, because of the forecast wind conditions; and for the purposes of this condition the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to-

 

   (a)   the landing weight;

 

   (b)   the altitude at the aerodrome;

 

   (c)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;

 

   (d)   the level surface in the case of runways usable in both directions;

 

   (e)   the average slope of the runway in the case of runways usable in one direction;

 

   (f)   still air conditions in the case of the most suitable runway for landing in still air conditions;

 

   (g)   not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent of the forecast wind component in the direction of landing in the case of the runway which may be required for landing because of the forecast wind conditions.

 

   (11) As an alternative to paragraph (10), the distance required by the aeroplane, with all power units operating and with one power unit inoperative, to land in accordance with specified data for short field landing, does not at the aerodrome of intended destination and at any alternate aerodrome exceed the landing distance available on the most suitable runway for a landing in still air conditions and on the runway which may be required for landing because of the forecast wind conditions; and for the purposes of this paragraph the distance required to land from the appropriate heights shall be taken to be that specified as being appropriate to the factors set forth in subparagraphs (a) to (g) of paragraph (10) and the appropriate height shall be-

 

   (a)   for a landing with all power units operating, any height between 30 and 50 feet in Botswana, and 50 feet elsewhere; and

 

   (b)   for a landing with one power unit inoperative, 50 feet in Botswana and elsewhere:

 

   Provided that-

 

   (i)   if the specified distance required to land with one power unit inoperative from a height of 50 feet at the aerodrome of intended destination exceeds the landing distance available, it shall be sufficient compliance with subparagraph (b) if an alternate aerodrome which has available the specified landing distance required to land with one power unit inoperative from such a height is designated in the flight plan;

 

   (ii)   the distance required by the aeroplane to land shall be determined in accordance with paragraph (10) and not in accordance with this paragraph if it is intended to land at night, or when the cloud ceiling or ground visibility forecast for the estimated time of landing at the aerodrome of intended destination and at any alternate aerodrome at which it is intended to land in accordance with specified data for short field landing with all power units operating, are less than 500 feet and one nautical mile respectively.

 

6.   Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group D in their Certificate of Airworthiness

 

   (1) With reference to regulation 29(1) an aeroplane registered in Botswana in respect of which there is in force under these Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group D shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1 000 feet and one nautical mile respectively and shall not fly for the purpose of public transport at any other time unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied-

 

   (a)   that weight does not exceed the maximum take-off weight specified for the altitude and air temperature at the aerodrome at which the take-off is to be made;

 

   (b)   the take-off run required and the take-off distance required specified as being appropriate to-

 

      (i)   the weight of the aeroplane at the commencement of the take-off run;

 

      (ii)   the altitude of the aerodrome;

 

      (iii)   the air temperature at the aerodrome;

 

      (iv)   the average slope of the surface of the aerodrome in the direction of take-off over the emergency distance available; and

 

      (v)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off;

 

      do not exceed the take-off run available and the emergency distance available respectively at the aerodrome at which the take-off is to be made.

 

   (2) The net take-off flight path with all power units operating, specified as being appropriate to-

 

   (a)   the weight of the aeroplane at the commencement of the take-off run;

 

   (b)   the altitude at the aerodrome;

 

   (c)   the air temperature at the aerodrome; and

 

   (d)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off,

 

and plotted from a point 50 feet above the end of the take-off distance required at the aerodrome at which the take-off is to be made to the point at which the aeroplane reaches a height of 1 000 feet above the aerodrome shows that the aeroplane will clear any obstacle in its path by a vertical interval of not less than 35 feet, except that if it is intended that the aeroplane shall change its direction of flight by more than 15° before reaching 1 000 feet the vertical interval shall be not less than 50 feet while the aircraft is changing direction.

 

   (3) For the purposes of paragraph (2) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 75 metres.

 

   (4) In assessing the ability of the aeroplane to satisfy this paragraph it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.

 

   (5) The aeroplane, at any time after it reaches a height of 1 000 feet above the aerodrome from which take-off is to be made, will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units, if any, operating within the maximum specified continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitudes for safe flight stated in, or calculated from the information contained in, the operations manual relating to the aeroplane to a point 1 000 feet above a place at which a safe landing can be made:

 

   Provided that in assessing the ability of the aeroplane to satisfy this paragraph it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling with all power units operating specified as being appropriate to its estimated weight at that point.

 

   (6) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

   (7) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 percent of the landing distance available on the most suitable runway for a landing in still air conditions, and on the runway that may be required for landing because of the forecast wind conditions; and for the purposes of runway which may be required for this paragraph the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to-

 

   (a)   the landing weight;

 

   (b)   the altitude at the aerodrome;

 

   (c)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;

 

   (d)   a level surface in the case of runways usable in both directions;

 

   (e)   the average slope of the runway in the case of runways usable in only one direction;

 

   (f)   still air conditions in the case of the most suitable runway for a landing in still air conditions;

 

   (g)   not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent of the forecast wind component in the direction of landing in the case of the runway which may be required for landing because of the forecast wind conditions.

 

7.   Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group E in their Certificates of Airworthiness

 

   (1) With reference to regulation 29(1) an aeroplane registered in Botswana in respect of which there is in force under these Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group E shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied-

 

   (a)   that weight for the altitude and the air temperature at the aerodrome at which the take-off is to be made does not exceed the maximum take-off weight specified as being appropriate to-

 

      (i)   the weight at which the aeroplane is capable in the en route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and

 

      (ii)   the weight at which the aeroplane is capable, in the en route configuration and if it is necessary for it to be flown solely by reference to instruments for any period before reaching the minimum altitude for safe flight on the first stage of the route to be flown, stated in, or calculated from the information contained in, the operations manual relating to the aeroplane and, with one power unit inoperative, of a rate of climb of 150 feet per minute;

 

   (b)   the distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of 1,33 does not exceed the emergency distance available at the aerodrome at which the take-off is to be made. The distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to-

 

      (i)   the weight of the aeroplane at the commencement of the take-off run;

 

      (ii)   the altitude at the aerodrome;

 

      (iii)   the air temperature at the aerodrome; and

 

      (iv)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off;

 

   (c)   the aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units, if any, operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operations manual to a point 1 000 feet above a place at which a safe landing can be made:

 

         Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route or on any planned diversion therefrom at an altitude exceeding that at which it is capable of a rate of climb with all power units operating within the maximum continuous power conditions specified of 150 feet per minute and if it is necessary for it to be flown solely by reference to instruments be capable, with one power unit inoperative, of a rate of climb of 100 feet per minute;

 

   (d)   the landing weight of the aeroplane for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome will not exceed the maximum landing weight specified-

 

      (i)   at which the aeroplane is capable, in the en route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and

 

      (ii)   at which the aeroplane is capable in the en route configuration and if it is necessary for it to be flown solely by reference to instruments for any period after leaving the minimum altitude for safe flight on the last stage of the route to be flown, stated in, or calculated from, the information contained in the operations manual relating to the aeroplane and with one power unit inoperative, of a rate of climb of 150 feet per minute;

 

   (e)   the landing distance required does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 percent of the landing distance available on the most suitable runway for a landing in still air conditions, and for the purposes of this paragraph the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to-

 

      (i)   the landing weight;

 

      (ii)   the altitude at the aerodrome; and

 

      (iii)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome.

 

   (2) An aeroplane designed as aforesaid as an aeroplane of performance group E shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1 000 feet and one nautical mile respectively:

 

   Provided that the foregoing prohibition shall not apply if the aeroplane is capable, in the en route configuration and with one power unit inoperative, of a rate of climb of 150 feet per minute.

 

8.   Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group X in their Certificates of Airworthiness

 

   (1) With reference to regulation 29(1) an aeroplane in respect of which there is in force under these Regulations a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied-

 

   (a)   that weight does not exceed the maximum take-off weight specified for the altitude at the aerodrome at which the take-off is to be made, or for the altitude and the air temperature at such aerodrome, as the case may be;

 

   (b)   the minimum effective take-off runway length required, specified as being appropriate to-

 

      (i)   the weight of the aeroplane at the commencement of the take-off run;

 

      (ii)   the altitude at the aerodrome;

 

      (iii)   the air temperature at the time of take-off;

 

      (iv)   the condition of the surface of the runway from which the take-off will be made;

 

      (v)   the overall slope of the take-off run available; and

 

      (vi)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off;

 

      does not exceed the take-off run available at the aerodrome at which the take-off is to be made;

 

   (c)   the take-off flight path with one power unit inoperative, specified as being appropriate to-

 

      (i)   the weight of the aeroplane at the commencement of the take-off run;

 

      (ii)   the altitude at the aerodrome; and

 

      (iii)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off,

 

      and plotted from a point 50 feet above the end of the minimum effective take-off runway length required at the aerodrome at which the take-off is to be made, shows that the aeroplane will thereafter clear any obstacle in its path by a vertical interval of not less than the greater of 50 feet or 35 feet plus one-hundredth of the distance from the point on the ground below the intended line of flight of the aeroplane nearest to the obstacle to the end of the take-off distance available, measured along the intended line of flight of the aeroplane.

 

   (2) For the purposes of paragraph (1)(c) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed-

 

   (a)   a distance of 60 m plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available measured along the intended line of flight; or

 

   (b)   1 500 m,

 

whichever is the less.

 

   (3) In assessing the ability of the aeroplane to satisfy this paragraph, insofar as it relates to flight path, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn corresponding to an angle of bank of 15°.

 

   (4) Subject to paragraphs (5) and (6), the weight of the aeroplane at any point on the route or any planned diversion therefrom, having regard to the fuel and oil expected to be consumed up to that point, shall be such that the aeroplane, with one power unit inoperative and the other power unit or units operating within the maximum continuous power conditions specified, will be capable of a rate of climb of at least K (Vso/100)2 feet per minute at an altitude not less than the minimum altitude for safe flight stated in or calculated from the information contained in the operations manual, where Vso is in knots and K has the value of 797-1060/N, N being the number of power units installed.

 

   (5) The aeroplane may, as an alternative to paragraph (4), be flown at an altitude from which, in the event of failure of one power unit, it is capable of reaching an aerodrome where a landing can be made in accordance with paragraph (8) relating to an alternate aerodrome. In that case the weight of an aeroplane shall be such that, with the remaining power unit or units operating within the maximum continuous power conditions specified, it is capable of maintaining a minimum altitude on the route to such aerodrome of 2 000 feet above all obstacles within 10 nautical miles on either side of the intended track:

 

   Provided that where the operator of the aeroplane is satisfied, taking into account the navigation aids which can be made use of by the aeroplane on the route, that the commander of the aeroplane will be able to maintain his intended track on that route within a margin of five nautical miles, the foregoing provisions of this paragraph shall have effect as if five nautical miles were substituted therein for 10 nautical miles and-

 

   (a)   the rate of climb, specified for the appropriate weight and altitude, used in calculating the flight path shall be reduced by an amount equal to K (Vso/100)2 feet per minute;

 

   (b)   the aeroplane shall comply with the climb requirements of paragraph (4) at 1 000 feet above the chosen aerodrome;

 

   (c)   account shall be taken of the effect of wind and temperature on the flight path; and

 

   (d)   the weight of the aeroplane may be assumed to be progressively reduced by normal consumption of fuel and oil.

 

   (6) An aeroplane having four power units shall, if any two power units become inoperative at any point along the route or any planned diversion therefrom, being a point more than 90 minutes flying time (assuming all power units to be operating) from the nearest aerodrome at which a landing can be made in compliance with paragraph (8) relating to an alternate aerodrome, be capable of continuing the flight at an altitude of not less than 1 000 feet above ground level to a point above that aerodrome. In assessing the ability of the aeroplane to satisfy this paragraph, it shall be assumed that the remaining power units will operate within the specified maximum continuous power conditions, and account shall be taken of the temperature and wind condition expected for the flight.

 

   (7) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

   (8) The required landing runway lengths respectively specified as being appropriate to the aerodromes of intended destination and the alternate aerodromes do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on-

 

   (a)   the most suitable runway for landing in still air conditions; and

 

   (b)   the runway which may be required for landing because of the forecast wind conditions,

 

the required landing runway lengths being taken to be those specified as being appropriate to-

 

   (i)   the landing weight;

 

   (ii)   the altitude at the aerodrome;

 

   (iii)   still air conditions in the case of the most suitable runway for a landing in still air conditions; and

 

   (iv)   not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent of the forecast wind component in the direction of landing in the case of the runway which may be required for landing because of the forecast wind conditions.

 

9.   Noise and Vibration Caused by Aircraft on Aerodromes

 

   With reference to regulation 73 the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft shall be as follows, that is to say that, whether in the course of the manufacture of the aircraft or otherwise-

 

   (a)   the aircraft is taking-off or landing;

 

   (b)   the aircraft is moving on the ground or water; or

 

   (c)   the engines are being operated in the aircraft-

 

      (i)   for the purpose of ensuring their satisfactory performance;

 

      (ii)   for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or

 

      (iii)   for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.

 

10.   Aeroplanes Flying for the Purpose of Public Transport of Passengers - Aerodrome Facilities for Approach to Landing and Landing

 

   (1) This rule shall apply to every aeroplane registered in Botswana engaging on a flight for the purpose of public transport of passengers on a scheduled journey and to every aeroplane so registered whose maximum total weight authorized exceeds 5 700 kg engaging on such a flight otherwise than on a scheduled journey.

 

   (2) For the purposes of regulation 27(1)(c), the following manning and equipment are prescribed in relation to aerodromes intended to be used for landing or as an alternate aerodrome by aircraft to which this rule applies-

 

   (a)   air traffic control service, including the reporting to aircraft of the current meteorological conditions at the aerodrome;

 

   (b)   very high frequency radiotelephony;

 

   (c)   at least one of the following radio navigational aids, either at the aerodrome or elsewhere, and in either case for the purpose of assisting the pilot in locating the aerodrome and in making an approach to landing there -

 

      (i)   radio direction finding equipment utilizing emissions in the very high frequency bands;

 

      (ii)   a non-directional radio beacon transmitting signals in the low or medium frequency bands;

 

      (iii)   very high frequency omni-directional radio range;

 

      (iv)   radio navigation land stations forming part of the Decca radio navigation system;

 

      (v)   radar equipment.

 

   (3) It shall be sufficient if the equipment specified in paragraph (2)(c) is provided, even if for the time being it is not in operation.

 

   (4) An aircraft to which this rule applies shall not land or make an approach to landing at any aerodrome unless services and equipment in accordance with paragraph (2) are provided and are in operation at that aerodrome, and can be made use of by that aircraft, and, in the case of the navigation aid specified in paragraph (2)(c), instructions and procedures for the use of the aid are included in the operations manual.

 

   (5) A person shall be deemed not to have contravened the provisions of paragraph (4) if he proves that-

 

   (a)   for the time being use could not be made of the radio navigation aids provided under paragraph (2)(c) whether by reason of those aids not being in operation or of the unserviceability of equipment in the aircraft itself; and

 

   (b)   the approach to landing was made in accordance with instructions and procedures appropriate to that circumstance and included in the operations manual.

 

   (6) An aircraft to which this rule applies shall be equipped with the equipment necessary to enable use to be made of at least one of the navigation aids specified in paragraph (2)(c) and in use for landing at the aerodrome, and in particular the equipment for use with the radio navigation land stations referred to in paragraph (2)(c)(iv) shall include a flight log designed to operate with that equipment and to display on a chart to the pilot at the controls of the aircraft a continuous and instantaneous pictorial plot of the path of the aircraft. Nothing in this paragraph shall require the duplication of any equipment carried in pursuance of any other provision of regulation 27.

 

11.   Pilot Maintenance - Specified Repairs or Replacements

 

   With reference to regulation 11(2) the following repairs or replacements are hereby specified:

 

   (1)   Replacement of landing gear tyres, landing skids or skid shoes.

 

   (2)   Replacement of elastic shock absorber cord units on landing gear where special tools are not required.

 

   (3)   Replacement of defective safety wiring or split pins excluding those in engine, transmission, flight control and rotor systems.

 

   (4)   Patch-repairs to fabric not requiring rib stitching or the removal of structural parts or control surfaces, if the repairs do not cover up structural damage and do not include repairs to rotor blades.

 

   (5)   Repairs to upholstery and decorative furnishing of the cabin or cockpit interior when repair does not require dismantling of any structure or operating system or interfere with an operating system or affect the structure of the aircraft.

 

   (6)   Repairs, not requiring welding, to fairings, non-structural cover plates and cowlings.

 

   (7)   Replacement of side windows where that work does not interfere with the structure or with any operating system.

 

   (8)   Replacement of safety belts or safety harness.

 

   (9)   Replacement of seats or seat parts not involving dismantling of any structure or of any operating system.

 

   (10)   Replacement of bulbs, reflectors, glasses, lenses or lights.

 

   (11)   Replacement of any cowling not requiring removal of the propeller, rotors or disconnection of engine or flight controls.

 

   (12)   Replacement of unserviceable sparking plugs.

 

   (13)   Replacement of batteries.

 

   (14)   Replacement of wings and tail surfaces and controls, the attachments of which are designed to provide for assembly immediately before such flight and dismantling after each flight.

 

   (15)   Replacement of main rotor blades which are designed for removal where special tools are not required.

 

   (16)   Replacement of generator and fan belts designed for removal where special tools are not required.

 

12.   Mandatory Reporting - Specified Reportable Occurrences, Time and Manner of Reporting and Information to be Reported

 

   (1) With reference to regulation 78(1), the following reportable occurrences are specified, that is to say those-

 

   (a)   involving damage to an aircraft;

 

   (b)   involving injury to a person;

 

   (c)   involving the impairment during a flight of the capacity of a member of the flight crew of an aircraft to undertake the functions to which his licence relates;

 

   (d)   involving the use in flight of any procedures taken for the purpose of overcoming an emergency;

 

   (e)   involving the failure of an aircraft system or of any equipment of an aircraft;

 

   (f)   arising from the control of an aircraft in flight by its flight crew;

 

   (g)   arising from failure or inadequacy of facilities or services on the ground used or intended to be used for purposes of or in connection with the operation of aircraft;

 

   (h)   arising from the loading or the carriage of passengers, cargo (including mail) or fuel,

 

and those which are not referred to in subparagraphs (a) to (h) but which, in the opinion of a person referred to in subparagraphs (a) to (e) of regulation 78(1), constitute an occurrence endangering, or which if not corrected would endanger, the safety of an aircraft, its occupants or any other person.

 

   (2) For the purposes of this rule, an aircraft system includes the flight control, power plant, fuel, hydraulic, pneumatic, pressurization, electrical, navigation and any other system of the aircraft.

 

   (3) With reference to regulation 78(1) a report containing the information referred to in paragraph (4) shall be despatched in writing and by the quickest available means to the Director within 96 hours of the reportable occurrence coming to the knowledge of the person making the report:

 

   Provided that if at that time any of the said information is not in the possession of that person he shall dispatch that information to the Director in writing and by the quickest available means within 96 hours of its coming into his possession.

 

   (4) With reference to regulation 78(1), a report shall, as far as possible, contain the following information-

 

   (a)   the type, series and registration marks of the aircraft concerned;

 

   (b)   the name of the operator of the aircraft;

 

   (c)   the date of the reportable occurrence;

 

   (d)   if the person making the report has instituted an investigation into the reportable occurrence, whether or not this has been completed;

 

   (e)   a description of the reportable occurrence, including its effects and any other relevant information;

 

   (f)   in the case of a reportable occurrence which occurs during flight-

 

      (i)   the Greenwich Mean Time of the occurrence,

 

      (ii)   the last point of departure and the next point of intended landing of the aircraft at that time,

 

      (iii)   the geographical position of the aircraft at that time;

 

   (g)   in the case of a defect in or malfunctioning of an aircraft or any part or equipment of an aircraft, the name of the manufacturer of the aircraft, part or equipment, as the case may be, and, where appropriate, the part number and modification standard of the part or equipment and its location on the aircraft;

 

   (h)   the signature and name in block capitals of the person making the report, the name of his employer and the capacity in which he acts for that employer; and

 

   (i)   in the case of a report made by the commander of an aircraft or a person referred to in subparagraph (c) or (d) of regulation 78(1), the address or telephone number at which communications should be made to him, if different from that of his place of employment.

ANNEX TO FIFTEENTH SCHEDULE
WEIGHT AND PERFORMANCE OF PUBLIC TRANSPORT AEROPLANES HAVING NO PERFORMANCE GROUP CLASSIFICATION IN THEIR CERTIFICATES OF AIRWORTHINESS

 

   Conditions (1) and (2) of this Annex apply to all aeroplanes to which rule 3 applies.


   Conditions (3) to (15) of this Annex apply to all aeroplanes to which rule 3 applies-


   (a)   of which the specified maximum total weight authorized exceeds 5 700 kg; or


   (b)   of which the specified maximum total weight authorized does not exceed 5 700 kg and which comply with neither condition (1)(a) nor condition (1)(b).


   Conditions (17) to (27) inclusive of this Annex apply to all aeroplanes to which rule 3 applies of which the specified maximum total weight authorized does not exceed 5 700 kg, and which comply with condition (1)(a) or condition (1)(b) or with both those conditions.


All aeroplanes


   (1) Either-


   (a)   the wing loading of the aeroplane does not exceed 20 lb per square foot;


   (b)   the stalling speed of the aeroplane in the landing configuration does not exceed 60 knots; or


   (c)   the aeroplane, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, is capable of a gradient of climb of at least one in 200 at an altitude of 5 000 feet in the specified international standard atmosphere.


   (2) The weight of the aeroplane at the commencement of the take-off run does not exceed the maximum take-off weight, if any, specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made.


Aeroplanes of a specified maximum total weight authorized exceeding 5 700 kg and aeroplanes of a specified maximum total weight authorized not exceeding 5 700 kg which comply with neither condition (1)(a) nor condition (1)(b)


   (3) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified does not exceed the take-off run available at the aerodrome at which the take-off is to be made.


   (4) The distance required by the aeroplane to attain a height of 50 feet with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of either 1,33 for aeroplanes having two power units or by a factor of 1,18 for aeroplanes having four power units, does not exceed the emergency distance available at the aerodrome at which the take-off is to be made.


   (5) For the purposes of conditions (3) and (4) the distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to-


   (a)   the weight of the aeroplane at the commencement of the take-off run;


   (b)   the altitude at the aerodrome;


   (c)   the air temperature at the aerodrome;


   (d)   the condition of the surface of the runway from which the take-off will be made;


   (e)   the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance available respectively; and


   (f)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off.


   (6) The take-off flight path with one power unit inoperative and the remaining power unit or units operating within the maximum take-off power conditions specified appropriate to-


   (a)   the weight of the aeroplane at the commencement of the take-off run;


   (b)   the altitude at the aerodrome;


   (c)   the air temperature at the aerodrome; and


   (d)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off,


and plotted from a point 50 feet above the end of the appropriate factored distance required for take-off under condition (4) at the aerodrome at which the take-off is to be made, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet except that if it is intended that an aeroplane shall change its direction by more than 15° the vertical interval shall be not less than 50 feet during the change of direction.


   (7) For the purposes of condition (6) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed-


   (a)   a distance of 60 m plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available, measured along the intended line of flight; or


   (b)   1500 m,


whichever is the less.


   (8) In assessing the ability of the aeroplane to satisfy conditions (6) and (7) it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15°.


   (9) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of continuing the flight clearing obstacles within 10 nautical miles either side of the intended track by a vertical interval of at least-


   (a)   1 000 feet when the gradient of the flight path is not less than zero; or


   (b)   2 000 feet when the gradient of the flight path is less than zero,


to an aerodrome at which it can comply with condition (13), and on arrival over such aerodrome the flight path shall have a gradient of not less than zero at 1 500 feet above the aerodrome. For the purposes of this condition the gradient of climb of the aeroplane shall be taken to be one percent less than that specified.


   (10) The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or on any planned diversion therefrom be capable of climbing at a gradient of at least one in 50, with all power units operating within the maximum continuous power conditions, specified at the following altitudes-


   (a)   the minimum altitudes for safe flight on each stage of the route to be flown or of any planned diversion therefrom specified in, or calculated from the information contained in, the operations manual relating to the aeroplane; and


   (b)   the minimum altitudes necessary for compliance with conditions (9) and (11), as appropriate.


   (11) If on the route to be flown or any planned diversion therefrom, the aeroplane will be engaged in a flight over water during which at any point it may be more than 90 minutes flying time in still air from the nearest shore, it will in the event of two power units becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified be capable of continuing the flight having regard to the meteorological conditions expected for the flight, clearing all obstacles within 10 nautical miles either side of the intended track by a vertical interval of at least 1 000 feet, to an aerodrome at which a safe landing can be made.


   (12) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.


   (13) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land, exceed 60 percent of the landing distance available on-


   (a)   the most suitable runway for a landing in still air conditions; and


   (b)   the runway which may be required for landing because of the forecast wind conditions:


   Provided that if an alternate aerodrome is designated in the flight plan the landing distance required at the aerodrome at which it is intended to land shall not exceed 70 percent of that available on the runway.


   (14) For the purposes of condition (13) the distance required to land from a height of 50 feet shall be taken to be that appropriate to-


   (a)   the landing weight;


   (b)   the altitude at the aerodrome;


   (c)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;


   (d)   a level surface in the case of runways usable in both directions;


   (e)   the average slope of the runway in the case of runways usable in only one direction;


   (f)   still air conditions in the case of the most suitable runway for a landing in still air conditions; and


   (g)   not more than 50 percent of the forecast wind component


opposite to the direction of landing or not less than 150 percent of the forecast wind component in the direction of landing in the case of the runway which may be required for landing because of the forecast wind conditions.


   (15) The distance required by the aeroplane to land from a height of 50 feet does not, at any alternate aerodrome, exceed 70 percent of the landing distance available on-


   (a)   the most suitable runway for a landing in still air conditions; and


   (b)   the runway which may be required for landing because of the forecast wind conditions.


   (16) For the purposes of condition 15 the distance required to land from a height of 50 feet shall be determined in the manner provided in conditions (13) and (14).


Aeroplanes of a specified maximum total weight authorized not exceeding 5 700 kg and which comply with either condition (1)(a) or condition (1)(b), or with both these conditions


   (17) If the aeroplane is engaged in a flight at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome of destination or at any alternate aerodrome are less than 1 000 feet and one nautical mile respectively, it will, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least one in 200 at an altitude of 2 500 feet in the specified international standard atmosphere.


   (18) The distance required by the aeroplane to attain a height of 50 feet with all power units operating within the maximum take-off power conditions specified does not exceed the take-off run available at the aerodrome at which the take-off is to be made.


   (19) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of 1,33 does not exceed the emergency distance available at the aerodrome at which the take-off is to be made.


   (20) For the purposes of conditions (18) and (19) the distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to-


   (a)   the weight of the aeroplane at the commencement of the take-off run;


   (b)   the altitude at the aerodrome;


   (c)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome or, if greater, the air temperature at the aerodrome less 15°C;


   (d)   the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance available respectively; and


   (e)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of take-off.


   (21) The take-off flight path, with all power units operating within the maximum take-off power conditions specified, appropriate to-


   (a)   the weight of the aeroplane at the commencement of the take-off run;


   (b)   the altitude at the aerodrome;


   (c)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome or, if greater, the air temperature at the aerodrome less 15°C; and


   (d)   not more than 50 percent of the reported wind component opposite to the direction of take-off or not less than 150 percent of the reported wind component in the direction of,


and plotted from a point 50 feet above the end of the factored distance required for take-off under condition (19) at the aerodrome at which the take-off is to be made shows that the aeroplane will clear any obstacle lying within 60 m plus half the wing span of the aeroplane on either side of its path by a vertical interval of at least 35 feet.


   (22) In assessing the ability of the aeroplane to satisfy condition (21) it shall not be assumed to make a change of direction of a radius of steady turn corresponding to an angle of bank of 15°.


   (23) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units, if any, operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach a point above a place at which a safe landing can be made at a suitable height for such landing.


   (24) The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or any planned diversion therefrom, be capable of climbing at a gradient of at least one in 50, with all power units operating within the maximum continuous power conditions specified at the following altitudes-


   (a)   the minimum altitudes for safe flight on each stage of the route to be flown or on any planned diversion therefrom specified in, or calculated from, the information contained in the operations manual relating to the aeroplane; and


   (b)   the minimum altitudes necessary for compliance with condition (23).


   (25) If on the route to be flown or any planned diversion therefrom the aeroplane will be engaged in a flight over water during which at any point it may be more than 30 minutes flying time in still air from the nearest shore, it will, in the event of one power unit becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least one in 200 at an altitude of 5 000 feet in the specified international standard atmosphere.


   (26) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.


   (27) The distance required by the aeroplane to land from a height of 50 feet does not at the aerodrome at which it is intended to land and at any alternate aerodrome exceed 70 percent or, if a visual approach and landing will be possible in the meteorological conditions forecast for the estimated time of landing, 80 percent of the landing distance available on-


   (a)   the most suitable runway for a landing in still air conditions; and


   (b)   the runway which may be required for landing because of the forecast wind conditions,


the distance required to land from a height of 50 feet being taken to be that appropriate to-


   (i)   the landing weight;


   (ii)   the altitude at the aerodrome;


   (iii)   the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;


   (iv)   a level surface in the case of runways usable in both directions;


   (v)   the average slope of the runway in the case of runways usable in only one direction;


   (vi)   still air conditions in the case of the most suitable runway for a landing in still air conditions;


   (vii)   not more than 50 percent of the forecast wind component opposite to the direction of landing or not less than 150 percent of the forecast wind component in the direction of landing in the case of the runway which may be required for landing because of the forecast wind conditions.

CIVIL AVIATION (FEES) REGULATIONS

 

(section 16)

 

(1st August, 2004)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation and commencement

 

   2.   Interpretation

 

   3.   Fees for certificate of registration and duplicates

 

   4.   Fees for air operator's certificate (AOC)

 

   5.   Fees for certificate of airworthiness (C of A)

 

   6.   Fees for approval of maintenance organization

 

   7.   Fees for aircraft maintenance engineer's licence

 

   8.   Fees for flight crew licence

 

   9.   Expenses for services or inspections outside Botswana

 

   10.   Fees for air traffic controller's licence

 

   11.   Fees for licencing of aerodromes

 

   12.   Fees for temporary air service permits

 

   13.   Fees for licence to operate air services

 

   14.   Aerodrome landing fees

 

   15.   Aircraft parking fees

 

   16.   Passenger service charges

 

   17.   Penalties

 

   18.   Exemption from fees and charges

 

   

 

      Schedule

 

 

S.I. 55, 2004,
S.I. 87, 2004,
S.I. 120, 2004.

 

1.   Citation and commencement

   These Regulations may be cited as the Civil Aviation (Fees) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "the Regulations" means the Air Navigation Regulations;

   "special aircraft" includes balloons, powerchutes, gyrocopters and microlights; and

   "weight" means the maximum total weight authorised for the aircraft in its certificate of airworthiness or the associated flight manual.

 

3.   Fees for certificates of registration and duplicates

   In respect of a certificate of registration issued under regulation 4(8) of the Regulations, or a duplicate thereof, fees shall be payable as provided in Part I of the Schedule hereto.

 

4.   Fees for air operator's certificate (AOC)

   (1) In respect of the grant of an air operator's certificate in accordance with regulation 6 of the Regulations, and such other matters as are referred to in Part II of the Schedule hereto, fees shall be payable as provided in Part II of the Schedule hereto.

   (2) No part of any fee which has been paid in accordance with this regulation shall, by reason of any amendment to the certificate in question, be refunded after the certificate has been issued.

 

5.   Fees for certificate of airworthiness (C of A)

   In respect of the issue of a certificate of airworthiness, or a renewal or a validation thereof, in accordance with regulation 8 of the Regulations, and for such other matters as are referred to in Part III of the Schedule hereto, fees shall be payable as provided in Part III of the Schedule hereto.

 

6.   Fees for approval of maintenance organizations

   In respect of the approval given by the Director to a maintenance organisation, in accordance with regulation 9 of the Regulations, fees shall be payable as provided in Part IV of the Schedule hereto.

 

7.   Fees for aircraft maintenance engineer's licence

   In respect of the issue of a licence to act as an aircraft maintenance engineer, or a validation thereof, in accordance with regulation 12 of the Regulations, and for matters in connection therewith, fees shall be payable as provided in Part V of the Schedule hereto.

 

8.   Fees for flight crew licence

   In respect of the issue of a flight crew licence issued under regulation 20 of the Regulation, or a certificate of validation thereof under regulation 21 therewith, fees shall be payable as provided in Part VI of the Schedule hereto.

 

9.   Expenses for services or inspections outside Botswana

   An operator requesting services or inspection from the Department of Civil Aviation at any place outside Botswana shall bear the expenses of the Department in connection therewith, in addition to the payment of all other relevant charges.

 

10.   Fees for air traffic controller's licence

   In respect of the issue of a licence to act as an air traffic controller or as a student air traffic controller in accordance with regulation 61 of the Regulations, or for matters connected therewith, fees shall be payable as provided in Part VII of the Schedule hereto.

 

11.   Fees for licencing of aerodromes

   (1) In respect of the licensing of aerodromes in accordance with regulation 68 of the Regulations, and annual renewals thereof, fees shall be payable as provided in Part VIII of the Schedule hereto.

   (2) Any costs involved in providing transport for the purpose of inspecting an aerodrome, in connection with its licensing or renewal of the licence, shall be borne by the owner or licensee of that aerodrome.

   (3) Licence application fees shall be payable-

 

   (a)   for the initial processing of an application to license an aerodrome and issue of the licence thereof;

 

   (b)   if the the aerodrome licence has expired; or

 

   (c)   if the owner wants to change the aerodrome licence category.

 

12.   Fees for temporary air service permits

   In respect of the grant of a non-scheduled international air service permit in accordance with the provisions of the Air Transport (Temporary Air Service Permits) Regulations, fees shall be payable as provided in Part IX of the Schedule hereto.

 

13.   Fees for licence to operate air services

   In respect of the issue, renewal or variation of a licence to operate air services into, or from, or within Botswana for the transportation of passengers, mail or cargo for hire and reward, fees shall be payable as provided in Part X of the Schedule hereto.

 

14.   Aerodrome landing fees

   In respect of landing at Government aerodromes in Botswana, and in accordance with the provisions of regulation 71 of the Regulations, fees shall be payable as provided in Part XI of the Schedule hereto.

 

15.   Aircraft parking fees

   (1) In respect of parking at Government aerodromes in Botswana, fees shall be payable as provided in Part XII of the Schedule hereto.

   (2) Operators or pilots of aircraft shall ensure that parking fees are paid promptly, and where no Government staff is available at the aerodrome, parking fees may be remitted to the Director within 48 hours after departure of the aircraft from the aerodrome.

 

16.   Passenger service charges

   (1) In respect of every departing passenger, both international and domestic, a passenger service charge shall be payable as provided in Part XIII of the Schedule hereto, which charge shall be collected by the carrier or operator at the point of sale of the relevant flight ticket and remitted to the Director.

   (2) In the case of scheduled air services, the airline shall include the charge in the cost of the airline ticket, and in the case of chartered or private flights the charterer or the private operator concerned shall be responsible for the collection and payment of the full amount, which shall be the equivalent of the charge multiplied by the number of passengers on board, excluding the crew.

   (3) The Director shall invoice the carrier or operator, on a monthly basis, for the full amount due.

 

17.   Penalties

   (1) Any fee payable under these Regulations shall be paid within 30 days from the date of the invoice issued in respect thereof and failure to make such payment shall attract interest at the rate of 2 per cent per month from the due date of payment.

   (2) The Director may, without prejudice to any legal action that may be taken to recover any outstanding amount, suspend or revoke any licence or permit issued under the Regulations for non-payment of any fees due under these Regulations.

   (3) A person who contravenes the provisions of these Regulations shall be guilty of an offence and liable to the penalties in Regulation 83 of the Regulations.

 

18.   Exemption from fees and charges

   (1) Where the Director is satisfied that any fee payable under these Regulations would, apart from this regulation, be payable by the Government, and that such fee is not in connection with aerial work or public transport, he may exempt the Government from payment of that fee.

   (2) In any case where he may consider it to be in the public interest to do so, the Director may, on application being made to him for that purpose, exempt any person from payment of any fee that would otherwise be payable in accordance with these Regulations.

SCHEDULE
FEES

PART I
Fees for Certificate of Registration and Duplicates (in Pula)

 

 

Not exceeding 5700 kg (weight) 

Exceeding 5700 kg (weight) 

Private aircraft 

220.00 

440.00 

Special aircraft 

600.00 

1200.00 

Aerial work 

640.00 

1280.00 

Public transport aircraft 

700.00 

1400.00 

Aircraft modification approval 

50.00 

100.00 

Change of ownership and issue of fresh certificate of registration 

400.00 

800.00 

Grant of special registration letters 

2000.00 

3000.00 

Fees payable for each duplicate of certificate of registration 

200.00 

300.00

PART II
Fees in respect of Air Operator's Certificate (AOC) (in Pula)

 

Application for the grant of an AOC 

500.00 

Grant or renewal of an AOC 

30.00 for every 100kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate for a period of one year 

Amendment to an AOC 

10.00 for every 100kg or part thereof 

Foreign simulator inspection 

1000.00 

Fees payable for foreign-registered aircraft operating commercially in Botswana 

500.00 per month, or part thereof, for an aircraft not exceeding 5700 kg (weight)
800.00 per month, or part thereof, for an aircraft exceeding 5700 kg (weight)

PART III
Fees in respect of Certificate of Airworthiness (C of A) (in Pula)

 

 

Issue of C of A 

Variation/ Validation/ Renewal of C of A 

Issue of Export C of A 

Conversion of foerign C of A 

Aircraft not exceeding
5700 kg (weight) 

100.00 for every 500 kg or part thereof 

30.00 for every 500 kg or part thereof 

50.00 for every 500 kg or part thereof 

100.00 

Aircraft exceeding
5700 kg (weight) 

150.00 for every 500 kg or part thereof 

40.00 for every 500 kg or part thereof 

100.00 for every 500 kg or part thereof 

200.00 

Permit to fly without C of A 

100.00 

 

 

 

Fees payable for each duplicate C of A 

200.00 

200.00 

200.00 

Fees payable for permission to fly foreign-registered flying machines in Botswana without C of A 

600.00 

 

Fees payable for application to operate Botswana registered aircraft in Botswana 

 

500.00 

 

 

Change of C of A category to: 

 

Private


Special


Aerial work 

 

50.00


100.00


200.00 

 

 

PART IV
Fees in respect of approval of maintenance organisations (AMO) (in Pula)

 

 

In Botswana 

Outside Botswana 

Maintenance, repair and overhaul of aircraft not exceeding all up weight (AUW) of 5700 kg 

400.00 

400.00 

Maintenance, repair and overhaul of aircraft exceeding AUW of 5700 kg 

800.00 

800.00 

For each additional item to be included in organisation 

100.00 

100.00

PART V
Fees in respect of aircraft maintenance engineer's licence (In Pula)

 

Technical examination/re-examination of grant of licence for aircraft not exceeding 5700kg (weight) 

60.00 

Technical examination/re-examination for grant of licence for aircraft exceeding 5700kg (weight) 

80.00 

Grant of licence or issue of duplicate thereof 

80.00 

Renewal of licence 

60.00 

Extension of rating included in licence 

60.00 per rating 

Temporary inspection approval 

80.00 

Issue or renewal of certificate of validation in respect of foreign licence 

80.00 

Air law examination for foreign licence holders 

100.00

PART VI
Fees for flight crew licences (in Pula)

 

 

Technical Examinations 

 

 

 

Issue of renewal of licence or duplicate

Additional rating to Licence

Issue or renewal of certificate of validation 

 

Licence issue 

Type rating 

Instrument rating (aeroplanes) and rotor-
craft 

IMC Rating (aeroplanes) 

Type rating 

 

Initial 

Re-exam per licence 

Initial 

Re-exam per licence 

Private pilot (aeroplanes) 

100 

40 

40 

40 

200 

80 

100 

130 

40 

100 

Private pilot (rotorcraft) 

100 

40 

40 

40 

100 

130 

40 

100 

Private pilot (balloons and airships) 

100 

40 

40 

40 

100 

130 

40 

100 

Private pilot (aeroplanes and rotorcraft) 

120 

40 

40 

40 

200 

80 

100 

130 

40 

200 

Private pilot (aircraft rating over 5700kg) 

120 

40 

80 

50 

200 

80 

200 

220 

40 

130 

Commercial pilot (aeroplanes) 

250 

80 

80 

50 

200 

200 

250 

40 

250 

Commercial pilot (rotorcraft) 

250 

80 

80 

50 

200 

250 

40 

250 

Commercial pilot (aeroplanes and rotorcraft) 

350 

80 

80 

50 

200 

200 

250 

40 

300 

Commercial pilot (balloons) 

250 

80 

80 

50 

200 

250 

40 

100 

Commercial pilot (airships) 

250 

80 

80 

50 

200 

250 

40 

100 

Commercial pilot (gliders) 

400 

80 

80 

50 

200 

250 

40 

100 

Airline transport pilot (aeroplanes) 

400 

100 

100 

50 

200 

100 

400 

50 

250 

Airline transport pilot (rotorcraft) 

400 

100 

100 

50 

200 

200 

400 

50 

350

 

Other ratings 

Technical examinations 

Flight tests 

Renewal of rating 

Muti-engined landplane 

40.00 

40.00 

Assistant flight instructor rating 

80.00 

50.00 

50.00 

Flight instructor rating 

100.00 

80.00 

80.00 

Authorised examiner rating 

80.00 

50.00 

Towing rating 

80.00 

50.00 

50.00

PART VII
Fees in respect of Air Traffic Controller's licence (in Pula)

 

 

Licence/Initial issue 

Technical examination/ re-examination per subject 

Renewal of licence or duplicate 

Student air traffic controller 

100.00 

10.00 

100.00 

Air traffic controller 

150.00 

10.00 

100.00

PART VIII
Fees in respect of aerodromes (in Pula)

 

Licence category

Aerodrome description

Licence application fees

Licence renewal fees

A

Aerodromes intended for handling aircraft operations involving the public transport of passengers, mail or cargo utilizing aircraft exceeding maximum weight authorised of 5700kg

5000.00

2000.00

B

Aerodromes intended for handling aircraft operations involving the public transport of passengers, mail or cargo utilizing aircraft not exceeding maximum weight authorised of 5700kg

2000.00

1000.00

C

Aerodromes intended for handling aircraft operations involving the public transport of passengers, mail or cargo utilizing aircraft not exceeding maximum weight authorised of 3500kg

1000.00

750.00

D

Aerodromes intended for private use utilising aircraft not exceeding maximum weight authorised of 57000kg

750.00

500.00

PART IX
Fees for temporary air service permits (in Pula)

 

Aircraft weight (kg) 

 

Fees in respect of each arrival of aircraft in Botswana (in Pula) 

Exceeding (kg) 

Not exceeding (kg) 

1000 

100.00 

1000 

3000 

160.00 

3000 

5500 

250.00 

5500 

10500 

300.00 

10500 

20500 

600.00 

20500 

30500 

800.00 

30500 

800.00 plus P20.00 for each 2 000kg or part thereof in excess of 30 500 kg

PART X
Fees for the operation of air services (in Pula)

 

Type of service 

Application fee 

Fee for grant or renewal of licence 

Fee for variation of licence 

Licence for non-scheduled service (including aerial work) 

500.00 

800.00 

300.00 

Licence for scheduled air service 

1000.00 

2500.00 

800.00

PART XI
Aerodrome landing fees (in Pula)
(Classification of aerodromes is given in Part XIV of this Schedule)

 

Aircraft weight

Single landing fee at 

Exceeding (kg) 

Not exceeding (kg) 

Class I
aerodrome 

Class II aerodrome 

Class III aerodrome 

1000 

20.00 

10.00 

10.00 

1000 

2000 

25.00 

15.00 

12.00 

2000 

3000 

40.00 

25.00 

20.00 

3000 

4000 

50.00 

30.00 

25.00 

4000 

5000 

65.00 

35.00 

30.00 

5000 

6000 

75.00 

40.00 

35.00 

6000 

8000 

130.00 

60.00 

55.00 

8000 

10000 

155.00 

75.00 

65.00 

10000 

15000 

195.00 

85.00 

75.00 

15000 

20000 

265.00 

130.00 

115.00 

20000 

30000 

360.00 

185.00 

145.00 

30000 

50000 

460.00 

305.00 

270.00 

50000 

70000 

660.00 

425.00 

350.00 

70000 

100000 

885.00 

545.00 

500.00 

100000 

150000 

1335.00 

150000 

200000 

1650.00 

200000 

250000 

2100.00 

250000 

275000 

2550.00 

275000 

300000 

3000.00 

300000 

350000 

3450.00 

350000 

400000 

3900.00 

400000 

3900.00 plus
P180.00 for each
10 000 kg above
400 000 kg 

-

PART XII
Aircraft parking fees (in Pula)

 

The following parking fees shall be applicable to aerodromes under class 'I' in Part XIV of this Schedule. The first four hours shall be exempt from payment of parking fees for all aircraft. Parking slots shall be given as directed by air traffic control authorities or the airport manager.

Aircraft weight (in kg) 

Fees up to 24 hours in excess of the first four hours 

Exceeding (kg) 

Not exceeding (kg) 

 

2000 

10.00 

2000 

3000 

15.00 

3000 

4000 

25.00 

4000 

5000 

30.00 

5000 

10000 

35.00 

10000 

20000 

45.00 

20000 

30000 

60.00 

30000 

50000 

90.00 

50000 

75000 

120.00 

75000 

100000 

150.00 

100000 

150000 

180.00 

150000 

200000 

210.00 

200000 

300000 

270.00 

300000 

400000 

300.00 

400000 

300.00 plus P45 for each 10 000kg or part thereof in excess of 400 001kg

PART XIII
Passenger Service Charge (in Pula)

 

The following passenger service charges shall be payable by departing passengers. 

The charge shall be payable by the carrier or operator. 

 

 

Amount

International passengers

100.00

Domestic passengers

50.00

PART XIV
Classification of Government aerodromes of the purpose of payment of parking and landing fees
(Parts XI and XII of this Schedule)

 

Class I aerodrome 

Class II aerodrome 

Class III aerdrome 

Francistown 

Ghanzi 

Bokspits 

Gaborone 

Shakawe 

Gweta 

Maun 

Goodhope 

Hukuntsi 

Kasane 

Gumare 

Kanye 

Selebi Phikwe 

 

Kang 

 

 

Makalamabedi 

 

 

Motopi 

 

 

Mamuno 

 

 

Nokaneng 

 

 

Nata 

 

 

Palapye 

 

 

Seronga 

 

 

Tsodilo Hills 

 

 

Tsabong 

 

 

Tsau

EN ROUTE NAVIGATION CHARGES REGULATIONS

 

(section 16(2)(w))

 

(1st April, 1999)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Charge

 

   4.   Persons liable for the charge

 

   5.   Notice of the charge

 

   6.   Mode of payment

 

   7.   Exemption from charges

 

   8.   Detention for failure to pay

 

   9.   Extent of detention

 

   10.   Restriction on detention

 

   11.   Sale of the aircraft

 

   12.   Restriction on sale

 

   13.   Proceeds of sale of aircraft

 

 

 

      First Schedule - Calculation of Charge

 

      Second Schedule - Proceedings to Sell Aircraft

 

 

S.I. 38, 1999.

 

1.   Citation

   These Regulations may be cited as the En Route Navigation Charges Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "aeronautical information publication" means a document entitled "Aeronautical Information Publication" in force at the date of the making of these Regulations, published and updated from time to time by the Department of Civil Aviation;

   "approach control services" means those services provided for arriving or departing controlled flights, including services provided in a terminal control area;

   "charge" means en route navigation charge;

   "en route navigation services" means those services, except approach control services, provided to aircraft proceeding through the Gaborone Flight Information Region;

   "flight information region" means an airspace of defined dimension within which flight information service and alerting service are provided;

   "maximum take off weight" means the maximum take off weight of an aircraft as stated in its certificate of airworthiness, expressed in kilograms; and

   "services" includes but is not limited to, air traffic services, aeronautical telecommunications services, meteorological services, search and rescue services and aeronautical information services.

 

3.   Charge

   An aircraft flying over Botswana whether under instrument or visual flight rules, shall be charged a fee calculated in accordance with the First Schedule, payable to the Director for en route navigation services provided by the Gaborone Flight Information Region.

 

4.   Persons liable for the charge

   (1) The operator of an aircraft shall primarily be responsible for the charge incurred in accordance with regulation 3.

   (2) Where the Director is unable to ascertain who the operator is, he shall charge the owner of the aircraft which owner shall be liable for the charge until such time as the operator is known to the Director.

 

5.   Notice of the charge

   The Director shall within a reasonable time, send a notice to a person liable for the charge in accordance with regulation 4.

 

6.   Mode of payment

   The charge levied in accordance with regulation 3 shall be paid in Botswana Pula or in any other convertible currency at such place and time as may be approved by the Director.

 

7.   Exemption from charges

   (1) The following flights shall be exempt from charges under these regulations-

 

   (a)   flights made by the Botswana Defence Force aircraft;

 

   (b)   flights for the purposes of search and rescue operations;

 

   (c)   flights carried out using gliders, power gliders and an ultra light aircraft;

 

   (d)   flights made by an aircraft which is the property of the Government of Botswana including customs and police and which are not made for commercial purposes;

 

   (e)   flights made exclusively for the purpose of checking or testing equipment used as an aid to air navigation;

 

   (f)   flights arranged by the Department exclusively for the purpose of instruction or testing of flight crew;

 

   (g)   flights made for the purpose of enabling an aircraft to qualify for the issue, renewal, modification or validation of a certificate of airworthiness;

 

   (h)   flights made for training purposes, terminating at the aerodrome from which the aircraft takes off;

 

   (i)   flights that take the following routes-

 

      (i)   FBSK - FAJS;

 

      (ii)   FBFT - FVBU;

 

      (iii)   FBTL - FAJS;

 

      (iv)   FBKE - LIVINGSTONE;

 

      (v)   FBKE - VICTORIA FALLS; and

 

   (j)   flights operated within the Gaborone Flight Information Region consisting of a distance of less than 50 nautical miles.

   (2) The Minister may by Notice in the Gazette, exempt the application of these regulations to any other flight in the public interest.

 

8.   Detention for failure to pay

   (1) The Director may, where a default is made in the payment of a charge under these regulations, detain an aircraft pending payment.

   (2) The Director may detain an aircraft in accordance with sub regulation (1) at any time when the aircraft is on any aerodrome in Botswana.

   (3) A detention in accordance with sub regulation (1) may be made in respect of-

 

   (a)   an aircraft in respect of which the charges were incurred, whether incurred by the person who is the operator of the aircraft at the time of the detention; or

 

   (b)   any other aircraft operated by the person in default at the time of the detention.

   (4) For purposes of this regulation, a person shall be in default if an invoice or any part thereof issued in accordance with regulation 5 remains unpaid for a period of ninety days from the date of issue.

 

9.   Extent of detention

   The power of detention and sale conferred by these regulations in respect of an aircraft, extends-

 

   (a)   to the equipment of the aircraft and any stores for use in connection with its operation, carried in the aircraft, whether or not the equipment or stores is the property of the operator; and

 

   (b)   to any aircraft documents carried in it, and any such documents may, if the aircraft is sold, be transferred by the Director to the purchaser.

 

10.   Restriction on detention

   The Director shall not detain an aircraft under these Regulations if the operator of the aircraft or a person claiming an interest therein-

 

   (a)   disputes that the charges are due;

 

   (b)   disputes that the charges in question were incurred in respect of that aircraft; and

 

   (c)   gives to the Director pending the determination of the case, security sufficient to cover the payment of the charges which are due.

 

11.   Sale of the aircraft

   The Director may, where the charge remains unpaid for a period of 60 days from the date of the detention, commence proceedings to sell the aircraft as set out in the Second Schedule.

 

12.   Restriction on sale

   The Director shall not sell an aircraft under these regulations without leave of the court.

 

13.   Proceeds of sale of aircraft

   (1) The proceeds of sale of an aircraft under these regulations shall be applied in the following order-

 

   (a)   in payment of customs duty as a result of the aircraft having been brought into Botswana;

 

   (b)   in payment of expenses incurred by the Director in detaining and selling the aircraft, including expenses in connection with the application to court;

 

   (c)   in payment of charges in respect of an aircraft which the court has found to be due from the operator by virtue of these or any other regulations under the Civil Aviation Act;

 

   (d)   in payment of airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these regulations; and

 

   (e)   the surplus if any shall be paid to or among the persons whose interests in the aircraft have been divested by reason of the sale.

FIRST SCHEDULE
CALCULATION OF CHARGE

 

(reg 3)

 

1.   Charge

 

   A charge under these Regulations shall be calculated in accordance with the maximum take off weight of an aircraft.

 

2.   5700kg +

 

   For aircraft exceeding 5700 kilograms in weight, the charge shall be calculated in accordance with the following formula-

 

      Charge = P x D x W

 

where P is the service unit rate which shall be a flat rate of P100.00;

 

where D is the distance factor which shall be the number of nautical miles between-

 

   (a)   the aerodrome of first departure within the Gaborone Flight Information Region; and

 

   (b)   the aerodrome of first destination within the Gaborone Flight Information Region,

 

   or where there is no aerodrome under either subregulation 2(a) or (b), the point representing the intersection of the centre line of the appropriate airway or upper air traffic service route with the boundary of the Gaborone Flight Information Region as described in the Air Traffic Rules and Services section of the Botswana Aeronautical Information Publication, divided by 100 and carried to two decimal places:

 

      Provided that if the operation of an aircraft involves the use of approach control services, the total measure of nautical miles shall be reduced by 25 nautical miles for each arrival or departure from an aerodrome; and

 

      where W is the weight factor which shall be equal to the square root of the quotient calculated by dividing the maximum take off weight by 20 000 and shall be carried to two decimal places.

 

3.   2501kg - 5700kg

 

   For aircraft weighing 2501 up to 5700 kilograms, the charge shall be a flat rate of P100.00

 

4.   2500kg

 

   For aircraft weighing 2500 kilograms or less, the charge shall be a flat rate of P75.00.

 

5.   Power to amend Schedule

 

   The Director may from time to time, by notice in the Gazette, amend the Schedule.

SECOND SCHEDULE
PROCEEDINGS TO SELL AIRCRAFT

 

(reg 11)

 

1.   Notice of detention

 

   The Director shall inform the Aeronautical Authorities of the State of Registry about the detention and possible sale of an aircraft.

 

2.   Notice to other interested parties

 

   (1) The Attorney-General on receipt of an application from the Director under these regulations, shall bring the proposed application to the notice of persons whose interests may be affected by the determination of the court and for affording to any such person, an opportunity of becoming a party to the proceedings.

 

   (2) The Attorney-General shall, within 21 days before applying to the court, publish in the Gazette and in at least one local newspaper, a notice in accordance with regulation 3, and shall as far as is practical, serve such a notice on each of the following persons-

 

   (a)   a person under whose name the aircraft is registered;

 

   (b)   a person if any, who appears to the Director to be the owner of the aircraft;

 

   (c)   a person who appears to the Director to be a charterer of the aircraft whether or not by demise;

 

   (d)   a person who appears to the Director to be the operator of the aircraft;

 

   (e)   a person who is registered as a mortgagee of the aircraft under the laws of Botswana or who appears to the Director to be a mortgagee of the aircraft under the law of any country other than Botswana; and

 

   (f)   any other person who appears to the Director to have a proprietary or financial interest in the aircraft.

 

   (3) If a person has been served with a notice in accordance with sub regulation 2, and the person informs the Attorney-General in writing within 14 days of the service of the notice of his intention to be a party to the proceedings, the Attorney-General shall cite the person as a defendant in the application.

 

3.   Content of notice

 

   A notice served in accordance with regulation 2 shall-

 

   (a)   state the nationality and registration marks on the aircraft;

 

   (b)   state the type of aircraft;

 

   (c)   state that by reason of default in the payment of a sum due to the Director for charges imposed by these regulations, the Director, on a specified date, detained the aircraft under these regulations and unless payment of the sum so due is made within a period of 60 days from the date when the detention began, or within 21 days of the date of service of the notice, whichever is the later, will apply to the court for leave to sell the aircraft; and

 

   (d)   invite the person to whom the notice is given to inform the Attorney-General within 14 days of the service of the notice if he wishes to become a party to the proceedings on the application.

AIR NAVIGATION (PROHIBITED AREAS) ORDER

 

(regulation 76)

 

(7th March, 1980)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Declaration of prohibited areas

 

 

 

      Schedule

 

 

S.I. 32, 1980.

 

1.   Citation

   This Order may be cited as the Air Navigation (Prohibited Areas) Order.

 

2.   Declaration of prohibited areas

   Each of the areas specifically defined in the Schedule is declared to be a prohibited area:

   Provided that aircraft may fly over the prohibited area therein designated Gaborone (State House) if they do so at a height greater than 2 000 feet (610 m) above ground level.

SCHEDULE

 

(para 2)

 

GABORONE (STATE HOUSE)

 

   1 nautical mile radius of 243918S 255448E

 

SELEBI-PHIKWE

 

   5 nautical miles radius of 2155S 2751E

CIVIL AVIATION (DANGEROUS GOODS) REGULATIONS

 

(section 89)

 

(23rd March, 2012)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Application

 

 

 

PART II
Requirements for Carriage of Dangerous Goods

 

   4.   Approval or certificate required to carry dangerous goods

 

   5.   Application for certificate to carry dangerous goods

 

   6.   Application for approval to carry dangerous goods

 

   7.   Renewal of certificate to carry dangerous goods

 

   8.   Issue of duplicate certificate

 

   9.   Revocation of certificate or approval to carry dangerous gooc

 

   10.   Variation of certificate to carry dangerous goods

 

   11.   Validation of foreign certificate or approval

 

   12.   Prohibition of carriage of dangerous goods

 

 

 

PART III
Operators Obligations

 

   13.   Provision of information by operator to crew, etc.

 

   14.   Acceptance of dangerous goods by operator

 

   15.   Exemption

 

   16.   Method of loading by operator

 

   17.   Inspections by operator for damage, leakage or contamination

 

   18.   Removal of contamination

 

   19.   Provision of information and training programmes

 

   20.   Provision of information to passengers

 

   21.   Provision of information in respect of cargo

 

 

 

PART IV
Shippers Responsibilities

 

   22.   Shippers responsibilities

 

   23.   Dangerous goods transport document

 

   24.   Provision of training

 

 

 

PART V
Documents, Records and Enforcement Powers

 

   25.   Keeping of documents and records

 

   26.   Production of documents and records

 

   27.   Power of seizure and examination

 

 

 

PART VI
General

 

   28.   Occurrence reporting

 

   29.   Pilot-in-command's duty to inform air traffic services

 

   30.   Flying for agricultural, horticultural, forestry, etc.

 

 

 

      SCHEDULE 1

 

      SCHEDULE 2

 

 

S.I. 18, 2012.

PART I
Preliminary (regs 1-3)

 

1.   Citation

   These Regulations may be cited as the Civil Aviation (Dangerous Goods) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "acceptance checklist" means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met;

   "approval" means an authorisation issued by an appropriate national authority for-

 

   (a)   the transport of dangerous goods forbidden on passenger or cargo aircraft where the Technical Instructions state that such goods may be carried with approval; and

 

   (b)   other purposes as provided for in the Technical Instructions;

   "authorised person" means an employee of the Authority or any delegated person duly authorised as such by the Authority;

   "cargo aircraft" means an aircraft which carries goods or movable property but not passengers and for purposes of these Regulations, the following are not considered to be passengers-

 

   (a)   crew member;

 

   (b)   operators employee permitted to be carried by, and carried in accordance with the instructions contained in the operations manual;

 

   (c)   an authorised representative of the Authority; or

 

   (d)   a person with duties in respect of a particular shipment on board;

   "dangerous goods" means any article or substances which are capable of posing risk to health, safety, property or the environment and are identified as such in the Technical Instructions;

   "dangerous goods accident" means an occurrence associated with and related to the carriage of dangerous goods by air, which results in a fatal or serious injury to a person or major damage to property or environmental damage;

   "dangerous goods incident" means an occurrence, other than a dangerous goods accident, which-

 

   (a)   is associated with and related to the carriage of dangerous goods by air, not necessarily occurring on board an aircraft, which results in an injury to a person, property damage, environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained; or

 

   (b)   relates to the carriage of dangerous goods which seriously jeopardises an aircraft or its occupants;

   "dangerous goods transport document" means a document specified by Technical Instructions which contains information about the dangerous goods being transported;

   "exemption" means an authorisation other than an approval granted by an appropriate national authority providing relief from the provisions of the Technical Instructions;

   "foreign operator" means an aircraft operator who holds an Air Operator's Certificate issued otherwise than by the Authority;

   "freight container" means a transport equipment for radio active material, designed to facilitate the carriage of such material, either packaged or unpackaged, by one or more modes of transport but does not include a unit load device;

   "handling agent" means a person who performs on behalf of an operator, some or all of the functions of the operator including receiving, loading, unloading, transferring or other processing of passengers or cargo;

   "ID number" means an identification number specified in the Technical Instructions for an item of dangerous goods which has not been assigned a UN number;

   "local operator" means an aircraft operator who holds an Air Operator's Certificate issued by the Authority; "operator" means the person having management of an aircraft at a particular time and includes both a local and foreign operator;

   "overpack" means an enclosure used by a single shipper to contain one or more packages to form one handling unit for convenience of handling and stowage, but does not include a unit load device;

   "package" means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage;

   "packaging" means the receptacles or any other components or materials necessary for the receptacle to perform its containment function and other safety functions;

   "proper shipping name" means the name used to describe a particular article or substance in shipping documents and notifications, and where appropriate on packagings;

   "serious injury" means an injury which is sustained by a person in an accident and which-

 

   (a)   requires hospitalisation for more than 48 hours, commencing within seven days the injury was sustained;

 

   (b)   results in a fracture of any bone, except simple fractures of fingers, toes or nose;

 

   (c)   involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;

 

   (d)   involves injury to an internal organ;

 

   (e)   involves second or third degree burns, or any burns affecting more than five per cent of the body surface; or

 

   (f)   involves verified exposure to infectious substances or injurious radiation;

   "shipper" means the person who consigns dangerous goods for carriage on an aircraft;

   "State of Destination" means the country in the territory of which an aircraft carrying dangerous goods ends its journey;

   "State of Origin" means the country in the territory of which the consignment was first loaded on an aircraft;

   "State of Overflight" means the country in the territory of which an aircraft carrying dangerous goods flies over, but without landing;

   "State of Transit" means the country in the territory of which an aircraft carrying dangerous goods passes through and lands but without offloading the dangerous goods;

   "Technical Instructions" means the last effective edition in the English language of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organization;

   "UN number" means a number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance; and

   "unit load device" means any type of container or pallet designed for loading onto an aircraft but does not include a freight container or an overpack.

 

3.   Application

   These Regulations shall apply to carriage of dangerous goods where Botswana is a State of Origin, State of Transit, State of Overflight or the State of Destination.

PART II
Requirements for Carriage of Dangerous Goods (regs 4-12)

 

4.   Approval or certificate required to carry dangerous goods

   (1) An operator shall not operate an aircraft carrying or loaded with dangerous goods unless-

 

   (a)   the operator holds a certificate or approval to carry dangerous goods issued by the Authority; and

 

   (b)   dangerous goods are carried or loaded in accordance with any conditions to which such certificate or approval may be subject and in accordance with the Technical Instructions.

   (2) Any person who contravenes a provision of subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

 

5.   Application for certificate to carry dangerous goods

   (1) An operator who holds a valid Air Operators Certificate may apply to the Authority for a certificate to operate an aircraft carrying or loaded with dangerous goods in Form 1 set out in Schedule 1.

   (2) Where the Authority is satisfied that the local operator is competent to carry dangerous goods safely and meets the requirements of these Regulations, it shall on payment of a fee specified in Schedule 2, issue the operator with a certificate to carry dangerous goods as set out in Form 2 of Schedule 1, subject to such conditions as the Authority may think fit.

   (3) An operator who violates any condition to which the certificate is issued, commits an offence and is liable to a fine not exceeding P10 000, or imprisonment for a term not exceeding two years, or to both.

   (4) An operator who provides false or forged information on an application under subregulation (1) commits an offence and is liable to a fine not exceeding P30 000, or imprisonment for a term not exceeding six years, or to both.

   (5) A certificate to carry dangerous goods shall be valid for a period of 12 months from the date of issue.

 

6.   Application for approval to carry dangerous goods

   (1) An operator who wishes to operate an aircraft carrying or loaded with dangerous goods on ad-hoc basis shall apply to the Authority for an approval to carry dangerous goods in Form 3 set out in Schedule 1, and shall provide such information as the Authority may require and, in particular-

 

   (a)   details of the dangerous goods to be carried; and

 

   (b)   date on which dangerous goods are to be carried, destination and the type of aircraft to be used.

   (2) An application under subregulation (1) shall be accompanied by a fee specified in Schedule 2.

   (3) Where the Authority is satisfied that the operator is competent to carry dangerous goods safely and meets the requirements of these Regulations, it shall on payment of a fee specified in Schedule 2, issue the operator with an approval to carry dangerous goods as set out in Form 4 of Schedule 1, subject to such conditions as the Authority may think fit.

   (4) An operator who violates any condition to which the approval is issued, commits an offence and is liable to a fine not exceeding P10 000, or imprisonment for a term not exceeding two years, or to both.

   (5) An operator who provides false or forged information on an application under subregulation (1) commits an offence and is liable to a fine not exceeding P30 000, or imprisonment for a term not exceeding six years, or to both.

   (6) An approval to carry dangerous goods shall be valid for a period stipulated in the approval document.

   (7) Notwithstanding subregulation (6), an operator can apply for extension of the validity of their approval to carry dangerous goods, provided it is for the same consignment, by filling in the applicable parts in Form 3 set out in Schedule 1.

 

7.   Renewal of certificate to carry dangerous goods

   (1) A certificate to carry dangerous goods may be renewed by filling in the applicable parts in Form 1 set out in Schedule 1 for a further period of 12 months from the date of its expiry.

   (2) An application for renewal in terms of subregulation (1) shall be-

 

   (a)   made at least 30 days before the expiry of the certificate; and

 

   (b)   accompanied by a renewal fee specified in Schedule 2.

   (3) Where an application complies with subregulation (2), the Authority shall issue a new certificate to carry dangerous goods in Form 2 of Schedule 1 and may attach any conditions to the renewal as it may consider necessary.

   (4) The Authority may refuse to renew a certificate where-

 

   (a)   the conditions of the certificate have not been complied with;

 

   (b)   the provisions of these Regulations have not been complied with;

 

   (c)   the operator is convicted of an offence under these Regulations; or

 

   (d)   it is in the public interest not to renew the certificate.

 

8.   Issue of duplicate certificate

   (1) An operator whose certificate to carry dangerous goods is lost, destroyed or mutilated may, by application made to the Authority, and on payment of a fee specified in Schedule 2, obtain a duplicate certificate.

   (2) Where a certificate which has been lost and replaced is recovered, the operator shall immediately return the duplicate certificate to the Authority.

 

9.   Revocation of certificate or approval to carry dangerous goods

   The Authority may revoke a certificate or an approval to carry dangerous goods where after any time the certificate or an approval to carry dangerous goods has been issued, the operator violates any of the conditions imposed by the Authority, and such operator shall return to the Authority, the certificate or approval to carry dangerous goods.

 

10.   Variation of certificate to carry dangerous goods

   (1) Any operator who wishes to have his or her certificate to carry dangerous goods varied may apply to the Authority by filling out the applicable parts in Form 1 set out in Schedule 1 giving reasons why a variation is required.

   (2) Where the Authority determines that safety in commercial air transport and the public interest allows for a variation, the Authority may vary the operators certificate to carry dangerous goods.

   (3) An application for variation shall be made at least 30 days prior to the intended date of any operation under that variation accompanied by a variation fee specified in Schedule 2.

 

11.   Validation of foreign certificate or approval

   The Authority may on application by a foreign operator, validate a foreign certificate or an approval issued in the handling dangerous goods to be conveyed by air, where the holder of such foreign certificate submits documentary proof that-

 

   (a)   the foreign certificate has been obtained from an approved foreign training organisation; and

 

   (b)   the dangerous goods transport document complies with the Technical Instructions.

 

12.   Prohibition of carriage of dangerous goods

   (1) Subject to subregulations (2) and (3), a person shall not-

 

   (a)   deliver or cause to be delivered for carriage in; or

 

   (b)   carry or load or cause to be carried in, an aircraft any dangerous goods which he or she knows, ought to know or suspects to be goods capable of posing risk to the health and safety of any person, property or any damage to the environment when carried by air.

   (2) Notwithstanding subregulation (1), dangerous goods may be delivered or caused to be delivered for carriage by air or be carried or loaded on board an aircraft where they are-

 

   (a)   for the proper navigation or safety offlight;

 

   (b)   to provide, during flight, medical aid to a patient;

 

   (c)   to provide, during flight, veterinary aid or a humane killer for an animal;

 

   (d)   to provide, during flight, aid in connection with search and rescue operations;

 

   (e)   permitted for carriage by passengers or crew members; or

 

   (f)   intended for use or sale during the flight.

   (3) The dangerous goods specified in subregulation (2) shall be carried in an aircraft provided they comply with Part 8 and the applicable provisions in the Technical Instructions, and with the following-

 

   (a)   the goods specified in subregulation (2)(a) shall only be carried if''

 

      (i)   they are required to be carried on an aircraft by or under these Regulations or are otherwise intended for use on an aircraft for the purpose of the good order of the flight in accordance with the normal practice whether or not, in either case, such goods are required to be carried or intended to be used on that particular flight, or

 

      (ii)   they are intended as replacements or have been removed for replacement, and they comply with applicable provisions of Part 1 of the Technical Instructions;

 

   (b)   the goods specified in subregulation 2 (b) and (c) shall only be carried if-

 

      (i)   they may be required for use during the flight,

 

      (ii)   they are or may be required for use during a subsequent flight by the same aircraft and it may not be practicable to load the goods onto the aircraft in the intervening period before the commencement of that subsequent flight, or

 

      (iii)   they were used or might have been required for use during a previous flight by the same aircraft and it has not been practicable to unload them from the aircraft since that flight;

 

   (c)   the goods specified in subregulation 2(e) shall be carried by passengers or crew members if they comply with the provisions of Part 8 of the Technical Instructions; and

 

   (d)   the goods specified in subregulation 2(f) shall be carried if the Technical Instructions identify them as being items for sale or use during a flight, or are intended as replacements for such items or have been removed for replacement, they are carried in accordance with Part 1 of the Technical Instructions.

PART III
Operators Obligations (regs 13-21)

 

13.   Provision of information by operator to crew, etc.

   (1) An operator of an aircraft flying for the purposes of commercial air transport shall ensure that all appropriate manuals, including the operations manual contain information about dangerous goods carried on the aircraft so that ground staff and crew members can carry out their responsibilities in regard to the carriage of dangerous goods, and the action to be taken in the event of any emergency involving dangerous goods, and where applicable the information should also be given to the handling agent.

   (2) An operator of an aircraft in which dangerous goods are to be carried as cargo shall provide or cause to be provided to the pilot-in-command of the aircraft, before the flight begins-

 

   (a)   written information about the dangerous goods as specified in the applicable provisions of Part 7 of the Technical Instructions; and

 

   (b)   information for use in responding to an in-flight emergency as specified in the applicable provisions of Part 7 of the Technical Instructions.

   (3) An operator of an aircraft which is involved-

 

   (a)   in an accident whilst carrying any dangerous goods as cargo on the aircraft; or

 

   (b)   in a serious incident in which, in the reasonable opinion of the operator, dangerous goods carried as cargo on the aircraft may be involved,

shall notify the Authority and a police officer for the area where the accident or serious incident occurred.

 

14.   Acceptance of dangerous goods by operator

   (1) An operator of an aircraft in which dangerous goods are to be carried as cargo, shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in an aircraft until such package, overpack or freight container has been inspected to determine that the-

 

   (a)   dangerous goods are not forbidden for carriage by air in any circumstance by the provisions of the Technical Instructions;

 

   (b)   dangerous goods are classified and packed as required by the Technical Instructions;

 

   (c)   the package, overpack or freight container marked and labelled in accordance with the provisions of Chapters 2 and 3 of Part 5 of the Technical Instructions; and

 

   (d)   the package, overpack or freight container is not leaking or damaged before being loaded on an aircraft or placed in a unit load device.

   (2) Unless otherwise provided for in the Technical Instructions, an operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in that aircraft unless it is accompanied by a dangerous goods transport document, and shall inspect such document to ensure that it complies with the Technical Instructions.

   (3) An inspection under subregulation (2), shall be in accordance with an acceptance checklist, in Form 5 set out in Schedule 1, and the result of such inspection shall be recorded.

 

15.   Exemption

   (1) The Authority may, upon application by an operator or a shipper, and on a payment of a fee specified in Schedule 2, exempt such operator or shipper from the provisions of regulation 14(1)(a) where-

 

   (a)   there is extreme urgency;

 

   (b)   other forms of conveyance are inappropriate; or

 

   (c)   full compliance with the this Part will be contrary to the public interest.

   (2) The Authority may grant an exemption from the provisions of the Technical Instructions where in all instances every effort is made to achieve an overall level of safety in transport of the dangerous goods which is equivalent to the level of safety provided for in the Technical Instructions.

   (3) Where the Authority grants an exemption for a period exceeding 90 days, the Authority shall, within 30 days from the date on which an exemption was granted, publish the full particulars of such exemption in the Gazette.

 

16.   Method of loading by operator

   (1) An operator of an aircraft in which dangerous goods are to be carried as cargo shall ensure that dangerous goods are not carried in any compartment occupied by passengers or on the flight deck, except where permissible under Part 7 of the Technical Instructions.

   (2) An operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods is loaded, segregated, stowed and secured on an aircraft in Chapter 2 of Part 7 of the Technical Instructions.

   (3) An operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container bearing an indication that they can only be carried on a cargo aircraft are loaded and stowed in accordance with Part 7 of the Technical Instructions and are not loaded on an aircraft carrying passengers.

   (4) An operator of an aircraft in which radioactive materials are to be carried as cargo shall ensure that the radioactive materials are loaded and stowed in freight containers in accordance with Part 2 of the Technical Instructions.

 

17.   Inspections by operator for damage, leakage or contamination

   (1) An operator of an aircraft in which dangerous goods are to be carried shall ensure that a unit load device containing dangerous goods is not loaded unless it has been inspected and is free from any evidence of leakage or damage to the packages, overpacks or freight containers contained in it.

   (2) An operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods and is leaking or damaged in an aircraft is removed and that other cargo or baggage loaded on that aircraft is in a fit state for carriage by air and is not contaminated.

   (3) An operator of an aircraft in which dangerous goods are carried as cargo shall ensure after unloading that all packages, overpacks or freight containers which contain dangerous goods are inspected for signs of damage or leakage, and if there is such evidence, shall ensure that any part of the aircraft where the package, overpack or freight container was stowed or any sling or other apparatus which has been used to suspend goods beneath the aircraft is inspected for damage or contamination and shall record the event and report it as an incident.

 

18.   Removal of contamination

   (1) An operator of an aircraft in which dangerous goods are carried shall ensure that any contamination found as a result of leaking or damaged packages, overpacks or freight containers is removed without delay.

   (2) An operator of an aircraft shall ensure that an aircraft is not permitted to fly if it is known or suspected that radioactive materials have leaked in or contaminated the aircraft, unless the radiation level resulting from the fixed contamination at any accessible surface and the non-fixed contamination are not more than the values specified in Part 7 of the Technical Instructions.

   (3) An operator who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

 

19.   Provision of information and training programmes

   (1) An operator of an aircraft in which dangerous goods are to be carried as cargo shall, before the flight begins, provide the pilot-in-command of the aircraft with written information specifying the matters required by Part 5 of the Technical Instructions and shall preserve a copy of that information for a period of not less than six months.

   (2) An operator of an aircraft or any agent thereof shall inform any of his or her employees whose duties include a function connected with the carriage of passengers or cargo by air of the Technical Instructions, and shall for this purpose establish and undertake training programmes as required by Chapter 4 of Part 1 of the Technical Instructions, which shall be submitted to the Authority for approval.

 

20.   Provision of information to passengers

   (1) An airport operator or operator of an aircraft flying the purpose of commercial air transport of passengers or his or her agent shall ensure that persons who are or may become passengers are warned about the type of dangerous goods which are forbidden from being carried on an aircraft as checked baggage or carry-on luggage-

 

   (a)   by displaying notices sufficient in number and prominence for this purpose at-

 

      (i)    the places at an airport and outside the airport where tickets are issued,

 

      (ii)    the areas at an airport maintained to assemble passengers to board an aircraft,

 

      (iii)   any place where flight accommodation is offered, and

 

      (iv)   any location where a passenger may be checked in; and

 

   (b)   by providing information with each passenger ticket or some other appropriate means, sufficient in prominence for this purpose.

   (2) An airport operator or operator of an aircraft flying for purposes of commercial air transport who fails to provide information required under subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or imprisonment for a term not exceeding one year, or to both and a fine of P1 000 for each day that the offence continues.

 

21.   Provision of information in respect of cargo

   (1) An operator of an aircraft in which cargo is to be carried and any agent thereof shall ensure that notices giving information about the carriage of dangerous goods are displayed in sufficient number and prominence for this purpose at places where cargo is accepted for carriage.

   (2) An operator who fails to provide information in the manner specified under subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or imprisonment for a term not exceeding six years, or to both and a fine of P1 000 for each day that the offence continues.

PART IV
Shippers Responsibilities (regs 22-24)

 

22.   Shippers responsibilities

   A shipper shall, before consigning any dangerous goods for carriage by air, ensure that-

 

   (a)   the goods are not the type forbidden for carriage by under Part 1 of the Technical Instructions;

 

   (b)   if the goods the type forbidden for carriage by air without approval, all such approvals are obtained from the Authority where the Technical Instructions indicate that it is the responsibility of the shipper to obtain them;

 

   (c)   the goods are classified in accordance with classification criteria contained in Part 2 of the Technical Instructions;

 

   (d)   the goods are packed in accordance with Part 1, Part 2, Chapters 2 and 3, Part 3 and Part 4 of Technical Instructions, and the packaging used is in accordance with these provisions and Part 6 of the Technical Instructions as applicable to those goods;

 

   (e)   the package is marked and labelled in English in addition to any other language required by the State of Origin as specified for those goods under Part 3, Chapters 2 and 3 of Part 5 and Chapter 2 of Part 6 of the Technical Instructions;

 

   (f)   the package is in a fit condition for carriage by air; and

 

   (g)   when one or more packages are placed in an overpack, the overpack only contains packages of goods permissible to be carried by Part 5 of the Technical Instructions and the overpack is marked and labelled in accordance with Part 5 of the Technical Instructions.

 

23.   Dangerous goods transport document

   (1) A shipper shall, before consigning any dangerous goods for carriage by air, ensure that the dangerous goods transport document-

 

   (a)   is completed in English in addition to any other language required by the State of Origin in accordance with Part 5 of the Technical Instructions; and

 

   (b)   contains a declaration signed by or on behalf of the shipper in Form 6 set out in Schedule 1, stating that the Technical Instructions have been complied with and that the dangerous goods are-

 

      (i)   fully and accurately described,

 

      (ii)   correctly classified, packed, marked and labelled, and (iii) in proper condition for carriage by air.

   (2) A shipper shall ensure that an operator of the aircraft is furnished with the dangerous goods transport document required by subregulation (1) and such other documents in respect of dangerous goods as are required by Part 4 and Part 5 of the Technical Instructions.

 

24.   Provision of training

   A shipper and any agent thereof shall ensure that before consignment of dangerous goods is offered to him or her for carriage by air, any person involved in its preparation has received training as specified in Chapter 4 of Part 1 of the Technical Instructions, to enable the person to carry out their responsibilities with regard to carriage of dangerous goods by air.

PART V
Documents, Records and Enforcement Powers (regs 25-27)

 

25.   Keeping of documents and records

   (1) An operator of an aircraft carrying dangerous goods as cargo shall ensure that the written information to the pilot-in-command required by regulation 19(1) a copy of the dangerous goods transport document required by regulation 23(2) and kept and are accessible until after the period of the flight on which dangerous goods were carried.

   (2) An operator of an aircraft carrying dangerous goods shall preserve for a period of not less than three months-

 

   (a)   the written information to the pilot-in-command as required by regulation 19(1);

 

   (b)   any dangerous goods transport document or other document in respect of dangerous goods which has been furnished to him or her by the shipper in accordance with regulation 23(2); and

 

   (c)   the record of any acceptance checklist completed in accordance with regulation 15(3).

   (3) The record referred to in subregulation 2(b) shall be in a legible form.

   (4) An operator who fails to preserve records in the manner specified under subregulation (2) commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

 

26.   Production of documents and records

   (1) An operator of an aircraft on which dangerous goods are to be or have been carried and any agent thereof shall, within a reasonable time after being requested to do so by an authorised person, produce or cause to be produced to that person the following documents as may have been requested by that person-

 

   (a)   the written approval referred to in regulation 6(3);

 

   (b)   a copy of the written information provided to the pilot-in-command of the aircraft in respect of any dangerous goods referred to in regulation 19(1);

 

   (c)   the dangerous goods transport document, or other document in respect of dangerous goods referred to in regulation 23(2); and

 

   (d)   the completed acceptance checklist in a legible form in respect of any dangerous goods, referred to in regulation 15(3).

   (2) An operator of an aircraft, shipper and any agent thereof shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

   (3) An operator, shipper and any agent thereof who fails without reasonable excuse to produce documents referred to under subregulation (1) when requested to do so, commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

   (4) The Authority may authorise, in writing, any person to inspect and make a copy of any certificate or approval or record required to be kept under these Regulations.

 

27.   Power of seizure and examination

   (1) An authorised person may examine, take samples of, and seize any goods which he or she has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

   (2) An authorised person may open or require to be opened any baggage or package which he or she has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.

   (3) Subject to subregulation (6), any sample taken or goods seized by the authorised person under this regulation shall be retained or kept for as long as the Authority considers it necessary in all circumstances for forensic examination, for investigation in connection with an offence or for use as evidence at a trial for an offence and shall be disposed of in such manner as the Authority considers appropriate.

   (4) A person from whom any goods have been seized may make an application in writing accompanied by evidence of ownership, to the Authority to have the goods released to him or her.

   (5) Where the Authority is satisfied that-

 

   (a)   the goods seized were not dangerous goods;

 

   (b)   the applicant is the owner of the goods seized; and

 

   (c)   further retention of the goods is not necessary for purposes of any criminal proceedings,

the Authority shall arrange for the goods concerned to be released to the applicant.

   (6) Where further retention of the goods is, in the opinion of the Authority, no longer necessary, and no application has been made under subregulation (4), or any such application has not been successful, the goods shall be destroyed or otherwise disposed of in accordance with the directions of the Authority.

PART VI
General (regs 28-30)

 

28.   Occurrence reporting

   (1) A local operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or mis-declared dangerous goods in cargo or passengers baggage, wherever it occurs, is reported to the Authority in Form 7 set out in the First Schedule.

   (2) A foreign operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or mis-declared dangerous goods in cargo or passengers baggage, which occurred in Botswana, is reported to the Authority.

   (3) A report required under subregulations (1) and (2) shall contain such of the following information as is appropriate to the occurrence-

 

   (a)   the date and location of the occurrence;

 

   (b)   the flight number and flight date;

 

   (c)   the description of the goods and the reference number of the air way bill, pouch baggage tag and ticket;

 

   (d)   the proper shipping name, including the technical name if applicable;

 

   (e)   the UN or ID number;

 

   (f)   the class or division in accordance with the Technical Instructions and any subsidiary risks;

 

   (g)   the type of packaging and packaging specification marking;

 

   (h)   the quantity of dangerous goods;

 

   (i)   the name and address of the shipper or passenger;

 

   (j)   the suspected cause of the occurrence, action taken and any other action taken;

 

   (k)   the name, title, address and contact number of the reporter; and

 

   (l)   any other relevant details.

   (4) A report referred to in subregulation (3) shall be in writing, or such other form as the Authority may approve provided that it is confirmed in writing within 24 hours by the person making the report, and shall be delivered to the Authority by the quickest available means within 72 hours of the occurrence coming to the knowledge of the reporter.

   (5) An operator who fails to report a dangerous goods accident, dangerous goods incident or the finding of undeclared or mis-declared dangerous goods commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

 

29.   Pilot-in-command's duty to inform air traffic services

   (1) A pilot-in-command of an aircraft carrying dangerous goods as cargo shall, in the event of an in-flight emergency and as soon as the situation permits, inform the appropriate air traffic services unit of those dangerous goods in detail or as a summary or by reference to the location from where the detailed information can be obtained immediately.

   (2) A pilot-in-command who fails in the event of an in-flight emergency, without reasonable excuse, to inform air traffic services unit of dangerous goods carried as cargo commits an offence and shall be liable to a fine not exceeding P5 000, or imprisonment for a term not exceeding one year, or to both.

 

30.   Flying for agricultural, horticultural, forestry, etc.

   Subject to the provisions of regulation 6(1), nothing contained in these Regulations shall apply to any aircraft flying solely for the purpose of agriculture, horticulture, forestry or pollution control.

SCHEDULE 1

Form 1
APPLICATION FOR CERTIFICATE TO CARRY DANGEROUS GOODS

 

(reg 5 (1), reg 7 (1), reg 10)

 

Please tick where applicable 

Initial Renewal Variation  

I. Applicant Information: 

Airline/Operator Name:.................................................................................................. 

Full Address:........................................................ 

Tel. No:. ................................................... Fax No.: .................................................... 

E-mail : ................................................................ Web:.............................................. 

II. Aircraft to be used (attach separate paper if necessary) 

Aircraft type: Registration Marks Maximum All Up Weight 

III. Applicant Undertaking: 

We/ I undertake the following: 

1.    To train and maintain competency of personnel handling Dangerous Goods in accordance with the Civil Aviation (Dangerous Goods) Regulations. 

2.   To ensure that the goods will be packed,marked, labelled and handled in accordance with ICAO Annex 18: Safe Transport of Dangerous Goods by Air, and the requirements of the ICAO Technical Instructions. 

3.   To ensure that required Dangerous Goods Procedures, including Reporting of occurrences and Accidents/ Incidents, are complied with in accordance with the Civil Aviation (Dangerous Goods) Regulations and the Civil Aviation (Air Operator Certification and Administration) Regulations. 

Authorised Signature: ......................................................................................... Date: 

Name and Title:........................................................................................................... 

FOR CAAB USE ONLY 

The above application is hereby approved from:............................ to ............................... 

on condition that the provisions of ICAO Technical Instructions and the Civil Aviation (Dangerous Goods) Regulations are complied with. 

Authorised Signature: ................................................ 

Date : ....................................................... Stamp: ...................................................... 

Notes on Completion of the Form:.................................................................................. 

1.   The Operator (Airline) is required to complete the form providing all details in BLOCK PRINT. 

2.   The completed application (original form) must be delivered to the Civil Aviation Authority of Botswana: 

3.   Operator (Airline) must ensure that the goods are within the limitations of the Dangerous Goods Regulations and are packed, marked, labelled and documented in accordance with the Technical Instructions.

Form 2
CERTIFICATE FOR THE CARRIAGE OF DANGEROUS GOODS BY AIR

 

(reg 5 (3))

 

This is to certify that: 

[OPERATOR] 

has satisfactorily complied with all the requirements stipulated in the Civil Aviation (Dangerous Goods) Regulations of Botswana and the Standards contained in the Annex 18 to the Convention on International Civil Aviation and its Technical Instructions in respect of the carriage of Dangerous Goods by Air. Hence [ ] has been authorised to handle / transport Dangerous Goods by Air into, out of, over or within Botswana. 

This Certificate remains valid for a period of [ ] from the date of issue unless sooner suspended, revoked or withdrawn. 

The validity of this certificate is dependent on the certificate holders continued compliance with the initial certification requirements. 

Date 

_______________________ 

Signature 

_______________________ 

Civil Aviation Authority of Botswana

Form 3
APPLICATION FOR AN APPROVAL TO CARRY DANGEROUS GOODS BY AIR

 

(reg 6 (2), reg 6 (7))

 

 

Initial Application: Extension: 

 

 

 

PART A - THE DANGEROUS GOODS 

Proper
Shipping
Name,
include
technical
name for n.o.s
entries 

UN Number 

Hazard
Class/
Division
(subsidiary
classes in
brackets) 

Packing
Group 

NEQ (Class
1) or TI (Class 7) 

Packing
Instruction
Used (if
applicable) 

Quantity per
Package and
Number of
Packages 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How does the proposed shipment not comply with the ICAO Annex 18 and the ICAO Technical Instructions, or for which Special Provision, is approval/exemption being sought? Give full details

Is UN approved packing material being used - is it applicable to these dangerous goods?What remedial packing/ modification is proposed to achieve an equivalent level of safety?

Why are other modes of transport impractical? Why is it essential that the article/substance be carried by air? How is carriage in the public interest?

Are there any special handling requirements or special emergency response information? Attach a copy if necessary.

 

 

PART B - THE CONSIGNOR or SHIPPER Complete all details and sign where indicated. 

 

Applicants name - please provide Legal Entity and Trading Name if necessary.

Contact person (if different from above): 

Address: 

 

Tel: 

 

Email:

Who is responsible for packing the dangerous goods? 

Do the people responsible hold a current and valid dangerous goods training certificate? 

 

Yes No 

 

If Yes, give details of training organisation and date of training or attach a copy of their qualification.

 

 

Aircraft type: .................................... Registration Marks: ..........................................................................

Aircraft Category: Cargo Only: Cargo and Passenger: Aerial Work:

Point/country of departure: ............................................ Point/country of Destination:...................................................

Point/country of Transit: ..................................... Point/country of Over flight: .............................................. 

Anticipated start date: ............................................... Anticipated end date: ................................................ 

FOR CAAB USE ONLY 

The above application is hereby approved from: to 

on condition that the provisions of ICAO Technical Instructions and the Civil Aviation (Dangerous Goods) Regulations are complied with. 

Authorised Signature: ................................................................ 

Date : ...................................................................... Stamp: 

 

Notes on Completion of the Form: 

1.   The Operator (Airline) is required to complete the form providing all details in BLOCK PRINT. 

2.   The completed application (original form) must be delivered to the Civil Aviation Authority of Botswana. 

3.   The Operator (Airline) must ensure that the goods are within the limitations of the Dangerous Goods Regulations and are packed, marked, labelled and documented in accordance with the Technical Instructions.

Form 4
APPROVAL FOR THE CARRIAGE OF DANGEROUS GOODS BY AIR

 

(reg 6 (3))

 

This is to certify that, 

[OPERATOR] 

[ ] is authorised to transport the following Dangerous Goods by Air into, out of, over or within Botswana: 

................................................................................................................................................. 

................................................................................................................................................. 

................................................................................................................................................. 

On the following flight(s): 

................................................................................................................................................. 

................................................................................................................................................. 

................................................................................................................................................. 

has satisfactorily complied with all the requirements stipulated in the Civil Aviation (Dangerous Goods) Regulations of Botswana and the Standards contained in the Annex 18 to the Convention on International Civil Aviation and its Technical Instructions in respect of carriage of Dangerous Goods by Air. Hence [ ] has been authorised to handle/ transport Dangerous Goods by Air into, out of, over or within Botswana. 

This Approval remains valid until the completion of the intended carriage but not later than one month from the date of issue. 

Conditions applicable (if any); 

 

 

 

 

The validity of this approval is dependent on the approval holders continued compliance with the initial certification requirements. 

Date 

.............................................................
Signature 

.............................................................
Civil Aviation Authority of Botswana

Form 5
ACCEPTANCE CHECKLIST

 

(reg 15 (3))

 

ACCEPTANCE CHECKLIST FOR NON-RADIO ACTIVE SHIPMENT

This checklist is intended to verify shipment at origin.

Never accept or refuse a shipment before all items have been checked.

Is the following information correct for each entry? Tick the appropriate. 

SHIPERS DECLARATION FOR DANGEROUS GOODS (DGD) 

YES 

NO 

N/A 

1. Two copies in English and in the IATA format 

 

 

 

2. Full name and address of shipper and consignee 

 

 

 

3. If the Air Way bill number is not shown, enter it 

 

 

 

4. The number of pages shown 

 

 

 

5. The non applicable aircraft type deleted 

 

 

 

6.   If full name of airport or city of departure and or destination is not entered, enter it 

 

 

 

7. The word "Non-Radio Active" deleted 

 

 

 

IDENTIFICATION 

 

 

 

8. UN Number, preceded by prefix "UN" 

 

 

 

9.   Proper shipping name and the technical name in brackets for asterisked entries 

 

 

 

10. Class or Division number, and for class 1, the compatibility group 

 

 

 

11. Subsidiary risk in parentheses, immediately following class or division 

 

 

 

12. Packing Group 

 

 

 

QUANTITY AND TYPE OF PACKING 

 

 

 

13. Number and Type of Packages 

 

 

 

14. Quantity and unit of measure (Net or Gross followed by "G", as applicable) within per package measure 

 

 

 

15 .When different dangerous goods are packed in one outer packaging, the following rules are complied with: 

 

 

 

   "¢   "All packed in one (type of packaging)" 

 

 

 

   "¢   Calculating of "Q" value must not exceed 1 

 

 

 

16. Overpack 

 

 

 

   "¢   Wording "Overpack" used 

 

 

 

PACKING INSTRUCTIONS 

 

 

 

17. Packing instruction number 

 

 

 

 

 

AUTHORISATIONS 

 

 

 

18. Wording "Limited Quantity" or "Ltd. Qty." if "Y" packing instruction is used 

 

 

 

19. Confirm application of relevant special provisions, the Special Provisions number if A1, A2, A51, A81 or A109 

 

 

 

20. Indication that governmental authorisation is attached, including a copy in English if any other language was used. 

 

 

 

Additional approvals for other items 

 

 

 

 

 

 

 

ADDITIONAL HANDLING INFORMATION 

 

 

 

21. The mandatory statement shown for self-reactive and related substances of Division 4.1 and organic peroxides of Division 5.2 or samples thereof 

 

 

 

22. Name and telephone number of a responsible person for Division 6.2 Infectious Substances shipment 

 

 

 

23. The Air Transport statement included 

 

 

 

24. Name and title (or Department) of signatory, place and date intended 

 

 

 

25. Signature of shipper 

 

 

 

26. Amendment or alteration signed by shipper 

 

 

 

AIR WAYBILL - HANDLING INFORMATION 

 

 

 

27. The statement : "Dangerous goods as per attached Shippers Declaration" or "Dangerous goods as per attached DGD" 

 

 

 

28. "Cargo aircraft only" or "CAO" if applicable 

 

 

 

29.Where non-dangerous goods are included, the number of dangerous goods shown 

 

 

 

PACKAGE(S) AND OVERPACK 

 

 

 

30. Packing conforms with packing instruction and is free from damage or leakage 

 

 

 

31. Same number and types of packagings and overpack delivered as shown in the DGD 

 

 

 

32. UN Specification packaging , marked according to the TIs

 

 

 

   "¢   Symbol and specification code

 

 

 

   "¢   X,Y or Z meets or exceeds packing group/packing instruction requirements

 

 

 

   "¢   Gross weight within limits (solids or inner packaging)

 

 

 

   "¢   Infectious substances package marking

 

 

 

33. The UN or ID number(s). 

 

 

 

 

34. The proper shipping name(s) including technical name where required 

 

 

 

35. The full name(s) and address(es) of shipper and consignees 

 

 

 

36. The net quantity of explosives and gross weight of the package for Class 1 items 

 

 

 

37. For consignments of one or more packages of Classes 2 to 6 and 8 the net quantity, or gross weight followed by "G", as applicable, unless contents are identical, marked on the packages 

 

 

 

38. Carbon Dioxide, Solid (Dry-ice), the net quantity marked on the packages 

 

 

 

39. The name and telephone number of a responsible person for Division 6.2 Infectious Substances shipment 

 

 

 

40. The Special Markings requirements shown for Packing Instructions 

 

 

 

41. Limited Quantity packaging marked "LIMITED QUANTITY" or "LTD. QTY" 

 

 

 

LABELLING 

 

 

 

42. The label(s) identifying the Primary risk as identified in the TIs 

 

 

 

43. The label(s) identifying the Subsidiary risk next to the Primary risk label(s) as identified in the TIs 

 

 

 

44. Cargo Aircraft only label on the same surface NEAR THE Hazard Label(s) 

 

 

 

45. "Orientation" label(s) if applicable 

 

 

 

46. "Magnetized Material" label, if applicable 

 

 

 

47. "Cryogenic Liquid" label(s) if applicable 

 

 

 

48. "Keep away from Heat" label(s) if applicable 

 

 

 

49. All above labels correctly affixed and all irrelevant marks and labels removed 

 

 

 

FOR OVERPACKS 

 

 

 

50. Packaging use markings and Hazard and Handling labels, as required must be clearly visible or reproduced on the outside of the overpack 

 

 

 

51. The word "Overpack" marked if all markings and labels are not visible. 

 

 

 

52. If more than one overpack is used, identification marks shown and total quantity of dangerous goods 

 

 

 

53. "Cargo Aircraft Only" restrictions 

 

 

 

GENERAL 

 

 

 

54. State and Operator variations complied with 

 

 

 

55. Cargo Aircraft Only shipments, a cargo aircraft operates on all sectors 

 

 

 

 

 

 

 

 

Comments: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Checked by: 

 

 

 

 

 

 

 

Place: ........................................... Signature:........................................... 

 

 

 

 

 

 

 

Date: Time: 

 

 

 

IF ANY BOX IS CHECKED "NO", DO NOT ACCEPT THE SHIPMENT AND GIVE A DUPLICATE COPY OF THIS COMPLETED FORM TO THE SHIPPER.

Form 6
DECLARATION BY SHIPPER

 

(reg 23 (1) (b))

 

Shipper:

Air Waybill no.: Page ........ of ........ Pages

 

Shippers reference No.
(optional)

Consignee:

For optional use

 

Company logo, name & address

Two completed and signed copies of this Declaration Form must be handed to the operator

WARNING

TRANSPORT DETAILS
This shipment is within the
limitations prescribed for
(delete non-applicable) 

Airport of Departure:

Failure to comply in all respects with the applicable Dangerous Goods Regulations may
be in breach of t 

Passenger
and cargo
aircraft 

Cargo
aircraft only

Airport of Destination:

Shipment type: (delete non-applicable

Non-
radioactive 

Radioactive 

 

NATURE AND QUANTITY OF DANGEROUS GOODS 

UN or ID No. 

Proper
Shipping
Name 

Class or Division
(subsidiary risk) 

Packing
Group 

Quantity and
Type of
Packing 

Packing Inst 

Authorisation

Additional handling information: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I hereby declare that the contents of this consignment are fully
and accurately described above by the proper shipping name,
and are classified, packaged, marked and labelled/placarded,
and are in all respects in proper condition for transport
according to applicable International and National
Governmental Regulations. I declare that all of the applicable
air transport requirements have been met.

Name and Title of signatory:

 

Place and Date:

 

Signature:
(see warning above)

Form 7
DANGEROUS GOODS ACCIDENT/INCIDENT REPORT

 

(reg 28 (1))

 

Tick type of occurrence 

Accident.......... 

Incident.......... 

Other Occurrence......... 

Operator:

Date of Occurrence: 

Local time of
Occurrence: 

Flight Date:

Flight Number: 

Departure Airport:

Destination Airport: 

Aircraft Type:

Aircraft Registration: 

Location of Occurrence:

Origin of the Goods:

Description of the occurrence, including details of injury, damage, etc. (if necessary continue on the next page)

Proper Shipping Name (including the technical name): 

UN/ID no. 

Class/Division (when
known): 

Subsidiary risk: 

Packing group: 

Category, (class 7 only): 

Type of packaging 

Packing specification
marking: 

No. of packages: 

Quantity (or transport
index, if applicable):

Reference no. of Air Waybill:

Reference no. of courier pouch, baggage, tag or passenger ticket:

Name and address of shipper, agent, passenger, etc:

Other relevant information (including a suspected cause, any action taken):

Name and title of person reporting:

Telephone no.:

Company/dept. code, E-mail address:

Reporter Ref.:

Address:

Date and signature:

 

 

Description of the Occurrence (continuation):

Other relevant information (continuation): 

 

Notes: 

1.   Any type of Dangerous Goods Occurrence must be reported, irrespective of whether the dangerous goods are contained in cargo, mail or baggage. 

2.   A dangerous goods accident is an occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person or major property damage. For this purpose serious injury is an injury which is sustained by a person in an accident which: 

a.   Requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; 

b.   Results in a fracture of any bones (except simple fractures of fingers, toes, nose); 

c.   Involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage; 

d.   Involves injury to any internal organ; 

e.   Involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or 

f.   Involves verified exposure to infectious substances or injurious radiation. A dangerous goods accident may also be an aircraft accident; in which case the normal procedure for reporting of air accidents must be followed. 

3.   A dangerous goods incident is an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardises the aircraft or its occupants is also deemed to constitute a dangerous goods incident. 

4.   This form should also be used to report any occasion when undeclared ormis-declared dangerous goods are discovered in cargo or accompanied baggage or when accompanied baggage contains dangerous goods which passengers or crew are not permitted to take on board aircraft. 

5.   An initial report should be dispatched within 72 hours of the occurrence to the competent authority of the State (a) of the operator; and (b) in which the incident occurred, unless exceptional circumstances prevent this. The initial report may be made by any means but a written report should be sent to the Authority as soon as possible. 

6.   Copies of all relevant documents and any photographs should be attached to this report. 

7.   Any further information, or any information not included in the initial report must be sent as soon as possible to authorities identified in note 5 above. 

8.   Provided it is safe to do so, all dangerous goods, packagings, documents, etc. relating to the occurrence must be retained until after the initial report has been sent to the authorities identified in note 5 and they have indicated whether or not these should continue to be retained.

SCHEDULE 2

 

(reg 5(2,) reg 5(3), reg 6(2), reg 6(3), reg 7(2)(b), reg 8(1), reg 11, reg 12)

 

No 

Description 

Fees (BWP) 

Application for Certificate to carry Dangerous Goods: 

250 

 

Initial application for Certificate to carry Dangerous 

125 

 

Goods Application for renewal of Certificate to Carry Dangerous Goods 

100 

 

Variation to Certificate to Carry Dangerous Goods 

 

 

 

 

Certificate to Carry Dangerous Goods 

15 for every 100kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate 

Variation to Certificate to carry Dangerous Goods 

10 for every 100kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate 

Application for approval to carry Dangerous Goods
Initial application for Approval to carry Dangerous
Goods Application for extension of Approval to carry
dangerous Goods 

-nil-
125 

Approval to Carry Dangerous Goods 

250 

Issuance of duplicate Certificate or Approval 

125 

Application for Validation of Foreign Certificate to
Carry Dangerous Goods 

250 

Validation of Foreign Certificate to Carry Dangerous
Goods 

375 

Application for Exemption to carry dangerous goods 

 

10 

Issuance of Exemption to carry Dangerous Goods 

 

 

 

Notes: 

1.   Any type of Dangerous Goods Occurrence must be reported, irrespective of whether the dangerous goods are contained in cargo, mail or baggage. 

2.   A dangerous goods accident is an occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person ormajor property damage. For this purpose serious injury is an injury which is sustained by a person in an accident which: 

a.   Requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; 

b.   Results in a fracture of any bones (except simple fractures of fingers, toes, nose); 

c.   Involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage; 

d.   Involves injury to any internal organ; 

e.   Involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or 

f.   Involves verified exposure to infectious substances or injurious radiation. A dangerous goods accident may also be an aircraft accident; in which case the normal procedure for reporting of air accidents must be followed. 

3.   A dangerous goods incident is an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft or its occupants is also deemed to constitute a dangerous goods incident. 

4.   This form should also be used to report any occasion when undeclared ormis-declared dangerous goods are discovered in cargo or accompanied baggage or when accompanied baggage contains dangerous goods which passengers or crew are not permitted to take on board aircraft. 

5.   An initial report should be dispatched within 72 hours of the occurrence to the competent authority of the State (a) of the operator; and (b) in which the incident occurred, unless exceptional circumstances prevent this. The initial report may be made by any means but a written report should be sent to the Authority as soon as possible. 

6.   Copies of all relevant documents and any photographs should be attached to this report. 

7.   Any further information, or any information not included in the initial report must be sent as soon as possible to authorities identified in note 5 above. 

8.   Provided it is safe to do so, all dangerous goods, packagings, documents, etc. relating to the occurrence must be retained until after the initial report has been sent to the authorities identified in note 5 and they have indicated whether or not these should continue to be retained.

CIVIL AVIATION (SEARCH AND RESCUE) REGULATIONS

 

(section 89)

 

(23rd March, 2012)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   National Search and Rescue Coordination Committee

 

   4.   Functions of National Search and Rescue Coordination Committee

 

   5.   Search and rescue regions

 

   6.   Manual

 

   7.   Registration of emergency locator beacons

 

   8.   Rescue Coordination Centres and Rescue Sub-centres

 

   9.   Functions of Rescue Coordination Centres and Rescue Sub-centres

 

   10.   Procedures for Rescue Coordination Centres

 

   11.   Requisitioning of aircraft and vessels

 

   12.   Search and rescue measures regarding aircraft

 

   13.   Search and rescue communications

 

   14.   Search and rescue units

 

   15.   Procedures at scene of accident

 

   16.   Procedures for pilot-in-command

 

   17.   Filing of disaster management and aerodrome emergency plans

 

   18.   Reporting of aircraft or vessel in distress

 

   19.   Training of search and rescue personnel

 

   20.   Search and rescue signals

 

   21.   Offences and Penalties

 

 

 

      SCHEDULE

 

 

S.I. 19, 2012.

 

1.   Citation

   These Regulations may be cited as the Civil Aviation (Search and Rescue) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "alert phase" means a situation where apprehension exists as to the safety of an aircraft and its occupants.

   "alerting post" means any facility intended to serve as an intermediary between a person reporting an emergency and a Rescue Coordination Centre or Rescue Sub-centre;

   "distress phase" means a situation where there is a reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger and require immediate assistance;

   "emergency phase" includes uncertainty phase, alert phase or distress phase;

   "requisition" means an official order laying claim to the use of an aircraft for search and rescue purposes;

   "rescue" means an operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety;

   "Rescue Coordination Centre" means a unit responsible for promoting efficient organisation of search and rescue services and for coordinating the conduct of search and rescue operations within a search and rescue region;

   "Rescue Sub-centre" means a unit subordinate to a Rescue Coordination Centre, established to complement the latter according to particular provisions of the responsible authorities;

   "search" means an operation normally coordinated by a Rescue Coordination Centre or Rescue Sub-centre using available personnel and facilities to locate persons in distress;

   "search and rescue aircraft" means an aircraft provided with specialised equipment suitable for the efficient conduct of search and rescue missions;

   "search and rescue region" means an area of defined dimensions, associated with a Rescue Coordination Centre, within which search and rescue services are provided;

   "search and rescue service" means the performance of distress monitoring, communication, coordination and search and rescue functions, initial medical assistance or medical evacuation, through the use of public and private resources, including cooperating aircraft, vessels and other craft and installations;

   "search and rescue unit" means a mobile resource composed of trained personnel and provided with equipment suitable for the expeditious conduct of search and rescue operations;

   "State aircraft" includes-

 

   (a)   aircraft used or commanded by the Botswana Defence Force, the Botswana Police Service, Department of Wildlife and National Parks, Directorate of Intelligence and Security or customs service; and

 

   (b)   aircraft used in the military, security, customs or police service of a foreign State;

   "uncertainty phase" means a situation wherein uncertainty exists as to the safety of an aircraft and its occupants; and

   "vessel" means a craft used for travelling on water and includes a boat or ship.

 

3.   National Search and Rescue Coordination Committee

   (1) There is hereby established a committee to be known as the National Search and Rescue Coordination Committee which shall consist of the following members-

 

   (a)   the Commander or representative of the Botswana Defence Force;

 

   (b)   the Commissioner of Police or a representative of the Botswana Police Service;

 

   (c)   the Chief Immigration Officer;

 

   (d)   the Director of Wildlife and National Parks;

 

   (e)   the Director of Public Health Services; and

 

   (f)   a representative from-

 

      (i)    the ministry responsible for foreign affairs and international cooperation,

 

      (ii)   the private health sector,

 

      (iii)   the aviation industry, and

 

      (iv)   the telecommunications industry, appointed by the Minister.

   (2) The Chief Executive Officer of the Authority shall be the Chairperson of the National Search and Rescue Coordination Committee and in the absence of the Chief Executive Officer, the Chief Executive Officers delegate shall be the Chairperson.

   (3) The object of the National Search and Rescue Coordination Committee shall be to direct and ensure a coordinated and effective search and rescue service within the search and rescue regions established under regulation 5.

 

4.   Functions of National Search and Rescue Coordination Committee

   (1) The National Search and Rescue Coordination Committee shall, within its means and capabilities, coordinate its resources to search for, assist and, where appropriate, effect a rescue operation for-

 

   (a)   survivors of aircraft crashes or forced landings; and

 

   (b)   survivors of any State aircraft accident or incident where the aircraft is not engaged in an act of war.

   (2) The functions set out in subregulation (1)(a) exclude salvage operations.

   (3) The National Search and Rescue Coordination Committee shall, in performing its functions, endeavour to cooperate with disaster management agencies established in terms of any law providing for the management of disasters.

 

5.   Search and rescue regions

   (1) The Minister shall, by notice in the Government Gazette, publish the search and rescue regions within which search and rescue services shall be provided.

   (2) The Authority shall publish the gazetted search and rescue regions referred to in subregulation (1) in the relevant aeronautical publications.

   (3) The search and rescue regions contemplated in subregulation (1) shall be in accordance with-

 

   (a)   the Botswana Boundaries Act; or

 

   (b)   any relevant search and rescue agreements entered into with another State.

   (4) The National Search and Rescue Coordination Committee may perform search and rescue services outside Botswana in accordance with any agreement signed by the Minister with another State.

 

6.   Manual

   The National Search and Rescue Coordination Committee shall compile a manual regarding search and rescue services and operation matters connected therewith and shall keep and maintain the manual up to date.

 

7.   Registration of emergency locator beacons

   (1) The owner of any aircraft required to carry emergency locator beacons shall register such emergency locator beacons with the organisations or institutions designated in terms of regulation 8.

   (2) The owner of any aircraft registered in Botswana which carries an emergency locator beacon shall register such emergency locator beacon with the organisations or institutions designated in terms of regulation 8.

 

8.   Rescue Coordination Centres and Rescue Sub-centres

   (1) Subject to subregulation (3), the Authority shall appoint-

 

   (a)   organisations or institutions to act as Rescue Coordination Centres;

 

   (b)   organisations or institutions to act as Rescue Sub-centres;

 

   (c)   organisations or institutions to act as registrars and custodians of registers of emergency locator beacons contemplated in regulation 7.

   (2) The Authority shall designate a Rescue Coordination Centre for a search and rescue region.

   (3) Any appointment contemplated in subregulations (1) and (2) shall be-

 

   (a)   done in accordance with an agreement reached with the applicable organisation or institution; and

 

   (b)   published by notice, by the Authority, in the Gazette as well as in relevant aeronautical publications.

   (4) The organisations or institutions appointed in terms of subregulation (1)(a) and (b) shall, with the agreement of the National Search and Rescue Coordination Committee, appoint their respective Heads.

   (5) A Head of a Rescue Coordination Centre or Rescue Sub-centre shall establish and preside over an operations committee to discuss, evaluate and effect operational procedures.

   (6) An operations committee shall consist of persons representing organisations controlling the resources available to that Rescue Coordination Centre or Rescue Sub-centre.

 

9.   Functions of Rescue Coordination Centres and Rescue Sub-centres

   (1) A Head of a Rescue Coordination Centre or any person authorised by the Head shall be responsible for co-coordinating available resources for the purpose of searching, assisting and, where appropriate, effecting a rescue operation in that Rescue Coordination Centres search and rescue region.

   (2) A Head of a Rescue Sub-centre shall assist the Head of a Rescue Coordination Centre in carrying out assigned duties in a particular area or instance.

   (3) The appointment of a Rescue Coordination Centre contemplated in regulation 8(2) does not preclude that Rescue Coordination Centre from-

 

   (a)   operating in another region; or

 

   (b)   performing the tasks of another rescue co-ordination centre.

 

10.   Procedures for Rescue Coordination Centres

   (1) A search and rescue operation that has commenced shall continue, where practicable, until all survivors are delivered to a place of safety or until all reasonable hope of rescuing survivors has passed.

   (2) A Rescue Coordination Centre shall be responsible for determining when to discontinue search and rescue operations.

   (3) Where a search and rescue operation has been successful, or where a Rescue Coordination Centre considers; or is informed that an emergency no longer exists-

 

   (a)   the emergency phase shall be cancelled;

 

   (b)   the search and rescue operation shall be terminated; and

 

   (c)   any authority, facility or service that has been notified or activated shall be promptly informed.

   (4) Where a search and rescue operation becomes impracticable and the Rescue Coordination Centre concludes that there might still be survivors, the Rescue Coordination Centre shall temporarily suspend on-scene activities pending further developments and shall promptly inform any authority, facility or service which has been activated or notified.

   (5) Where a Rescue Coordination Centre subsequently receives relevant information concerning a search and rescue operation that was terminated or temporarily suspended, the Rescue Coordination Centre shall evaluate the information; and the search and rescue operation shall be resumed when justified and practicable.

 

11.   Requisitioning of aircraft and vessels

   (1) Subject to subregulation (2), the Authority may for purposes of any search and rescue operation-

 

   (a)   requisition any civil aircraft or vessel;

 

   (b)   request the assistance of any State aircraft or vessel; or

 

   (c)   instruct any holder of a Botswana aircraft flight crew licence or the master of a vessel to assist in the operation.

   (2) Where the Authority contemplates requisitioning a civilian aircraft or vessel or instructing a civilian holder of a Botswana aircraft flight crew licence or the master of a vessel, the Authority may do so only if-

 

   (a)   human life is in immediate and grave danger; and

 

   (b)   there are no other means available to conduct the operation.

   (3) Any person who without lawful reason, fails to give effect to a requisition or to comply with an instruction contemplated in subregulation (1) commits an offence and shall be liable, on conviction, to a fine not exceeding P50 000, or to imprisonment for a period not exceeding five years.

 

12.   Search and rescue measures regarding aircraft

   (1) Subject to these Regulations, any search and rescue operations shall be undertaken in accordance with the Search and Rescue manual.

   (2) The Authority shall, where an aircraft has failed to reach its destination or is reported missing, immediately institute search and rescue operations if the flight plan was filed prior to departure and the flight in question was-

 

   (a)   between aerodromes where air traffic services are provided, unless otherwise indicated-

 

      (i)    on the flight plan,

 

      (ii)    through aeronautical publication, or (iii) through notices;

 

   (b)   conducted in airspace within which air traffic control services are provided; or

 

   (c)   a flight to an aerodrome where air traffic services are not provided, if search and rescue operations are specifically requested by the pilot- in-command.

   (3) A search and rescue operation shall be instituted in respect of all flights where-

 

   (a)   a flight plan was filed and not closed;

 

   (b)   in respect of a flight for which no flight plan has been filed, information is received, from any source, that the aircraft is overdue or missing; or

 

   (c)   for any aircraft which is believed to be in need of assistance or is in distress.

   (4) Where a search and rescue operation is conducted, the relevant Rescue Coordination Centre shall inform the Authority of the progress made and the termination of the search and rescue operation.

   (5) Any person who causes the initiation of a search and rescue operation by failure to or omission to close a flight plan commits an offence and shall be liable, on conviction, to a fine not exceeding P50 000, or to imprisonment for a period not exceeding 10 years, or to both.

 

13.   Search and rescue communications

   (1) A Rescue Coordination Centre shall have means of rapid and reliable two-way communication with-

 

   (a)   air traffic services units;

 

   (b)   Rescue Sub-centres;

 

   (c)   direction-finding and position-fixing stations;

 

   (d)   the headquarters of search and rescue units in the region;

 

   (e)   a designated meteorological office or meteorological watch office;

 

   (f)   search and rescue units; and

 

   (g)   alerting posts.

   (2) A Rescue Sub-centre shall have means of rapid and reliable two-way communication with-

 

   (a)   adjacent Rescue Sub-centres;

 

   (b)   a meteorological office or meteorological watch office;

 

   (c)   search and rescue units; and

 

   (d)   alerting posts.

 

14.   Search and rescue units

   (1) The Authority shall designate, as search and rescue units, elements of public or private services suitably located and equipped for search and rescue operations, and without prejudice to the generality of the foregoing, the Authority may designate the following as search and rescue units-

 

   (a)   the Botswana Defence Force;

 

   (b)   the Police Service;

 

   (c)   the Fire Brigade; and

 

   (d)   the Department responsible for wildlife.

   (2) The Authority shall designate, as parts of a search and rescue plan of operation, elements of public or private services that do not qualify as search and rescue units but are nevertheless able to participate in search and rescue operations.

   (3) The Authority shall, when designating elements of public or private services as search and rescue units in accordance with subregulation (1), ascertain that the public or private services have the following-

 

   (a)   a rapid and reliable two-way communication system;

 

   (b)   an equipment enabling communication on aeronautical distress frequencies, on scene frequencies and on such other frequencies as may be prescribed;

 

   (c)   a device for homing in on distress frequencies;

 

   (d)   an Emergency Locator Transmitter (ELT); or

 

   (e)   an equipment that can communicate with aircraft on the following frequencies 243 MHz and 121.5 MHz.

 

15.   Procedures at scene of accident

   (1) Where multiple facilities are engaged in search and rescue operations on-scene, the Rescue Coordination Centre or Rescue Sub- centre shall designate one or more units on-scene to coordinate all actions to help ensure the safety and effectiveness of air and surface operations, taking into account facility capabilities and operational requirements.

   (2) Where a pilot-in-command observes that either another aircraft or a surface craft is in distress, the pilot-in-command shall, if possible and unless considered unreasonable or unnecessary-

 

   (a)   keep the craft in distress in sight until compelled to leave the scene or advised by the Rescue Coordination Centre that it is no longer necessary;

 

   (b)   determine the position of the craft in distress;

 

   (c)   where appropriate, report to the Rescue Coordination Centre or air traffic services unit as much of the following information as possible

 

      (i)   type of craft in distress, its identification and condition,

 

      (ii)   its position, expressed in geographical or grid coordinates or in distance and true bearing from a distinctive landmark or from a radio navigation aid,

 

      (iii)   time of observation expressed in hours and minutes Coordinated Universal Time (UTC),

 

      (iv)   number of persons observed,

 

      (v)   whether persons have been seen to abandon the craft in distress,

 

      (vi)   on-scene weather conditions,

 

      (vii)   apparent physical condition of survivors,

 

      (viii)   apparent best ground access route to the distress site; and

 

   (d)   act as instructed by the Rescue Coordination Centre or the air traffic services unit.

   (3) Where an aircraft is first to reach the scene of an accident and that air-craft is not a search and rescue aircraft, the pilot-in-command of the aircraft shall take charge of on-scene activities of all other aircraft subsequently arriving until the first search and rescue aircraft reaches the scene of the accident.

   (4) Where an aircraft is unable to establish communication with the appropriate Rescue Coordination Centre or air traffic services unit, the pilot-in-command, referred to in subregulation (3), shall, by mutual agreement, hand over charge of the on-scene activities to the pilot-in- command of an aircraft capable of establishing and maintaining such communications until the arrival of the first search and rescue aircraft.

   (5) Where it is necessary for an aircraft to convey information to survivors or surface rescue units, and two-way communication is not available, the pilot-in-command shall, if practicable, drop communication equipment that would enable direct contact to be established, or convey the information by dropping a hard copy message.

   (6) Where a ground signal has been displayed, the pilot-in-command of an aircraft shall indicate whether the signal has been understood or not by the means described in subregulation (4) or, if this is not practicable, by making the appropriate visual signal.

   (7) Where it is necessary for an aircraft to direct a surface craft to the place where an aircraft or surface craft is in distress, the pilot-in-command of an aircraft shall-

 

   (a)   do so by transmitting precise instructions by any means at its disposal; and

 

   (b)   if radio communication cannot be established, the aircraft shall make the appropriate visual signal.

   (8) Any person who unlawfully interferes with search and rescue operations commits an offence and shall be liable, on conviction, to a fine not exceeding P15 000, or to imprisonment for a period not exceeding 18 months, or to both.

 

16.   Procedures for pilot-in-command

   Where the pilot-in-command of an aircraft, intercepts a distress transmission, the pilot-in-command shall, if feasible-

 

   (a)   acknowledge the distress transmission;

 

   (b)   record the position of the craft in distress if given;

 

   (c)   take a bearing on the transmission;

 

   (d)   inform the appropriate Rescue Coordination Centre or air traffic services unit of the distress transmission, giving all available information; and

 

   (e)   at the pilots discretion, while awaiting instructions, proceed to the position given in the transmission.

 

17.   Filing of disaster management and aerodrome emergency plans

   (1) All aerodrome managers are required to file their emergency plans and any amendments thereto with the nearest Rescue Coordination Centre.

   (2) All Heads of disaster management agencies established in terms of any law providing for the management of disasters are required to file their emergency plans in respect of aircraft incidents, and any amendments thereto, with the nearest Rescue Coordination Centre.

 

18.   Reporting of aircraft or vessel in distress

   (1) A person who knows or has reason to believe that an aircraft or vessel is in distress shall report the occurrence at a police station nearest to that person or at such other office or facility or to a dedicated emergency number as the National Search and Rescue Coordination Committee may determine.

   (2) The Authority shall publish the addresses and telephone numbers of the offices or facilities contemplated in subregulation (1)-

 

   (a)   by notice in the Gazette; and

 

   (b)   by any means of the printed and electronic media so as to ensure wide publicity.

 

19.   Training of search and rescue personnel

   The Authority shall provide for regular training of its search and rescue personnel and arrange appropriate search and rescue exercises in order to achieve and maintain maximum efficiency in search and rescue services.

 

20.   Search and rescue signals

   (1) The air-to-surface and surface-to-air visual signals in the Schedule shall, when used, have the meaning indicated therein.

   (2) The signals shall be used only for the purpose indicated and no other signals likely to be confused with those signals shall be used.

   (3) Where the pilot-in-command of an aircraft observes any of the signals in the Schedule, the pilot-in-command of the aircraft shall take such action as may be required by the interpretation of the signal given.

 

21.   Offences and Penalties

   Any person who contravenes any provision of these Regulations for which no penalty is prescribed commits an offence and is liable, on conviction, to a fine not exceeding P50 000, or to imprisonment for a period not exceeding 10 years, or to both.

SCHEDULE

 

(reg 20(1))

 

1. Signals with surface craft

 

1.1   The following manoeuvres performed in sequence by an aircraft mean that the aircraft wishes to direct a surface craft towards an aircraft or a surface craft in distress-

 

   (a)   circling the surface craft at least once;

 

   (b)   crossing the projected course of the surface craft close ahead at low altitude and-

 

      (i)   rocking the wings; or

 

      (ii)   opening and closing the throttle; or

 

      (iii)   changing the propeller pitch; and

 

   (c)   heading in the direction in which the surface craft is to be directed.

 

1.2   Due to high noise level on board surface craft, the sound signals in (ii) and (iii) may be less effective than the visual signal in (i) and are regarded as alternative means of attracting attention.

 

1.3   Repetition of such manoeuvres has the same meaning.

 

1.4   The following manoeuvres by an aircraft means that the assistance of the surface craft to which the signal is directed is no longer required-

 

      (i)   crossing the wake of the surface craft close astern at a low altitude; and

 

      (ii)   rocking the wings; or

 

      (iii)   opening and closing the throttle; or

 

      (iv)   changing the propeller pitch.

 

1.5   The following replies may be made by surface craft to the signal in paragraph 1-

 

   (a)   for acknowledging receipt of signals-

 

      (i)   the hoisting of the "code pennant" (vertical red and white stripes) close up (meaning understood),

 

      (ii)   the flashing of a succession of "Ts" by signal lamp in the Morse code, or

 

      (iii)   the changing of heading to follow the aircraft; and

 

   (b)   for indicating inability to comply-

 

      (i)   the hoisting of the international flag "N" (a blue and white checkered square), or

 

      (ii)   the flashing of a succession of "Ns" in the Morse code.

 

2. Ground-air visual signal code

 

2.1   Ground-air visual signal code for use by survivors

 

No. 

Message 

Code Symbol 

1. 

Require assistance 

 

2. 

Require medical assistance 

 

3. 

No or Negative 

 

4. 

Yes or Affirmative 

 

5. 

Proceeding in this direction 

 

 

2.2   Ground-air visual signal code for use by rescue units

 

No. 

Message 

Code Symbol 

1. 

Operation completed 

 

2. 

We have found all personnel 

 

3. 

We have found only some personnel 

 

4. 

We are not able to continue. Returning to base 

 

5. 

Have divided into two groups. Each proceeding in direction indicated 

 

6. 

Information received that aircraft is in this direction 

 

7. 

Nothing found. Will continue to search 

 

2.3   Symbols shall be at least 2.5 metres (8 feet) long and shall be made as conspicuous as possible.

 

2.4   Symbols may be formed by any means such as, strips of fabric, parachute material, pieces of wood, stones or such like material; marking the surface by tramping, or staining with oil.

 

2.5   Attention to the above signals may be attracted by other means such as radio, flares, smoke and reflected light.

 

3.   Air-to-ground signals

 

3.1   The following signals by aircraft mean that the ground signals have been understood-

 

   (a)   during the hours of daylight, by rocking the aircrafts wings;

 

   (b)   during the hours of darkness, by flashing on and off twice the aircrafts landing lights or, if not so equipped, by switching on and off twice its navigation lights.

 

3.2   Lack of the above signal indicates that the ground signal is not understood.

 

CIVIL AVIATION (APPROVED MAINTENANCE ORGANISATIONS) REGULATIONS

 

(section 89)

 

(23rd March, 2012)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Application of Regulations

 

   3.   Interpretation

 

 

 

PART II
Certification

 

   4.   Prohibition from operating without certificate

 

   5.   Prohibition from advertising without certificate

 

   6.   Application for an approved maintenance organisation certificate

 

   7.   Issuance of an approved maintenance organisation certificate

 

   8.   Validity of certificate

 

   9.   Renewal of certificate

 

   10.   Suspension or revocation of certificate

 

   11.   Changes to the approved maintenance organisation certificate and amendments

 

   12.   Ratings

 

   13.   Limited rating

 

   14.   Quality system

 

   15.   Safety management system

 

 

 

PART III
Housing, Facilities, Equipment and Materials

 

   16.   General

 

   17.   Housing and facility requirements

 

   18.   Equipment, tools and materials

 

 

 

PART IV
Administration

 

   19.   Personnel requirements and training

 

   20.   Management personnel

 

   21.   Indoctrination, initial, recurrent, specialised and remedial training

 

   22.   Dangerous goods training programme

 

   23.   Rest and duty limitations for persons performing maintenance functions

 

   24.   Record of management, supervisory, inspection and certifying staff

 

 

 

PART V
Approved Maintenance Organisation Operating Rules

 

   25.   Maintenance procedures manual

 

   26.   Maintenance procedures

 

   27.   Capability list

 

   28.   Sub-contracted maintenance functions

 

   29.   Approved maintenance organisation privileges

 

   30.   Maintenance release certificate

 

   31.   Maintenance records

 

   32.   Airworthiness data

 

   33.   Reporting of unairworthy conditions

 

   34.   Inspections

 

   35.   Performance standards

 

 

 

PART VI
General

 

   36.   Possession of certificate

 

   37.   Drug and alcohol testing and reporting

 

   38.   Replacement of documents

 

   39.   Suspension or revocation for public interest

 

   40.   Use and retention of certificates and records

 

   41.   Reports of violation

 

   42.   Enforcement of directions

 

 

 

PART VIII
Exemptions

 

   43.   Requirements for application

 

   44.   Substance of the request for exemption

 

   45.   Initial review by the Authority

 

   46.   Evaluation of the exemption request

 

 

 

PART IX
Miscellaneous

 

   47.   Contravention of Regulations

 

   48.   Offences and penalties

 

   49.   Transition and savings

 

 

 

      SCHEDULES

S.I. 20, 2012.

PART I
Preliminary (regs 1-3)

 

1.   Citation

   These Regulations may be cited as the Civil Aviation (Approved Maintenance Organisations) Regulations.

 

2.   Application of Regulations

   Unless the context otherwise requires, the provisions of these Regulations-

 

   (a)   in so far as they apply to aircraft registered in Botswana, shall apply to such aircraft wherever they may be;

 

   (b)   in so far as they apply to other aircraft, shall apply to such aircraft when they are within Botswana; and

 

   (c)   in so far as they prohibit, require or regulate, the doing of anything-

 

      (i)    by any person in or by any of the crew of, any aircraft registered in Botswana, shall apply to such persons and crew, wherever they may be, and

 

      (ii)    in relation to any aircraft registered in Botswana by other persons shall, where such persons are citizens of Botswana, apply to them wherever they may be.

 

3.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "accountable manager" means the manager who has corporate authority for ensuring that all maintenance activities required by the owner or operator of an aircraft are financed and carried out to the standard required by the Authority;

   "aeronautical product" means an aircraft, engine, propeller or sub- assembly, appliance, material, part or component to be installed thereon;

   "aircraft component" means any assembly, item component, part of an aircraft up to and including a complete power plant or any operational or emergency equipment;

   "aircraft type" means all aircraft of the same basic design;

   "airframe" means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a power plant) and landing gear of an aircraft and their accessories and controls;

   "airworthiness data" means any information necessary to ensure that an aircraft or aircraft component can be maintained in a condition such that airworthiness of the aircraft or serviceability of operational and emergency equipment, as appropriate, is assured;

   "appliance" means an instrument, mechanism, equipment, part, apparatus, appurtenance or accessory, including communication equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft and is not part of an airframe, power plant or propeller;

   "approved continuous maintenance program" means a maintenance program approved by the state ofregistry;

   "approved data" means technical information approved by the Authority;

   "approved maintenance organisation" means an organisation approved by the Authority to perform specific aircraft maintenance activities;

   "approved standard" means a manufacturing, design, maintenance, or quality standard approved by the Authority;

   "article" means an item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product or part;

   "calibration" means a set of operations, performed in accordance with a definite documented procedure, that compares the measurement performed by a measurement device or working standard for the purpose of detecting and reporting or eliminating by adjustment errors in the measurement device, working standard or component tested;

   "certifying staff" means personnel authorised by the approved maintenance organisation in accordance with a procedure acceptable to the Authority to certify aircraft or aircraft components for release to service;

   "composite" means structural materials made of substances, including, but not limited to, wood, metal, ceramic, graphite, boron, epoxy, plastic, fibre-reinforced built-in strengthening agents that may be in the form of filaments, foils, powders or flakes, of a different material;

   "composite structure" means a type of aircraft structure made of plastic resins reinforced with strong light weight filaments;

   "computer system" means any electronic or automated system capable of receiving, storing and processing external data and transmitting and presenting such data in a usable form for the accomplishment of a specific function;

   "facility" means a physical plant, including land, buildings and equipment, which provides the means for the performance of maintenance, preventive maintenance or modifications of any article;

   "housing" means buildings, hangars and other structures to accommodate the necessary equipment and materials of a maintenance organisation that-

 

   (a)   provide working space for the performance of maintenance, preventive maintenance or modifications for which the maintenance organisation is certificated and rated; and

 

   (b)   provide structures for the proper protection of aircraft, airframes, aircraft engines, propellers, appliances, components, parts and sub- assemblies thereof during disassembly, cleaning, inspection, repair, modification, assembly and testing; and

 

   (c)   provide for the proper storage, segregation and protection of materials, parts and supplies;

   "inspection" means the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;

   "large aircraft" means aeroplane of a maximum certificated take-off mass ofmore than 5700 kg;

   "line maintenance" means any unscheduled maintenance resulting from unforeseen elements, or scheduled checks that contain servicing or inspections that do not require specialised training, equipment, or facilities;

   "maintenance" means tasks required to ensure the continued airworthiness of an aircraft or aircraft component including any one or combination of overhaul, repair, inspection, replacement, modification and defect rectification;

   "maintenance procedures manual" means a document signed by the accountable manager which contains the approved maintenance organisation's structure and management responsibilities, scope of work, safety management system, description of facilities, maintenance facilities, maintenance procedure and quality assurance and inspection systems;

   "maintenance release certificate" means a document containing a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the Authority;

   "major repair" means a repair of an aeronautical product that might appreciably affect the structural strength, performance, power plant operation flight characteristics or other qualities affecting airworthiness or environmental characteristics or that will be embodied in the product using non-standard practices;

   "modification" means a change to the type design of an aircraft or aeronautical product which is not a repair;

   "overhaul" means the restoration of an aircraft or aircraft component using methods, techniques and practices acceptable to the Authority, including disassembly, cleaning and inspection as permitted, repair as necessary and reassembly and testing in accordance with approved standards and technical data or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the state of design, holder of the type certificate, supplemental type certificate or a material, part, process or appliance approval under parts manufacturing authorisation (PMA) or technical standard order (TSO);

   "powerplant" means an engine that is used or intended to be used for propelling aircraft and it includes turbo, superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers;

   "preventive maintenance" means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations;

   "quality system" means an organised structure with procedures, processes and resources needed to implement quality management;

   "rating" means an authorisation entered on, or associated with a licence or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence or certificate;

   "small aircraft" means an aeroplane of a maximum certificated take-off mass of 5700 kg or less; and

   "specific operating provisions" means a document describing the ratings in detail and containing or referencing material and process specifications used in performing repair work, along with any limitations applied to the maintenance organisation;

   "technical standard order (TSO)" means a minimum performance standard issued by the Administrator (US FAA) for specified materials, parts, processes and appliances used on civil aircrafts.

PART II
Certification (regs 4-15)

 

4.   Prohibition from operating without certificate

   (1) A person shall not operate a maintenance facility without an approved maintenance organisation certificate issued under these Regulations.

   (2) A person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.

 

5.   Prohibition from advertising without certificate

   (1) A person shall not advertise as an approved maintenance organisation unless an approval for a maintenance organisation certificate is issued in accordance with these Regulations.

   (2) A maintenance organisation shall not make any statement, either in writing or orally, about itself that is false or is designed to mislead any person.

   (3) Where an advertisement of an approved maintenance organisation indicates that the approved maintenance organisation is certificated, the advertisement shall clearly stipulate the approved maintenance organisation's certificate number.

   (4) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.

 

6.   Application for an approved maintenance organisation certificate

   (1) A person who wishes to apply for an approved maintenance organisation certificate shall do so in the manner specified by the Authority under this regulation.

   (2) The certification process shall follow a five phase approach as follows-

 

   (a)   pre-application phase;

 

   (b)   formal application phase;

 

   (c)   document evaluation phase;

 

   (d)   demonstration and inspection phase; and

 

   (e)   certification phase.

   (3) The formal application phase shall be made in accordance with Form A set out in Schedule 1.

   (4) An applicant for an approved maintenance organisation certificate shall submit the following, together with the application, to the Authority-

 

   (a)   maintenance procedures manual in duplicate;

 

   (b)   a list of the maintenance functions to be performed for it, under contract;

 

   (c)   a list of all approved maintenance organisation certificates and ratings pertinent to those certificates issued by any contracting State other than Botswana;

 

   (d)   a non-refundable fee of P5 000; and

 

   (e)   any additional information the Authority may require the applicant to submit.

   (5) An application for an initial issue of an approved maintenance organisation certificate shall be made to the Authority at least 90 days before the date of intended operation.

 

7.   Issuance of an approved maintenance organisation certificate

   (1) The Authority may issue to an applicant, an approved maintenance organisation certificate in Form B set out in Schedule 1 if, after inspection, and upon the payment of a fee of P600, the Authority is satisfied that the applicant-

 

   (a)   meets the requirements to be issued an approved maintenance organisation certificate; and

 

   (b)   is properly and adequately equipped for the performance of maintenance of aircraft or aircraft component for which the applicant seeks approval.

   (2) An approved maintenance organisation certificate shall consist of-

 

   (a)   a certificate for public display; and

 

   (b)   specific operating provisions.

   (3) An approved maintenance organisation certificate shall be signed by the Authority and shall contain-

 

   (a)   a certificate number specifically assigned to the approved maintenance organisation;

 

   (b)   the name and location of the main place of business of the approved maintenance organisation;

 

   (c)   the date ofissue and period ofvalidity; and

 

   (d)   the ratings issued to the approved maintenance organisation.

   (4) The specific operating provisions of the certificate shall be signed by the Authority and shall consist of-

 

   (a)   a certificate number specifically assigned to the approved maintenance organisation;

 

   (b)   the class or limited ratings issued in detail, including special approvals and limitations issued;

 

   (c)   the date issued, amended or renewed; and

 

   (d)   the signatures of the accountable manager and the Authority.

   (5) The certificate issued to an approved maintenance organisation under this regulation shall be conspicuously displayed in the premises for inspection.

 

8.   Validity of certificate

   An approved maintenance certificate issued in accordance with these Regulations shall be valid for 24 months from the date of issue or renewal, unless a shorter period is specified by the Authority or-

 

   (a)   the Authority amends, suspends, revokes or otherwise terminates the certificate;

 

   (b)   the approved maintenance organisation surrenders it to the Authority; or

 

   (c)   the approved maintenance organisation suspends operations for more than 180 continuous days.

 

9.   Renewal of certificate

   (1) An application for renewal of an approved maintenance organisation certificate shall be made in Form A set out in Schedule 1, at least 60 days before the certificate expires and shall be accompanied by a fee of P5 000.

   (2) Where an application for renewal is made after the period specified under subregulation (1), the application shall be deemed to be an initial application and regulation 6 shall apply.

 

10.   Suspension or revocation of certificate

   (1)The Authority may suspend or revoke an approved maintenance organisation certificate where the Authority determines that the certificate holder has not met or no longer meets the requirements of these Regulations.

   (2) The Authority shall, prior to acting in accordance with sub- regulation (1), give a 14 days written notice to the certificate holder to rectify the non-compliance.

   (3) A person issued with an approved maintenance organisation certificate shall return the certificate to the Authority within 14 days of the suspension or revocation of the certificate.

 

11.   Changes to the approved maintenance organisation certificate and amendments

   (1) An approved maintenance organisation shall provide 14 days prior written notice to the Authority of any proposal to carry out any changes to enable the Authority to determine compliance with these Regulations and to amend if necessary, the approved maintenance organisation certificate.

   (2) An approved maintenance organisation shall not effect the following changes without prior approval of the Authority-

 

   (a)   the name of the approved maintenance organisation;

 

   (b)   the location of the approved maintenance organisation;

 

   (c)   additional locations of the approved maintenance organisation;

 

   (d)   the accountable manager;

 

   (e)   any of the management personnel specified in the approved maintenance organisation's maintenance procedures manual;

 

   (f)   the facilities, equipment, tools, material, procedures, work scope and certifying staff that could affect the approval;

 

   (g)   ratings held by the approved maintenance organisation; and

 

   (h)   ownership.

   (3) The Authority may, upon payment of a fee of P600 amend the approved maintenance organisation certificate where the approved maintenance organisation notifies the Authority of any of the changes listed in subregulation (2).

   (4) The Authority may, on amending the approved maintenance organisation certificate, prescribe new conditions under which the approved maintenance organisation may operate.

   (5) The Authority may suspend or revoke an approved maintenance organisation's certificate if the approved maintenance organisation changes any of the items listed under subregulation (2) without notifying the Authority.

 

12.   Ratings

   The Authority may issue the following ratings to an approved maintenance organisation certificated under these Regulations-

 

   (a)   airframe ratings-

 

      (i)   class 1: composite construction of small aircraft,

 

      (ii)   class 2: composite construction of large aircraft,

 

      (iii)   class 3: all-metal construction of small aircraft, or

 

      (iv)   class 4: all-metal construction of large aircraft;

 

   (b)   power plant ratings-

 

      (i)   class 1: reciprocating engines of 400 horsepower or less,

 

      (ii)   class 2: reciprocating engines of more than 400 horsepower, or

 

      (iii)   class 3: turbine engines;

 

   (c)   propeller ratings-

 

      (i)   class 1: all fixed pitch and ground adjustable propellers of wood, metal or composite construction, or

 

      (ii)   class 2: all other propellers, by make;

 

   (d)   radio ratings-

 

      (i)   class 1: communication equipment: any radio transmitting equipment or receiving equipment, or both, used in aircraft to send or receive communications in flight, regardless of carrier frequency or type of modulation used; including auxiliary and related aircraft interphone systems, amplifier systems, electrical or electronic inter-crew signaling devices, and similar equipment; but not including equipment used for navigation of the aircraft or as an aid to navigation, equipment for measuring altitude or terrain clearance, other measuring equipment operated on radio or radar principles, or mechanical, electrical, gyroscopic, or electronic instruments that are a part of communications radio equipment,

 

      (ii)   class 2: navigational equipment: any radio system used in aircraft for enroute or approach navigation, except equipment operated on radar or pulsed radio frequency principles, but not including equipment for measuring altitude or terrain clearance or other distance equipment operated on radar or pulsed radio frequency principles, and

 

      (iii)   class 3: radar equipment: any aircraft electronic system operated on radar or pulsed radio frequency principles;

 

   (e)   instrument ratings-

 

      (i)   class 1: mechanical: any diaphragm, bourdon tube, aneroid, optical or mechanically driven centrifugal instrument that is used on aircraft or used to operate aircraft, including tachometers, airspeed indicators, pressure gauges, drift sights, magnetic compasses, altimeters, or similar mechanical instruments,

 

      (ii)   class 2: electrical: any self-synchronous and electrical indicating instruments and systems, including remote indicating instruments cylinder head temperature gauges, or similar electrical instruments,

 

      (iii)   class 3: gyroscopic: any instrument or system using gyroscopic principles and motivated by air pressure or electrical energy, including automatic pilot control units, turn and bank indicators, directional gyros, and their parts, and flux gate and gyrosyn compasses, and

 

      (iv)   class 4: electronic: any instruments whose operation depends on electron tubes, transistors, or similar devices including capacitance type quantity gauges, system amplifiers, and engine analysers;

 

   (f)   computer systems rating-

 

      (i)   class 1: aircraft computer systems,

 

      (ii)   class 2: power plant computer systems, or

 

      (iii)   class 3: avionics computer systems; and

 

   (g)   accessory ratings-

 

      (i)   class 1: mechanical accessories that depend on friction, hydraulics, mechanical linkage, or pneumatic pressure for operation, including aircraft wheel brakes, mechanically driven pumps, carburetors, aircraft wheel assemblies, shock absorber struts and hydraulic servo units,

 

      (ii)   class 2: electrical accessories that depend on electrical energy for their operation and, generators, including starters, voltage regulators, electric motors, electrically driven fuel pumps, magnetos, or similar electrical accessories,

 

      (iii)   class 3: electronic accessories that depend on the use of an electron tube transistor, or similar device, including supercharger, temperature, air conditioning controls, or similar electronic controls, and

 

      (iv)   class 4: auxilliary power unit (APU) that may be installed on aircraft as self-contained units to supplement the aircraft's engines as a source of hydraulic, pneumatic, or electrical power.

 

13.   Limited rating

   (1) The Authority may issue a limited rating to an approved maintenance organisation that maintains or alters only a particular type of airframe, powerplant, propeller, radio, instrument, computer or accessory or parts or performs only specialised maintenance requiring equipment and skills not ordinarily found in an approved maintenance organisation with ratings as specified in regulation 12.

   (2) A rating issued under subregulation (1) may be limited to-

 

   (a)   a specific model of aircraft, engine, or constituent part or to any number ofparts made by a particular manufacturer;

 

   (b)   airframes of a particular make and model;

 

   (c)   engines of a particular make and model;

 

   (d)   propellers of a particular make and model;

 

   (e)   instruments of a particular make and model;

 

   (f)    computers of a particular make and model;

 

   (g)   radio equipment of a particular make and model;

 

   (h)   accessories of a particular make and model;

 

   (i)   landing gear components;

 

   (j)   floats, by make;

 

   (k)   non-destructive inspection, testing, and processing;

 

   (l)   emergency equipment;

 

   (m)   rotor blades, by make and model;

 

   (n)   aircraft fabric work; and

 

   (o)   any other purpose for which the Authority finds the applicant's request to be appropriate.

   (3) An approved maintenance organisation may be issued a specialised service rating to perform specific maintenance or processes and the specific operating provisions of the approved maintenance organisation shall identify the specification used in performing specialised services which may be-

 

   (a)   a civil or military specification that is currently used by the industry and approved by the Authority; or

 

   (b)   a specification developed by the approved maintenance organisation and approved by the Authority.

 

14.   Quality system

   (1) An approved maintenance organisation shall establish an independent quality system and designate a quality manager to monitor compliance with, and adequacy of procedures required to ensure safe maintenance practices and airworthiness of the aircraft.

   (2) Compliance monitoring under this regulation shall include a feedback system to the accountable manager to ensure corrective action as necessary.

   (3) Subject to subregulation (1), the quality system, and the quality manager, shall be acceptable to the Authority.

   (4) An approved maintenance organisation shall ensure that the quality system includes a quality assurance programme that contains procedures designed to monitor compliance with required aircraft and aircraft component standards and adequacy of the procedures to ensure that such procedures invoke good maintenance practices and airworthy aircraft and aircraft components.

   (5) The quality system shall include a procedure to initially qualify and periodically perform audits on persons performing work on behalf of the approved maintenance organisation.

   (6) The quality system shall include a feedback system to the designated management person or group ofpersons directly responsible for the quality system and ultimately to the accountable manager to ensure that proper and timely corrective action is taken in response to reports resulting from the independent audits.

   (7) An approved maintenance organisation's quality system shall be sufficient to review all maintenance procedures, as described in the maintenance control manual and the maintenance procedures manual, in accordance with an approved program once a year.

   (8) An approved maintenance organisation's quality system shall indicate when audits are due, when audits are completed, and establish a system of audit reports, which can be seen by the visiting Authority staff on request.

   (9) The approved maintenance organisation's audit system shall clearly establish a means by which audit reports containing observations about non-compliance or poor standards are communicated to the accountable manager.

   (10) Where the approved maintenance organisation is a small organisation, the independent audit part of the quality system may be contracted to another organisation approved under this part or a person with appropriate technical knowledge and proven satisfactory audit experience such as ISO 9000 qualification.

   (11) Where the approved maintenance organisation is part of an air operator certificate holder, the air operator certificate holder's quality management system may be combined with the requirements of an approved maintenance organisation and submitted for acceptance to the Authority.

   (12) An approved maintenance organisation shall describe the quality system in relevant documentation as outlined by the Authority.

 

15.   Safety management system

   (1) An approved maintenance organisation shall establish a safety management system that is acceptable to the Authority in order to achieve an acceptable level ofsafety.

   (2) The approved maintenance organisation shall implement a safety management system acceptable to the Authority that, as a minimum requirement-

 

   (a)   identifies safety hazards;

 

   (b)   ensures that remedial action necessary to maintain an acceptable level of safety is implemented;

 

   (c)   provides for continuous monitoring and regular assessment of the safety level achieved; and

 

   (d)   aims to make continuous improvement to the overall level of safety.

   (3) The approved maintenance organisations shall, in the safety management system, clearly define lines of safety and accountability throughout the maintenance organisation, including a direct accountability for safety on the part of senior management.

   (4) The safety management system shall form part of the maintenance procedures manual or may, in the case of an already existing approved maintenance organisation, be made an independent document.

PART III
Housing, Facilities, Equipment and Materials (regs 16-18)

 

16.   General

   An approved maintenance organisation shall have housing, facilities, equipment, materials and data in quantity and quality that meet the standards specified under these Regulations.

 

17.   Housing and facility requirements

   (1) An approved maintenance organisation shall provide-

 

   (a)   appropriate housing for the facilities, equipment, materials and personnel for all planned work to ensure, in particular, protection from weather;

 

   (b)   a comfortable work environment for the task to be carried out to enable the effectiveness ofpersonnel;

 

   (c)   appropriate office accommodation for the management of planned work including, in particular, the management ofquality, planning and technical records;

 

   (d)   specialised workshops and bays, segregated, as appropriate, to ensure that environmental and work area contamination is unlikely to occur;

 

   (e)   storage facilities for parts, equipment, tools and materials; and

 

   (f)   storage conditions with security for serviceable parts, segregation of serviceable parts from unserviceable parts and for prevention of deterioration of and damage to stored items.

   (2) An approved maintenance organisation with an airframe rating shall provide suitable permanent housing to enclose the largest type and model of aircraft listed on its operations specifications.

   (3) An approved maintenance organisation may perform maintenance, preventive maintenance, or alterations on articles outside its housing if it provides suitable facilities that are acceptable to the Authority.

   (4) Where the hangar is not owned by the approved maintenance organisation, the approved maintenance organisation shall-

 

   (a)   provide evidence to the Authority that the approved maintenance organisation is authorised to use the hangar;

 

   (b)   demonstrate sufficiency of hangar space to carry out planned base maintenance by preparing a projected aircraft hangar visit plan relative to the maintenance programme;

 

   (c)   update the aircraft hangar visit plan on a regular basis;

 

   (d)   ensure that aircraft component maintenance workshops are large enough to accommodate the components on planned maintenance;

 

   (e)   ensure that aircraft hangar and aircraft component workshop structures can prevent the ingress of rain, hail, ice, snow, wind and dust;

 

   (f)   ensure that workshop floors are sealed to minimise dust generation; and

 

   (g)   demonstrate access to hangar accommodation for usage during adverse weather for minor scheduled work or lengthy defect rectification.

   (5) An approved maintenance organisation shall provide aircraft maintenance staff with an area where they may study maintenance instructions and complete maintenance records in a proper manner.

   (6) Hangars used to house aircraft together with office accommodation shall be such as to ensure a clean, effective and comfortable working environment by ensuring that-

 

   (a)   temperatures are maintained at a comfortable level;

 

   (b)   dust and any other airborne contamination are kept to a minimum and not permitted to reach a level in the task area where visible aircraft or component surface contamination is evident;

 

   (c)   lighting is such as to ensure that each inspection and maintenance task can be carried out; and

 

   (d)   noise levels are not permitted to rise to the point of distracting personnel from carrying out inspection and where it is impractical to control the noise source, such personnel shall be provided with the necessary personal equipment to stop excessive noise causing distraction during inspection.

   (7) Where a particular maintenance task requires the application of specific environmental conditions different from those specified in subregulation (6), such conditions shall be observed.

   (8) Where the working environment for line maintenance deteriorates to an unacceptable level with respect to temperature, moisture, hail, ice, snow, wind, light, dust or other airborne contamination, the particular maintenance or inspection tasks shall be suspended until satisfactory conditions are re-established.

   (9) All susceptible systems shall be sealed until acceptable conditions are re-established for both base and line maintenance where dust or other airborne contamination results in visible surface contamination.

   (10) Storage facilities for serviceable aircraft components shall be clean, well-ventilated and maintained at an even dry temperature to minimise the effects of condensation.

   (11) An approved maintenance organisation shall follow the manufacturer's standards recommendations for specific aircraft components.

   (12) Storage racks shall have sufficient support for large aircraft components so that the components are not distorted.

   (13) All aircraft components, wherever practicable, shall be packaged in protective material to minimise damage and corrosion during storage.

 

18.   Equipment, tools and materials

   (1) An approved maintenance organisation shall have the necessary equipment, tools and material to perform the approved scope of work and the items shall be under its full control.

   (2) An approved maintenance organisation shall provide equipment and tools at all times except in the case of any tool or equipment that is so rarely needed that its permanent availability is not necessary.

   (3) The Authority may exempt an approved maintenance organisation from possessing specific tools and equipment for maintenance or repair of an aircraft or aircraft component specified in the approved maintenance organisation's certificate, if the tools and equipment can be acquired temporarily, by prior arrangement and be under the full control of the approved maintenance organisation when needed to perform required maintenance or repairs.

   (4) An approved maintenance organisation shall control all applicable tools, equipment, and test equipment used for product acceptance or for making a finding of airworthiness.

   (5) An approved maintenance organisation shall ensure that all applicable tools, equipment and test equipment used for product acceptance or for making a finding of airworthiness are calibrated to a standard acceptable to the Authority and traceable to national or international standards and shall keep all records of calibrations and the standards used for calibration.

   (6) An approved maintenance organisation shall use, where the manufacturer specifies a particular tool, equipment or test equipment, that tool, equipment or test equipment unless the manufacturer has identified the use of an equivalent.

   (7) Except as provided in subregulation (6), tools, equipment or test equipment other than those recommended by the manufacturer, shall be acceptable based on at least the following-

 

   (a)   that the approved maintenance organisation has a procedure in the maintenance procedure manual ifit intends to use equivalent tools, equipment, or test equipment other than those recommended by the manufacturer;

 

   (b)   that the approved maintenance organisation has a programme-

 

      (i)   to include a description of the procedures used to establish the competence of personnel that make the determination of equivalency oftools, equipment or test equipment,

 

      (ii)   for conducting and documenting the comparison made between the specification of the tool, equipment or test equipment recommended by the manufacturer and the equivalent tool, equipment or test equipment proposed,

 

      (iii)   for ensuring that the limitations, parameters and reliability of the proposed tool, equipment or test equipment are equivalent to the manufacturer's recommended tools, equipment or test equipment, and

 

      (iv)   for ensuring that the equivalent tool, equipment or test equipment is capable of performing the appropriate maintenance function, all normal tests or calibrations, and checking all parameters of the aircraft or aircraft component undergoing maintenance or calibration; and

 

   (c)   that the approved maintenance organisation shall have full control of the equivalent tool, equipment or test equipment through an ownership, lease or other legal arrangement.

   (8) An approved maintenance organisation approved for base maintenance shall have sufficient aircraft access equipment and inspection platforms or docking such that the aircraft may be properly inspected.

   (9) An approved maintenance organisation shall have a procedure to-

 

   (a)   inspect or service and where appropriate, calibrate tools, equipment, and test equipment on a regular basis and indicate to users that an item is within any time limit for inspection, service or calibration; and

 

   (b)   ensure that if it uses a standard (primary, secondary or transfer standards) for performing calibration, that standard cannot be used to perform maintenance.

   (10) An approved maintenance organisation shall have a clear system of labelling all tooling, equipment and test equipment to give information on when-

 

   (a)   the next inspection or service or calibration is due, and where the item is unserviceable for a reason that is not obvious; and

 

   (b)   such tooling, equipment and test equipment is not used for product acceptance or for making a finding of airworthiness.

   (11) An approved maintenance organisation shall maintain a register for all calibrated tools, equipment and test equipment together with a record of calibrations and standards used.

   (12) An approved maintenance organisation shall conduct inspection, service or calibration on a regular basis in accordance with the equipment manufacturers' instructions except where the approved maintenance organisation can show by results that a different time period is appropriate in a particular case and is acceptable to the Authority.

PART IV
Administration (regs 19-24)

 

19.   Personnel requirements and training

   (1) An approved maintenance organisation shall appoint a management person or group of persons acceptable to the Authority, whose responsibilities shall include ensuring that the approved maintenance organisation is in compliance with these Regulations.

   (2) A person appointed as a manager shall represent the maintenance management structure of the approved maintenance organisation and shall be responsible for all functions specified in these Regulations.

   (3) A manager shall be directly responsible to an accountable manager who shall be acceptable to the Authority.

   (4) An approved maintenance organisation shall employ sufficient personnel to perform maintenance functions in accordance with the approved maintenance organisation certificate.

   (5) An approved maintenance organisation shall establish the competence of personnel involved in maintenance in accordance with a procedure and to a standard acceptable to the Authority.

   (6) A person signing a maintenance release certificate shall be qualified as appropriate to the work performed and as acceptable to the Authority.

   (7) An approved maintenance organisation shall establish a training programme for personnel which includes training in knowledge and skills related to human performance, including coordination with other maintenance personnel and flight crew.

   (8) The maintenance personnel and the certifying staff shall meet the qualification requirements and receive initial, recurrent and continuation training to their assigned tasks and responsibilities in accordance with a programme acceptable to the Authority.

 

20.   Management personnel

   (1) An approved maintenance organisation shall have an accountable manager acceptable to the Authority, with corporate authority for ensuring that all the necessary resources are available to support the approved maintenance organisation's approval.

   (2) The approved maintenance organisation shall have qualified personnel with proven competence in civil aviation available and serving in the following positions or their equivalent-

 

   (a)   base maintenance manager;

 

   (b)   line maintenance manager;

 

   (c)   workshop manager;

 

   (d)   quality manager; and

 

   (e)   safety manager.

   (3) For the purpose of subregulation (2) "competence in civil aviation" means that an individual has a technical qualification and management experience acceptable to the Authority for the position served.

   (4) The safety manager of an approved maintenance organisation shall, depending on the size of an approved maintenance organisation-

 

   (a)   be responsible for promoting safety awareness; and

 

   (b)   ensure that safety management is given the same level of priority in the approved maintenance organisation as other processes of the approved maintenance organisation.

   (5) The Authority may approve positions, other than those listed in subregulation (2) if the approved maintenance organisation is able to show that it can perform the approved functions safely under the direction of fewer or different categories of management personnel due to the size and complexity of the approved maintenance organisation.

   (6) The approved maintenance organisation shall ensure supervision of its maintenance functions at all times.

   (7) A person serving in a management position in an approved maintenance organisation shall not serve in a similar position in any other approved maintenance organisation unless exemption is issued by the Authority.

 

21.   Indoctrination, initial, recurrent, specialised and remedial training

   (1) An approved maintenance organisation shall have an employee training program approved by the Authority that consists of indoctrination, initial, recurrent, specialised and remedial training.

   (2) An approved maintenance organisation shall carry out an assessment of the training needs of its personnel, including certifying personnel, and develop and update its training program based on the tasks associated with its scope of operating authority and capabilities.

   (3) The training program shall ensure that each employee assigned to perform maintenance, preventive maintenance, or alterations, and inspection functions is capable ofperforming the assigned task.

   (4) An approved maintenance organisation shall submit revisions of its training program to the Authority for approval.

   (5) An approved maintenance organisation shall document, in a form and manner acceptable to the Authority, the individual employee training required under this regulation and shall retain such records for a minimum of two years.

   (6) An approved maintenance organisation's training program shall provide indoctrination training for employees that includes at least 40 hours of instruction in at least the following subjects-

 

   (a)   regulations, particularly those associated with approved maintenance organisation's maintenance functions and authority as reflected on the certificate and operations specifications;

 

   (b)   company manuals, policies, procedures and practices, including quality control processes, particularly those associated with ensuring compliance with maintenance (including inspection), preventive maintenance, and established alteration procedures;

 

   (c)   dangerous goods training and other local and international training required for different categories of employees;

 

   (d)   maintenance human factors with the elements focusing on aviation maintenance, and safety related issues;

 

   (e)   computer systems and software as applicable to the repair station's maintenance (including inspection, preventive maintenance and alteration systems and procedures); and

 

   (f)   facility security, which shall include company security objectives, specific security procedures, employee responsibilities, actions to take in the event of a security breach, and the organisational security structure.

   (7) An approved maintenance organisation shall provide initial training for employees that includes at least 80 hours of instruction in at least the following subjects consistent with the specific employee position and assigned job activities-

 

   (a)   general review;

 

   (b)   specific job or task training;

 

   (c)   shop safety;

 

   (d)   records and record keeping;

 

   (e)   materials and parts;

 

   (f)   test equipment, including ground support equipment;

 

   (g)   tools;

 

   (h)   maintenance human factors; and

 

   (i)   any other items as required by the Authority.

   (8) An approved maintenance organisation shall provide recurrent training for employees that include at least eight hours of instruction in the following subjects-

 

   (a)   refresher of subjects covered in initial training;

 

   (b)   new items introduced in the approved maintenance organisation since completion of initial training; and

 

   (c)   any other items required by the Authority.

   (9) An approved maintenance organisation shall provide specialised training, including initial and recurrent, for employees whose duties require a specific skill.

   (10) An approved maintenance organisation shall provide remedial training to rectify an employee's demonstrated lack of knowledge or skill by providing information as soon as possible.

   (11) An approved maintenance organisation, in developing training for employees, shall take into account the various training, experience, and skill levels ofits employees as follows-

 

   (a)   employees that hold an aircraft maintenance engineers licence;

 

   (b)   employees with experience performing similar tasks at another approved maintenance organisation;

 

   (c)   employees with applicable military aviation maintenance experience; and

 

   (d)   employees with no prior skills, experience, or knowledge.

   (12) An approved maintenance organisation shall have procedures to determine the frequency of recurrent training and the need for specialised and remedial training.

   (13) An approved maintenance organisation shall assess the competency of each employee for performing his or her assigned duties after completion of initial, recurrent, specialised and remedial training, and, the assessment of competency shall be appropriately documented in the employee's training records by any of the following methods, depending upon the size of the approved maintenance organisation, its capabilities and experience ofits employees-

 

   (a)   written test;

 

   (b)   completion of a training course;

 

   (c)   skill test;

 

   (d)   group exercise;

 

   (e)   on the job assessment; and

 

   (f)   oral examination in the working environment.

 

22.   Dangerous goods training programme

   (1) An approved maintenance organisation shall have a dangerous goods training programme for its employees, whether full time, part time, or temporary or contracted, who are engaged in the following activities-

 

   (a)   loading, unloading or handling of dangerous goods;

 

   (b)   design, manufacture, fabrication, inspection, marking, maintenance, reconditions, repairs or tests of a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting dangerous goods;

 

   (c)   preparation ofhazardous materials for transport;

 

   (d)   responsibility for the safety of transportation of dangerous goods;

 

   (e)   operation of a vehicle used to transport dangerous goods; or

 

   (f)   supervision of any of the above listed items.

   (2) An approved maintenance organisation employee shall not perform or directly supervise an activity under subregulation (1) unless he or she has received the approved dangerous goods training.

   (3) The approved maintenance organisation training programme shall ensure that its dangerous goods training-

 

   (a)   ensures that each employee performing or directly supervising any of the activities specified in subregulation (1) is trained to comply with all applicable procedures; and

 

   (b)   enables the trained person to recognise items that contain, or may contain, dangerous goods regulated under these Regulations.

   (4) An approved maintenance organisation shall document, in a form and manner acceptable to the Authority, the individual employee training required and shall retain these records for a minimum oftwo years.

 

23.   Rest and duty limitations for persons performing maintenance functions

   (1) A person shall not-

 

   (a)   assign maintenance functions for aircraft unless the assignee has had a minimum rest period of eight hours; or

 

   (b)   perform maintenance functions for aircraft unless that person has had a minimum rest period of eight hours prior to the beginning of duty.

   (2) A person shall not-

 

   (a)   schedule a person performing maintenance functions for aircraft for more than 12 consecutive hours ; or

 

   (b)   perform maintenance functions for aircraft for more than 12 consecutive hours.

   (3) A person performing maintenance functions for aircraft may, in situations involving unscheduled aircraft unserviceability, be continued on duty for-

 

   (a)   up to 16 consecutive hours; or

 

   (b)   20 hours in 24 consecutive hours.

   (4) A person performing maintenance functions for aircraft shall, following unscheduled duty periods, have a mandatory rest period of 10 hours.

   (5) An approved maintenance organisation shall relieve a person performing maintenance functions from all duties for 24 consecutive hours during any seven consecutive day period.

   (6) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000 or to imprisonment for a term not exceeding 10 years, or to both.

 

24.   Record of management, supervisory, inspection and certifying staff

   (1) An approved maintenance organisation shall maintain a record of all management, supervisory, inspection and certifying personnel, which record shall include written details of the scope of their authorisation.

   (2) The approved maintenance organisation shall keep the following minimum information on record in respect of each person mentioned in subregulation (1)-

 

   (a)   name;

 

   (b)   date of birth;

 

   (c)   basic training;

 

   (d)   type of training;

 

   (e)   continuation training;

 

   (f)   experience;

 

   (g)   qualifications relevant to the approval;

 

   (h)   scope of the authorisation;

 

   (i)   date of first issue of the authorisation;

 

   (j)   expiration date of the authorisation, where appropriate; and

 

   (k)   identification number of the authorisation.

   (3) The approved maintenance organisation shall have a system of controlling records of all management, supervisory, inspection and certifying personnel and the system shall allow reasonable access to the records.

   (4) The approved maintenance organisation shall limit the number of persons authorised to access the records system to minimise the possibility of records being altered in an unauthorised manner and to limit confidential records from becoming accessible to unauthorised persons.

   (5) The Authority may investigate the records system for initial and continued approval or when the Authority has cause to doubt the competence of a particular certifying person.

   (6) An approved maintenance organisation shall keep the record of a certifying person for at least two years following a date on which that person ceased employment with the organisation or upon withdrawal of that person's authorisation.

   (7) The personnel shall, upon request be furnished with a copy of their record on leaving the approved maintenance organisation.

   (8) The authorisation document issued to the personnel under this regulation shall be in a style that makes its scope clear to the personnel and the Authority and where codes are used to define scope, an interpretation document shall be readily available.

   (9) The personnel shall carry the authorisation document at all times and shall produce it on request by the Authority.

   (10) A person who contravenes subregulation (9) commits an offence and is liable to a fine not exceeding P50 000 or to a revocation of his or her certificate, or to both.

PART V
Approved Maintenance Organisations Operating Rules (regs 25-35)

 

25.   Maintenance procedures manual

   (1) An approved maintenance organisation shall provide a maintenance procedures manual in accordance with the format set out in Schedule 2, for use by the approved maintenance organisation's personnel.

   (2) An approved maintenance organisation shall not use its maintenance procedures manual and any subsequent amendments unless they have been approved by the Authority prior to use.

   (3) An approved maintenance organisation maintenance procedures manual shall specify the scope of work required of the approved maintenance organisation in order to satisfy the relevant requirements for approval of an aircraft or aircraft component for return to service.

   (4) An approved maintenance organisation maintenance procedures manual and any other manual the approved maintenance organisation identifies shall-

 

   (a)   include instructions and information necessary to allow the personnel to perform their duties and responsibilities with a high degree ofsafety;

 

   (b)   be in a form that is easy to revise and contain a system which allows personnel to determine current revision status;

 

   (c)   have the date of the last revision printed on each page containing the revision;

 

   (d)   not be contrary to any laws of Botswana or the approved maintenance organisation's operations specifications; and

 

   (e)   include a reference to appropriate civil aviation regulations.

   (5) Without prejudice to the provisions of this regulation, an approved maintenance organisation maintenance procedures manual shall contain the following information-

 

   (a)   a statement signed by the accountable manager confirming that the approved maintenance organisation maintenance procedures manual and any associated manuals define the approved maintenance organisation's compliance with this regulation and shall be complied with at all times;

 

   (b)   a list of duties and responsibilities of the management personnel and the matters on which they may deal directly with the Authority on behalf of the approved maintenance organisation;

 

   (c)   a procedure to establish and maintain a current list of the titles and names of the approved maintenance organisation' s management personnel accepted by the Authority;

 

   (d)   an organisation chart showing associated chains of responsibility of the management personnel;

 

   (e)   a procedure to establish and maintain a current record of certifying staff authorised to sign the maintenance release and the scope of their authorisation;

 

   (f)   a description of the procedures used to establish the competence of maintenance personnel;

 

   (g)   a procedure to establish and maintain an independent quality system that monitors compliance with procedures to ensure good quality maintenance practices and airworthy aircrafts and components;

 

   (h)   a general description of manpower resources;

 

   (i)   description of the method used for the completion and retention of the maintenance records;

 

   (j)   a description of the procedure for preparing the maintenance release certificate and the circumstances under which the maintenance release certificate is to be signed;

 

   (k)   a description, when applicable, of additional procedures for complying with an air operators certificate holder's maintenance procedures and requirements;

 

   (l)   a description of the procedure for complying with the service information reporting requirement;

 

   (m)   a description of the procedure for receiving, amending and distributing within the maintenance organisation all necessary airworthiness data from the type certificate holder or the type design organisation;

 

   (n)   general description of the facilities located at each physical address specified in the approved maintenance organisation's certificate;

 

   (o)   a general description of the approved maintenance organisation's scope of work relevant to the extent of approval;

 

   (p)   the notification procedure for the approved maintenance organisation to use when requesting the approval of changes to the organisation of the approved maintenance organisation from the Authority;

 

   (q)   the amendment procedure for the approved maintenance organisation maintenance procedures manual, including the submission to the Authority;

 

   (r)   the approved maintenance organisation's procedures, acceptable to the Authority, to ensure manual good maintenance practices and compliance with the requirements in these Regulations; and

 

   (s)   the personnel authorised to sign the maintenance release and the scope oftheir authorisation.

   (6) An approved maintenance organisation shall ensure that its personnel is familiar with those parts of the manuals that are relevant to the maintenance work they perform.

   (7) An approved maintenance organisation shall specify in the approved maintenance organisation maintenance procedures manual who should amend the manual, particularly in the case where the manual consists of several parts.

   (8) The quality manager of an approved maintenance organisation shall be responsible for-

 

   (a)   monitoring the amendment of the approved maintenance organisation maintenance procedures manual, including associated procedures manuals; and

 

   (b)   submitting proposed amendments to the Authority, unless the Authority has agreed, by a procedure stated in the amendment section of the procedures manual, that some defined class of amendments may be incorporated without approval by the Authority.

   (9) The approved maintenance organisation maintenance procedures manual shall address the following main areas-

 

   (a)   the management personnel;

 

   (b)   the maintenance procedures;

 

   (c)   the quality system procedures, including the methods of qualifying mechanics, inspection, certifying staff and quality audit personnel;

 

   (d)   contracted air operator certificate holder procedures and paperwork;

 

   (e)   duties and responsibilities of the management personnel and the matters on which they may deal directly with the Authority on behalf of the approved maintenance organisation;

 

   (f)   safety management;

 

   (g)   documentation; and

 

   (h)   examples of standard documents and list of operators to which the approved maintenance organisation provides service.

   (10) An approved maintenance organisation maintenance procedures manual shall be in accordance with the format set out in Schedule 2 to these Regulations.

 

26.   Maintenance procedures

   (1) An approved maintenance organisation shall establish maintenance procedures acceptable to the Authority, to ensure good maintenance practices and compliance with all relevant requirements in these Regulations, such that aircraft and aircraft components may be properly released to service.

   (2) The maintenance procedure established under subregulation (1) shall-

 

   (a)   cover all aspects of maintenance activity and describe standards to which the approved maintenance organisation intends to work;

 

   (b)   take into account the aircraft and aircraft component design and approved maintenance organisation standards; and

 

   (c)   address the provisions and limitations of these Regulations.

   (3) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000 or to a revocation of his or her certificate, or to both.

 

27.   Capability list

   (1) An approved maintenance organisation shall prepare and retain a current capability list approved by the Authority.

   (2) An approved maintenance organisation shall not perform maintenance, preventive maintenance or modifications on an article until the article has been listed on the capability list in accordance with these Regulations.

   (3) A capability list referred to under subregulation (1) shall identify each article by-

 

   (a)   make and model;

 

   (b)   part number; or

 

   (c)   other nomenclature designated by the article's manufacturer.

   (4) An article may be listed on the capability list only if the article is within the scope of the ratings and classes of the approved maintenance organisation's certificate and only after the approved maintenance organisation has performed a self-evaluation in accordance with these Regulations.

   (5) An approved maintenance organisation shall perform the self- evaluation to determine that the maintenance organisation has all the facilities, equipment, material, technical data, processes, housing and trained personnel in place to perform the work on the article as required.

   (6) If an approved maintenance organisation makes a determination under subregulation (5), it may list the article on the capability list.

   (7) The document of the evaluation described in subregulation (4) shall be signed by the accountable manager and shall be retained on file by the approved maintenance organisation.

   (8) An approved maintenance organisation shall, upon listing an additional article on its capability list, send a copy of the list to the Authority for approval.

   (9) An approved maintenance organisation shall make the capability list available in the premises for inspection by the public and the Authority.

   (10) An approved maintenance organisation shall make the self- evaluation available in the premises for inspection by the Authority.

   (11) An approved maintenance organisation shall retain a capability list and self-evaluation for two years from the date accepted by the accountable manager.

 

28.   Sub-contracted maintenance functions

   (1) An approved maintenance organisation may sub-contract its maintenance functions to another organisation.

   (2) An approved maintenance organisation may sub-contract its maintenance functions to an organisation which is not approved by the Authority provided that the organisation meets the following conditions-

 

   (a)   the approved maintenance organisation shall be approved for work which is to be sub-contracted and have the capability to assess the competence of the sub-contractor;

 

   (b)   the approved maintenance organisation shall retain responsibility for quality control and release of the sub-contracted activities, including the appropriate airworthiness requirements; and

 

   (c)   the approved maintenance organisation shall have necessary procedures for the control of the sub-contracted activities, together with the terms for the personnel responsible for the management.

 

29.   Approved maintenance organisation privileges

   (1) An approved maintenance organisation shall only carry out the following tasks as permitted by and in accordance with the approved maintenance organisation maintenance procedures manual-

 

   (a)   maintaining an aircraft or aircraft components for which it is rated at the locations identified in the approval certificate;

 

   (b)   maintaining any aircraft for which it is rated at any location subject to the need for such maintenance arising from unserviceability of the aircraft;

 

   (c)   performing the activities in support of a specific air operator certificate holder where that holder has requested the service of the approved maintenance organisation at locations other than the location identified on the approved maintenance organisation certificate and the approved maintenance organisation has been rated to maintain the aircraft of that specific air operator certificate holder at the requested location in the approved maintenance organisation operation provisions approved by the Authority; and

 

   (d)   issuing a maintenance release certificate in respect of paragraphs (a), (b) or (c) upon completion of maintenance in accordance with limitations applicable to the approved maintenance organisation.

   (2) The approved maintenance organisation may maintain or alter any article for which it is rated at a place other than the approved maintenance organisation location if-

 

   (a)   the function would be performed in the same manner as when performed at the approved maintenance organisation and in accordance with this Part;

 

   (b)   all necessary personnel, equipment, material and technical or approved standards are available at the place where the work is to be done; and

 

   (c)   the maintenance procedure manual of the station specified approved procedures governing work to be performed at that place other than the location of the approved maintenance organisation.

 

30.   Maintenance release certificate

   (1) The certifying staff may issue a maintenance release certificate to an approved maintenance organisation if satisfied that, all required maintenance of the aircraft or aircraft component have been properly carried out in accordance with the maintenance procedures specified in the maintenance procedures manual.

   (2) An aircraft component, which has been maintained off the aircraft, requires the issue of a certificate of release to service for such maintenance and another maintenance release certificate for being installed properly on the aircraft.

   (3) A maintenance release certificate shall contain-

 

   (a)   basic details of the maintenance carried out;

 

   (b)   the date such maintenance was completed; and

 

   (c)   the identity, including the authorisation reference, of the approved maintenance certificate and certifying staff issuing the certificate.

   (4) A maintenance release certificate is required-

 

   (a)   before flight at the completion of any package of maintenance scheduled by the approved aircraft maintenance program on the aircraft, whether such maintenance took place as base or line maintenance;

 

   (b)   before flight at the completion of any defect rectification, while the aircraft operates between scheduled maintenance; and

 

   (c)   at the completion of any maintenance on an aircraft component when off the aircraft.

   (5) A maintenance release certificate shall contain the following statement:

   "Certifies that the work specified was carried out in accordance with current regulations and in respect of that work the aircraft or aircraft component is considered ready for release to service".

   (6) A maintenance release certificate shall reference the data specified in the manufacturer's or operator's instructions or the aircraft maintenance program which itself may cross-reference to a manufacturer's instruction in a maintenance manual, service bulletin, or other maintenance related document.

   (7) Where instructions include a requirement to ensure that a dimension or test figure is within a specific tolerance as opposed to a general tolerance, the dimension or test figure shall be recorded unless the instruction permits the use of"GO" or "NO GO" gauges and, it shall not be sufficient to state that the dimension or the test figure is within tolerance.

   (8) Where extensive maintenance has been carried out, it is acceptable for the maintenance release certificate to summarise the maintenance as long as there is a cross-reference to the work-pack containing full details of maintenance carried out including dimensional information.

   (9) The date such maintenance was carried out shall include when the maintenance took place relative to any life or overhaul limitation in terms of date, flying hours, cycles, landings or some other relevant value as appropriate.

   (10) The person issuing the maintenance release certificate shall use a full signature and preferably a certification stamp.

   (11) Where a computer maintenance release system is used, the Authority will need to be satisfied that only the particular person referred to in subregulation (10) can electronically issue the maintenance release certificate.

   (12) A person who contravenes a provision of this regulation commits an offence and is liable to a fine of not exceeding P50 000, or to imprisonment to a term not exceeding 10 years, or to both.

 

31.   Maintenance records

   (1) An approved maintenance organisation shall record, in a form acceptable to the Authority, all details ofwork carried out.

   (2) An approved maintenance organisation shall provide a copy of each maintenance release certificate to the aircraft operator, together with a copy of any specific maintenance data used for repairs or modifications carried out.

   (3) An approved maintenance organisation shall retain a copy of all detailed maintenance records and any associated maintenance data for two years from the date the aircraft or aircraft component to which the work relates was released by the approved maintenance organisation.

   (4) A person who maintains, performs preventive maintenance, rebuilds, or modifies an aircraft or aircraft component shall-

 

   (a)   make an entry in the maintenance record of that equipment showing-

 

      (i)   a description and reference to data acceptable to the Authority ofwork carried out,

 

      (ii)   the date of completion of the work carried out,

 

      (iii)   the name of the person performing the work if other than the person specified in this regulation,

 

      (iv)   the signature, type of certificate and certificate of the person approving the work, if the work on the aircraft or aircraft component has been performed satisfactorily, and

 

      (v)   the authorised signature, which constitutes the approval for return to service, the approved maintenance organisation certificate number and kind of certificate held by the person approving or disapproving for maintenance release the aircraft, airframe, aircraft engine, propeller, appliance, component part or portions thereof; and

 

   (b)   enter on a form major repairs and the form executed by the person performing the work, in the manner prescribed by the Authority.

   (5) A person shall not describe in any required maintenance entry or form an aircraft or aeronautical component as being overhauled unless-

 

   (a)   using methods, techniques and practices acceptable to the Authority, it has been disassembled, cleaned, inspected as permitted, repaired as necessary and reassembled; and

 

   (b)   it has been tested in accordance with approved standards and technical data or in accordance with current standards and technical data acceptable to the Authority which have been developed and documented by the holder of the type certificate, supplemental type certificate or a material, part, process or appliance approval under a technical standard order (TSO).

   (6) A person shall not describe in any required maintenance entry or form, an aircraft or other aircraft components as being rebuilt unless it has been-

 

   (a)   disassembled, cleaned, inspected as permitted;

 

   (b)   repaired as necessary; and

 

   (c)   reassembled and tested to the same tolerances and limits as a new item, using either new parts or used parts that either conform to new part tolerances and limits or to approved oversized or undersized dimensions.

   (7) A person shall not issue maintenance release certificate to any aircraft or aircraft component that has undergone maintenance, preventive maintenance, rebuilding, or modification unless-

 

   (a)   the appropriate maintenance record entry specified in subregulation (4)(a) has been made; and

 

   (b)   the major repair and major modification form specified in subregulation (4)(b) authorised by or furnished by the Authority has been executed in a manner prescribed by the Authority.

   (8) If a repair or modification results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, the operating limitations or flight data shall be appropriately revised and set forth as prescribed by the Authority.

   (9) A person approving a maintenance release certificate to an aircraft or aircraft component, after any inspection performed in accordance with this regulation, shall make an entry in the maintenance record of that equipment containing the following information-

 

   (a)   the type of inspection and a brief description of the extent of the inspection;

 

   (b)   the date of the inspection and aircraft total time in service;

 

   (c)   the authorised signature, an approved maintenance organisation certificate number, and kind of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliance, component part or portions thereof;

 

   (d)   if the aircraft is found to be airworthy and approved for maintenance release, that, "I certify that this aircraft has been inspected in accordance with (insert type of inspection) inspection and was determined to be in airworthy condition" or similarly worded statement;

 

   (e)   if the aircraft is not approved for return to service because of needed maintenance, non-compliance with the applicable specifications, airworthiness directives or other approved data, that, "I certify that this aircraft has been inspected in accordance with (insert type ofinspection) inspection and a list of discrepancies and unairworthy items dated (insert date) has been provided for the aircraft owner or operator" or similarly worded statement; and

 

   (f)   if an inspection is conducted under an inspection programme provided for by the Authority, the entry shall identify the inspection program accomplished and contain a statement that the inspection was performed in accordance with the inspections and procedures for that particular program.

   (10) If the person performing any inspection required by this regulation finds that the aircraft is not airworthy or does not meet the applicable type certificate data sheet, airworthiness directives or other approved data upon which that aircraft airworthiness depends, that person shall give the owner or lessee a signed and dated list of the discrepancies.

   (11) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000 or to imprisonment to a term not exceeding 10 years, or to both.

 

32.   Airworthiness data

   (1) An approved maintenance organisation shall have airworthiness data appropriate to support the maintenance work performed on the aircraft or aircraft component from the Authority, the design organisation or any other approved design organisation in the state of manufacture or state of design, as appropriate.

   (2) The airworthiness data shall include, but not limited to-

 

   (a)   these Regulations;

 

   (b)   associated advisory material;

 

   (c)   airworthiness directives;

 

   (d)   manufacturers' maintenance manuals;

 

   (e)   repair manuals;

 

   (f)   supplementary structural inspection documents;

 

   (g)   service bulletins;

 

   (h)   service letters;

 

   (i)   service instructions;

 

   (j)   modification leaflets;

 

   (k)   aircraft maintenance programme;

   (l)   non destructive test manual; and

 

   (m)   airworthiness notices issued by the Authority.

   (3) The Authority may classify data from another authority or organisation as mandatory and may require the approved maintenance organisation to hold such data.

   (4) Where the approved maintenance organisation modifies airworthiness data specified in subregulation (1) or (2) to a format or presentation more useful for its maintenance activities, the approved maintenance organisation shall submit to the Authority an amendment to the maintenance procedure manual for any such proposed modifications for acceptance.

   (5) The approved maintenance organisation shall keep all airworthiness data current and available to all personnel who require access to that data to perform their duties.

   (6) An approved maintenance organisation shall establish a procedure to monitor the revision status of all data and maintain a check that all revisions are being received by being a subscriber to any document revision scheme.

   (7) An approved maintenance organisation airworthiness data shall be made available in the work area in close proximity to the aircraft or aircraft components being maintained and for supervisors, mechanics, and certifying staff to refer to.

   (8) Where the approved maintenance organisation uses computer systems to maintain airworthiness data, the number of computer terminals shall be sufficient in relation to the size of the work program to enable easy access, unless the computer system can produce paper copies.

   (9) Where the approved maintenance organisation uses microfilm or microfiche readers-printers, a similar requirement as specified in subregulation (8) shall be applicable.

   (10) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P15000orto imprisonment to a term not exceeding three years, or to both.

 

33.   Reporting of unairworthy conditions

   (1) An approved maintenance organisation shall report to the Authority, the state of registry and the organisation responsible for the design of the aircraft or component identified by the organisation that has resulted or may result in an unsafe condition of the aircraft or pose a serious risk to flight safety.

   (2) Reports shall be made on a form prescribed by the Authority and contain all pertinent information about the condition known to the approved maintenance organisation.

   (3) Where the approved maintenance organisation is contracted by an air operator certificate holder to carry out maintenance, that approved maintenance organisation shall report to the air operator certificate holder any condition affecting the aircraft or aircraft component.

   (4) The approved maintenance organisation shall make the report as soon as practicable, but in any case, within three days of the approved maintenance organisation identifying the condition to which the report relates.

   (5) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000 or to imprisonment to a term not exceeding 10 years, or to both.

 

34.   Inspections

   (1) An approved maintenance organisation shall allow the Authority unlimited access to inspect the approved maintenance organisation and any of its contracted organisations at any time to determine compliance with these Regulations.

   (2) The approved maintenance organisation shall in its arrangements with a contractor for maintenance, preventive maintenance or modifications, include provisions for inspection of the contractor by the Authority.

   (3) The Authority shall inspect an approved maintenance organisation at least once annually.

   (4) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000 or to imprisonment to a term not exceeding 10 years, or to both.

 

35.   Performance standards

   (1) An approved maintenance organisation that performs any maintenance work for an air operator having an approved maintenance programme or an approved continuous maintenance programme shall perform that work in accordance with the air operator's manuals.

   (2) Notwithstanding subregulation (1), each approved maintenance organisation shall perform its maintenance and modification operations in accordance with the applicable airworthiness standards.

   (3) An approved maintenance organisation shall maintain in current condition, all manufacturer's service manuals, instructions and service bulletins and any other airworthiness instructions that relate to the articles that it maintains or modifies.

   (4) An approved maintenance organisation with an avionics rating shall comply with the requirements ofthese Regulations that apply to electronic systems and shall use materials that conform to approved specifications for equipment appropriate to its rating and test apparatus, shop equipment, performance standards, test methods, modifications and calibrations that conform to the manufacturer's specifications or instructions, approved specification and if not otherwise specified, in accordance with good practices of the aircraft avionics industry.

PART VI
General (regs 36-42)

 

36.   Possession of certificate

   A holder of an approved maintenance organisation certificate issued by the Authority under these Regulations shall have the certificate in his or her physical possession or at the work site when exercising the privileges of that certificate.

 

37.   Drug and alcohol testing and reporting

   (1) A person who performs any function requiring testing and Authority's approval may be tested for drug or alcohol usage.

   (2) Where the Authority or any person authorised by the Authority wishes to test a person referred to in subregulation (1) for the percentage by level of alcohol in the blood or for the presence of drugs and that person-

 

   (a)   refuses to submit to the test; or

 

   (b)   having submitted to the test, refuses to authorise the release of the test results, the Authority may suspend or revoke the certificate of the approved maintenance organisation that employs that person.

   (3) In determining whether to suspend or revoke the certificate of the approved maintenance organisation, the Authority shall consider all relevant factors, including-

 

   (a)   whether the approved maintenance organisation had knowledge of the drug or alcohol use;

 

   (b)   whether the approved maintenance organisation encouraged the person to refuse the drug or alcohol test;

 

   (c)   whether the approved maintenance organisation suspended or dismissed the person who failed or refused the drug tests; or

 

   (d)   the position that person held in the approved maintenance organisation.

   (4) The Authority shall require the approved maintenance organisation to show cause why that person should not be dismissed from the employment of the approved maintenance organisation.

   (5) A person who is convicted, whether in or outside Botswana, for any offence relating to the processing, manufacture, sale, disposition, possession, transportation or importation of drugs, shall be dismissed from the employment of the approved maintenance organisation.

   (6) The Authority may suspend or revoke the certificate of an approved maintenance organisation that refuses to dismiss from its employment a person referred to under subregulation (5).

 

38.   Replacement of documents

   A person may apply to the Authority in the prescribed form for replacement of documents issued under these Regulations if such documents are lost or destroyed.

 

39.   Suspension or revocation for public interest

   (1) The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate, exemption or other document issued, granted or which has effect under these Regulations.

   (2) The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, vary, suspend or revoke any certificate, approval, permission, exemption or other document issued or granted under these Regulations.

   (3) A holder or any person who has possession or custody of any certificate, exemption or other documents which has been revoked, suspended or varied under these Regulations shall surrender the certificate, exemption or such other documents to the Authority within 14 days from the date ofvariation, suspension or revocation.

   (4) The breach of any condition subject to which any certificate, approval, permission, exemption or any other document has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.

 

40.   Use and retention of certificates and records

   (1) A person shall not-

 

   (a)   use any certificate, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended or to which he or she is not entitled;

 

   (b)   forge or alter any certificate, approval, permission, exemption or other document issued or required by or under these Regulations;

 

   (c)   lend any certificate, approval, permission, exemption or other document issued or required by or under these Regulations to any other person; or

 

   (d)   make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any such certificate, approval, permission or exemption or other document.

   (2) A person shall not, during the period for which the records are required under these Regulations to be preserved, mutilate, alter, render illegible or destroy any records or any entry made therein, required by or under these Regulations to be maintained or knowingly make or procure or assist in the making of, any false entry in any such records or wilfully omit to make a material entry in such records.

   (3) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

   (4) A person shall not issue any certificate of the kind referred to in regulation 4 unless he or she is satisfied that all statements in the certificate are correct and that the applicant is qualified to hold that certificate.

 

41.   Reports of violation

   (1) A person who knows of a violation of these Regulations shall report such violation to the Authority.

   (2) The Authority shall determine the nature and type of any additional investigation or enforcement action that needs to be taken.

   (3) A person who contravenes a provision of this regulation commits an offence and is liable to a fine of not exceeding P20 000 or to imprisonment for a term not exceeding three months, or to both.

 

42.   Enforcement of directions

   A person who fails to comply with any direction given to him or her by the Authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision and therefore liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding two months, or to both.

PART VII
Exemptions (regs 43-46)

 

43.   Requirements for application

   (1) A person may, in not less than 60 days before the proposed effective date, apply in writing to the Authority for an exemption from these Regulations.

   (2) A request for an exemption shall contain the applicant's-

 

   (a)   name;

 

   (b)   physical address and mailing address;

 

   (c)   telephone number;

 

   (d)   fax number;

 

   (e)   email address; and

 

   (f)   reasons for requesting exemption.

   (3) The application shall be accompanied by a non-refundable fee of P5 000.

 

44.   Substance of the request for exemption

   (1) An application for an exemption shall contain the following-

 

   (a)   a citation of the specific requirement from which the applicant seeks exemption;

 

   (b)   an explanation ofwhy the exemption is needed;

 

   (c)   a description of the type of operations to be conducted under the proposed exemption;

 

   (d)   the proposed duration of the exemption;

 

   (e)   an explanation ofhow the exemption would be in the public interest, that is, benefit the public as a whole;

 

   (f)   a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; and

 

   (g)   a review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware.

   (2) Where the applicant seeks emergency processing of the exemption application, the application shall contain supporting facts and reasons for the late filling of the application and reasons necessitating urgent processing of application.

   (3) The Authority may deny an application if the Authority is not satisfied that the applicant has justifiable reasons for his or her application for exemption to be processed in the normal time.

 

45.   Initial review by the Authority

   (1) The Authority shall review the application for accuracy and compliance with the requirements of these Regulations.

   (2) Where the requirements under these Regulations have not been met, the Authority shall notify the applicant and take no further action until and unless the applicant corrects the application and re-files it in accordance with these Regulations.

   (3) If the request is for emergency relief, the Authority shall publish the application or the Authority's decision as soon as possible in either the Gazette, aeronautical information circular or at least one local daily newspaper after processing the application.

 

46.   Evaluation of the exemption request

   (1) After initial review of the exemption request, if the filing requirements have been satisfied, the Authority shall conduct an evaluation of the request to determine-

 

   (a)   whether an exemption would be in the public interest;

 

   (b)   whether the applicant's proposal would provide a level of safety equivalent to that established by these Regulations, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority's technical resources, the Authority may deny the exemption on that basis;

 

   (c)   whether a grant of the exemption would contravene the applicable ICAO Standards and Recommended Practices; and

 

   (d)   whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

   (2) The Authority shall notify the applicant by letter and publish in either the Gazette or at least one local daily newspaper with wide circulation, a detailed summary of its evaluation and decision to grant or deny the exemption request.

   (3) The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.

   (4) If the exemption affects a significant population of the aviation community of Botswana the Authority shall publish the summary in an aeronautical information circular.

PART IX
Miscellaneous (regs 47-49)

 

47.   Contravention of Regulations

   A person who contravenes any provision of these Regulations may have his or her certificate, exemption or other document suspended or revoked.

 

48.   Offences and penalties

   (1) If a provision of any regulation is contravened in relation to an aircraft, the operator of that aircraft and the pilot-in-command, if the operator or the pilot-in-command is not the person who contravened that provision he or she shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed to have contravened that provision unless he or she proves that the contravention occurred without his or her consent or connivance and that he or she exercised all due diligence to prevent the contravention.

   (2) Subregulation (1) shall not apply if the person proves that the contravention occurred without his or her consent or connivance and that he or she exercised all due diligence to prevent the contravention.

   (3) A person who contravenes a provision of any regulation for which no penalty is provided, commits an offence and is liable to a fine not exceeding P50 000 or to imprisonment for a term not exceeding 10 years, or to both.

 

49.   Transition and savings

   (1) A valid licence, certificate, permit or authorisation issued or granted by the Director of Civil Aviation or the Authority or any authorised organisation before the commencement of these Regulations shall remain operational until it expires or is revoked, annulled or replaced.

   (2) Notwithstanding any other provisions of these Regulations, a person who, at the commencement of these Regulations, is carrying out any acts, duties or operations, affected by these Regulations, shall within six months from the date of commencement, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements ofthese Regulations or cease to carry out such acts, duties or operations.

SCHEDULE 1

FORM A

 

(reg 6(3) and 9(1))

 

FORM B

 

(reg 7(1))

 

APPROVED MAINTENANCE ORGANISATION CERTIFICATE

 

REPUBLIC OF BOTSWANA 

 

Approved Maintenance Organisation Certificate 

 

Number 

 

This certificate is issued to 

 

Whose business address is 

 

Upon finding that its organisation complies in all respects with the requirements of the Civil Aviation (Approved Maintenance Organisation) Regulations, relating to the establishment of an Approved Maintenance Organisation and is empowered to operate an Approved Maintenance Organisation. 

 

With the following ratings: 

 

This certificate shall continue in effect until [DATE] unless suspended, or revoked. 

 

Date issued By Direction of the Authority 

 

.......................................... ......................................... 

 

CAA Office: .................................................................. 

 

SCHEDULE 2

 

(reg 25(1) and (10))

 

MAINTENANCE PROCEDURES MANUAL FORMAT

 

PART 1- MANAGEMENT

 

1.1    Corporate commitment by the accountable manager

 

1.2 Management personnel

 

1.3    Duties and responsibilities of the management personnel

 

1.4 Management Organisation Chart

 

1.5    List of certifying staff
Note: A separate document may be referenced

 

1.6    Manpower resources

 

1.7    General description of the facilities at each address intended to be approved

 

1.8    Organisation's intended scope ofwork

 

1.9    Notification procedure to the Authority regarding changes to the organisation's activities, approval or location ofpersonnel

 

1.10 Manual amendment procedures

 

PART 2- MAINTENANCE PROCEDURES

 

2.1 Supplier evaluation procedure

 

2.2    Acceptance or inspection of aircraft components and material from outside contractors

 

2.3    Storage, tagging and release of aircraft components and material to aircraft maintenance

 

2.4    Acceptance of tools and equipment

 

2.5    Calibration oftools and equipment

 

2.6    Use of tooling and equipment by staff (including alternate tools)

 

2.7    Cleanliness standards of maintenance facilities

 

2.8    Maintenance instructions and relationship to aircraft/aircraft component manufacturers' instructions including updating and availability to staff

 

2.9    Repair procedure

 

2.10 Aircraft maintenance program compliance

 

2.11 Airworthiness Directives procedure

 

2.12 Optional modification procedure

 

2.13 Maintenance documentation in use and completion ofsame

 

2.14 Technical record control

 

2.15 Rectification of defects arising during base maintenance

 

2.16 Release to service procedure

 

2.17 Records for the air carrier

 

2.18 Reporting of defects to the Authority, Operator or Manufacturer

 

2.19 Return of defective aircraft components to store

 

2.20 Defective components to outside contractors

 

2.21 Control of computer maintenance record systems

 

2.22 Reference to specific maintenance procedures such as:

 

      (i)   Engine running procedures,

 

      (ii)   Aircraft pressure run procedures,

 

      (iii)   Aircraft towing procedures, and

 

      (iv)   Aircraft taxiing procedures.

 

PART L2- ADDITIONAL LINE MAINTENANCE PROCEDURES

 

L2.1 Line maintenance control of aircraft components, tools, equipment, etc.

 

L2.2 Line maintenance procedures related to servicing/fuelling/ de-icing, etc.

 

L2.3 Line maintenance control of defects and repetitive defects

 

L2.4 Line procedure for completion of technical log

 

L2.5 Line procedure for pooled parts and loan parts

 

L2.6 Line procedure for return of defective parts removed from aircraft

 

PART 3- QUALITY SYSTEM PROCEDURES

 

3.1 Quality audit of organisation procedures

 

3.2 Quality audit of aircraft

 

3.3 Quality audit remedial action procedure

 

3.4 Certifying staff qualification and training procedures

 

3.5 Certifying staff records

 

3.6 Quality audit personnel

 

3.7 Qualifying inspectors

 

3.8 Qualifying mechanics

 

3.9 Exemption process control

 

3.10 Concession control for deviation from organisations' procedures

 

3.11 Qualification procedure for specialised activities such as non-destructive testing, welding, etc.

 

3.12 Control of manufacturers' working teams

 

PART 4- DOCUMENTATION

 

4.1 Contracted air operators

 

4.2 Air operator procedures and paperwork

 

4.3 Air operator record completion

 

PART 5- APPENDICES

 

5.1 Sample of documents

 

5.2 List of subcontractors

 

5.3 List ofline maintenance locations

 

CIVIL AVIATION (AIRCRAFT NATIONALITY AND REGISTRATION MARKS) REGULATIONS

 

(section 89)

 

(23rd March, 2012)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Interpretation

 

 

 

PART II
Aircraft Registration

 

   3.   Aircraft to be registered

 

   4.   Requirements for registration of aircraft

 

   5.   Application for registration of aircraft

 

   6.   Registration of aircraft

 

   7.   Conditions of registration

 

   8.   Variation of certificate of registration

 

   9.   Issue of duplicate certificate of registration

 

   10.   De-registration

 

   11.   Suspension of certificate of registration

 

   12.   Revocation of certificate of registration

 

   13.   Register to be kept

 

   14.   Inspection of certificate of registration

 

 

 

PART III
Nationality and Registration Marks

 

   15.   Nationality and registration marks

 

   16.   Marking and manner of affixation

 

   17.   Identification plate required

 

   18.   Removal of marks

 

 

 

PART IV
General

 

   19.   Documents to be carried

 

   20.   Production of documents

 

   21.   Power to inspect and copy records

 

   22.   Offences

 

   23.   General penalty

 

   24.   Savings

 

 

 

      SCHEDULES

 

 

S.I. 21, 2012.

PART I
Preliminary (regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "airship" means a power-driven lighter-than-air aircraft";

   "balloon" means a non power-driven lighter-than-air aircraft;

   "certificate of de-registration" means a certificate issued under regulation 10(3);

   "certificate of registration" means a certificate issued under regulation 6;

   "fireproof material" means any material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose;

   "glider" means a non power-driven heavier-than-air aircraft which derives lift in flight mainly from aerodynamic reactions on surfaces which remain fixed under given conditions offlight;

   "gyroplane" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors which rotate freely on substantially vertical axis;

   "heavier-than-air aircraft" means any aircraft which derives its lift in flight mainly from aerodynamic forces;

   "kite" means a tethered aircraft;

   "lighter-than-air aircraft" means any aircraft supported mainly by its buoyancy in the air;

   "nationality mark" means a mark assigned to an aircraft under regulation 16;

   "non type certificated aircraft" means an aircraft that has not been issued with a type certificate;

   "power-chute" means a powered parachute; and

   "registration mark" means a mark assigned to an aircraft under regulation 16.

PART II
Aircraft Registration (regs 3-14)

 

3.   Aircraft to be registered

   (1) Subject to subregulations (2) and (3), an aircraft shall not fly in or over Botswana unless-

 

   (a)   it is registered in Botswana under regulation 6;

 

   (b)   it is registered in a contracting State to the Chicago Convention; or

 

   (c)   it is registered in some other State in relation to which there is in force an agreement between the Government of Botswana and the Government of that State which makes provision for the flight over Botswana of aircraft registered in that State.

   (2) A prototype aircraft may fly unregistered for purposes of conducting experimental flight trials-

 

   (a)   within designated flying space in Botswana without passing over any other State; and

 

   (b)   in accordance with the conditions of a permit to fly issued by the Authority.

   (3) Subregulation (1) shall not apply to any kite, captive balloon or a power-chute.

   (4) If an aircraft flies over Botswana in contravention of subregulation (1) in such manner or circumstances that if the aircraft had been registered in Botswana an offence against these Regulations would have been committed, a similar offence shall be deemed to have been committed in respect of that aircraft.

 

4.   Requirements for registration of aircraft

   (1) Subject to this regulation, an aircraft shall not be registered or continue to be registered in Botswana if it appears to the Authority that-

 

   (a)   the aircraft is registered outside Botswana and that such registration does not cease by operation of law upon the aircraft being registered in Botswana;

 

   (b)   an unqualified person holds any legal or beneficial interest by way of ownership or to any share in the aircraft;

 

   (c)   the aircraft could more suitably be registered in some other State;

 

   (d)   it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Botswana; or

 

   (e)   the applicant or any person who holds any legal or beneficial interest by way of ownership or to any share in the aircraft has previously been convicted of an offence under regulation 22 within five years prior to the submission of the application.

   (2) An aircraft is eligible for registration if it is owned by a citizen of Botswana, a citizen of a foreign State who is lawfully resident in Botswana, a corporation lawfully incorporated and doing business under the laws of Botswana or a government entity of Botswana;

   (3) The following persons are qualified to hold a legal or beneficial interest by way of ownership or to any share in an aircraft registered in Botswana-

 

   (a)   the Government;

 

   (b)   Botswana citizens or persons lawfully resident in Botswana; and

 

   (c)   a company incorporated in Botswana under the Companies Act and having its principal place of business in Botswana.

   (4) If an unqualified person-

 

   (a)   residing or having a place of business in Botswana holds a legal or beneficial interest by way of ownership or to a share in an aircraft, the Authority, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Botswana; or

 

   (b)   has registered an aircraft under this subregulation, he or she shall not cause or permit the aircraft, while it is so registered, to be used for the purpose of commercial air transport or aerial work.

   (5) If an aircraft is chartered by demise, leased or the subject of a lease or hire purchase agreement to a qualified person under subregulation (3), the Authority may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in Botswana in the names of the parties to the charter or hire purchase agreement, upon being satisfied that the aircraft may otherwise remain so registered during the continuation of the charter, lease or hire purchase agreement.

 

5.   Application for registration of aircraft

   (1) An application for the registration of an aircraft shall be made to the Authority in Form A set out in Schedule 1 to these Regulations and shall-

 

   (a)   include or be accompanied by such particulars so as to certify the eligibility of the applicant in terms of regulation 4;

 

   (b)   include any evidence relating to the aircraft's ownership;

 

   (c)   include the designation, model and serial number of the aircraft;

 

   (d)   include the proper description of the aircraft according to the "Classification of Aircraft" set out in Schedule 2;

 

   (e)   include the category of the aircraft to be registered as set out in Form A in Schedule 1; and

 

   (f)   include such other information as the Authority may request.

   (2) An application for registration shall be accompanied by a non refundable application fee set out in Schedule 3.

 

6.   Registration of aircraft

   (1) The Authority shall, where it is satisfied that an aircraft meets the requirements for registration, register the aircraft and issue a certificate of registration in Form B set out in Schedule 1 to the person in whose name the aircraft is registered, in these Regulations referred to as "the registered owner", and include on the certificate-

 

   (a)   the number of the certificate;

 

   (b)   the date of issue of the certificate;

 

   (c)   the registration mark assigned to it by the Authority under regulation 16;

 

   (d)   the nationality marks to be painted or affixed on the Aircraft under regulation 15;

 

   (e)   the serial number of the aircraft;

 

   (f)   the name and address of every person who is the owner or charterer of the aircraft, or in the case of more than one owner, the person acting on behalf of the other owner; and

 

   (g)   conditions attached to the registration of the aircraft.

   (2) The Authority shall, where an aircraft is equipped with a Mode S transponder, assign to the registered aircraft a 24-bit Mode S transponder address code.

   (3) The Authority shall issue a certificate of registration subject to the payment of the fee set out in Schedule 3.

 

7.   Conditions of registration

   (1) A registered owner shall operate the aircraft in accordance with the terms and conditions stipulated in the certificate of registration issued under regulation 6.

   (2) Any person who is the registered owner of an aircraft registered in Botswana shall immediately inform the Authority in writing of-

 

   (a)   any change in the particulars which were furnished to the Authority at the time of making the application for registration under regulation 5;

 

   (b)   the destruction of the aircraft, or its permanent withdrawal from use; and

 

   (c)   the termination of a charter, lease or hire purchase agreement in the case of an aircraft that is chartered, leased or subject to a hire purchase agreement.

   (3) A certificate of registration shall be carried on-board the aircraft for which it is issued at all times.

   (4) Any person who becomes the owner of an aircraft registered in Botswana shall, within 28 days of his or her becoming an owner of that aircraft, inform the Authority in writing to that effect.

 

8.   Variation of certificate of registration

   (1)The Authority may vary or modify a certificate of registration upon application by the registered owner where there are changes to the conditions of registration under regulation 7.

   (2) An application for variation of a certificate of registration shall be made to the Authority in writing and shall be accompanied by such documents as may be specified by the Authority.

   (3) The Authority shall not accept an application for variation of a certificate of registration where the application is not accompanied by such documents as the Authority may specify and the fee set out in Schedule 3.

   (4) The Authority may, where the applicant meets all the requirements, vary or modify a certificate of registration as it may deem appropriate based on the information given by the registered owner.

 

9.   Issue of duplicate certificate of registration

   A registered owner whose certificate of registration is lost, destroyed ormutilated may, by application to the Authority, and on payment of the fee set out in Schedule 3, obtain a duplicate certificate of registration.

 

10.   De-registration

   (1) The registered owner may apply for de-registration for purposes of registering the aircraft in another State or for any other purpose.

   (2) An application for de-registration under subregulation (1) shall be made in Form C set out in Schedule 1 and where the Authority is satisfied that all the requirements have been met, issue a confirmation of de-registration.

   (3) An application for de-registration under subregulation (2) shall be subject to the fees set out in Schedule 3.

 

11.   Suspension of certificate of registration

   (1) The Authority may suspend a certificate of registration where-

 

   (a)   there exists any information which is subject to verification as to the ownership of the aircraft or the eligibility of the registered owner;

 

   (b)   the registered owner fails to comply with any conditions imposed by the Authority under regulation 7; or

 

   (c)   it deems it appropriate to do so.

   (2) The Authority may re-instate any certificate suspended under this regulation where the owner has complied with any of the conditions specified under regulation 7 or the owner has verified his or her ownership or eligibility as the owner of the aircraft.

   (3) The owner shall pay the fee set out in Schedule 3 for the re-instatement of his or her certificate of registration.

 

12.   Revocation of certificate of registration

   (1) A certificate of registration shall be revoked by the Authority where-

 

   (a)   after any time an aircraft has been registered in Botswana, an unqualified person becomes entitled as owner to a legal or beneficial interest in the aircraft or has a share to the aircraft;

 

   (b)   the aircraft is destroyed or it is permanently withdrawn from use;

 

   (c)   there is termination of a charter, lease or hire purchase agreement;

 

   (d)   the registered owner has been convicted of an offence under the Act; or

 

   (e)   the registered owner contravenes any of these Regulations.

   (2) The Authority shall, before revoking a certificate of registration, require the registered owner to-

 

   (a)   return to the Authority, the certificate of registration;

 

   (b)   remove all registration and nationality marks assigned to the aircraft, where the aircraft is de-registered for export purposes;

 

   (c)   remove the 24-bit Mode S transponder address code assigned upon the aircraft under regulation 6, where applicable; and

 

   (d)   comply with other conditions that the Authority may specify.

 

13.   Register to be kept

   (1) The Authority shall maintain a register and record in it all particulars specified in regulation 6, including the date when a certificate of registration is issued, varied, suspended or revoked.

   (2) The Authority may, where it is necessary after receiving any information under regulation 7, update the register as appropriate.

   (3) The Authority shall provide such information to another contracting State as to aircraft registration as may be requested by the contracting State.

   (4) Any person who wishes to search and make a copy of any certificate or any other document shall pay the fee set out in Schedule 3.

 

14.   Inspection of certificate of registration

   A registered owner shall present a certificate of registration for inspection upon the request from the Authority or any person authorised by the Authority.

PART III
Nationality and Registration Marks (regs 15-18)

 

15.   Nationality and registration marks

   (1) An aircraft, other than an aircraft permitted under these Regulations to fly without being registered, shall not fly unless it bears painted on it or affixed to it, in the manner required by the law of the State in which it is registered, the nationality and registration marks required by that law.

   (2) An aircraft shall not bear any marks which purport to indicate-

 

   (a)   that the aircraft is registered in a State in which it is not in fact registered; or

 

   (b)   that the aircraft is a State aircraft of a particular State where it is not in fact such an aircraft, unless the appropriate authority of that State has permitted the bearing of such marks.

 

16.   Marking and manner of affixation

   (1) A person shall not operate an aircraft registered in Botswana unless the aircraft displays nationality and registration marks in accordance with the requirements of these Regulations.

   (2) The marks to be borne by aircraft registered in Botswana shall be-

 

   (a)   A2 for the nationality mark, followed by a hyphen; and

 

   (b)   a group of three capital letters in Roman characters for the registration marks of an aircraft.

   (3) The registration mark for an aircraft shall be a group of three capital letters in Roman characters and shall-

 

   (a)   start with the letter "U" for a non type certificated aircraft;

 

   (b)   start with the letter "U" for a type certificated balloon;

 

   (c)   start with the letters "EX" for an experimental aircraft; and

 

   (d)   start with the letter "H" for a helicopter.

   (4) The nationality marks and the registration marks under this regulation shall comply with such requirements as may be specified by the Authority.

   (5) An owner who wishes to have his or her aircraft assigned with any special registration marks shall apply in writing to the Authority and pay the fee set out in Schedule 3.

   (6) Marks approved by the Authority for use by a non type certificated aircraft shall be deemed not to purport to indicate that the non type certificated aircraft is registered in a State in which it is not registered.

 

17.   Identification plate required

   (1) The owner shall affix to each aircraft registered in Botswana an identification plate which shall be-

 

   (a)   engraved or stamped with the nationality and registration marks and name and address of the registered owner;

 

   (b)   made of stainless steel or other fireproof material of suitable physical properties; and

 

   (c)   secured to the aircraft in a prominent position, near the main entrance, or, in the case of an unmanned free balloon, affixed conspicuously to the exterior of the payload.

   (2) Where an aircraft changes details provided for under subregulation (1)(a), the identification plate shall also be changed.

 

18.   Removal of marks

   (1) When an aircraft that is registered in Botswana is sold, the registered owner shall, before delivery to the purchaser, remove the nationality and registration marks and the 24-bit Mode S transponder address code, where necessary, unless the purchaser is a citizen of Botswana or other legal entity specified under regulation 4.

   (2) Any person who wishes to have the registration marks of his or her aircraft re-assigned to him shall apply in writing to the Authority and pay the fee set out in Schedule 3.

PART IV
General (regs 19-24)

 

19.   Documents to be carried

   (1) An aircraft shall not fly unless it carries the documents that it is required to carry under the law of the State in which it is registered.

   (2) An aircraft registered in Botswana shall, when in flight, carry documents in accordance with the instructions given or requirements specified by the Authority.

 

20.   Production of documents

   The pilot-in-command of an aircraft shall, within a reasonable time after being requested to do so by any person authorised by the Authority, cause to be produced to that person-

 

   (a)   the certificate of registration in force in respect of the aircraft; and

 

   (b)   such other documents as the aircraft is required to carry when in flight.

 

21.   Power to inspect and copy records

   The Authority may authorise, in writing, any person to inspect and copy any certificate, document or record which is required to be carried under regulation 19.

 

22.   Offences

   (1) A person shall not, with intent to deceive-

 

   (a)   use any certificate, mark, exemption or other document issued or required under these Regulations which has been forged, altered, revoked or suspended, or to which he or she is not entitled;

 

   (b)   lend any certificate, exemption or other document issued or having effect under these Regulations to, or allow it to be used by, any other person; or

 

   (c)   make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any such certificate, mark, exemption or other document.

   (2) In this regulation a reference to a certificate or other document includes a copy or purported copy of the certificate or other document.

   (3) A person shall not-

 

   (a)   intentionally damage, alter or render illegible any certificate, entry, code or other record required to be maintained under these Regulations;

 

   (b)   knowingly make, or procure or assist in the making of any false entry in or material omission from any certificate, code or record; or

 

   (c)   destroy any certificate, entry, code or record during the period for which it is required under these Regulations to be preserved.

   (4) A person shall not purport to issue any certificate, mark or code for the purposes of these Regulations unless he or she is authorised to do so by the Authority in writing.

 

23.   General penalty

   Any person who contravenes any of the provisions of these Regulations commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.

 

24.   Savings

   (1) Any certificate of registration issued prior to the commencement of these Regulations shall remain valid until the expiry, or, where the expiry period is not specified, for a period of six months from the commencement of these Regulations, unless otherwise revoked.

   (2) Any nationality marks or registration marks assigned to an aircraft before the commencement of these Regulations shall continue to be valid as if the assignment was done under these Regulations.

SCHEDULE 1

FORM A
APPLICATION FOR REGISTRATION OF AIRCRAFT

 

(reg 5(1))

 

 

 

 

 

 

 

 

 

FORM B
CERTIFICATE OF REGISTRATION

 

(reg 6 (1))

 

1. Nationality and Registration Marks 

2. Manufacturer and Manufacturer's Designation of Aircraft 

3. Aircraft Serial no. 

A2- 

 

 

 

4. Name of Owner: 

.......................................................................................................................... 

5. Address of Owner 

.......................................................................................................................... 

It is hereby certified that the above described aircraft has been duly entered on the Register of the Republic of Botswana in accordance with the Chicago Convention and the Civil Aviation Authority Act. 

 

Date of Issue ........................................ Certificate Serial No .................................... 

 

Max. All Up Weight: kg ..........................................................
For/Civil Aviation Authority of Botswana 

 

Note: The Person or Company in whose name an aircraft is registered may or may not be its legal owner. Prospective purchasers are warned, therefore, that this Certificate of Registration is not proof of Ownership. 

On change of Registration or sale of the aircraft, this Certificate of Registration must be duly completed by the previous and new owners and returned to the Civil Aviation Authority of Botswana, P. O. Box 250, Gaborone, Botswana. 

NB: The aircraft is not permitted to fly unless there is on board a valid Certificate of Registration. 

 

Address: ............................................................................................................. 

Signature of Previous Owner: ................................................................................. 

Date of Change of Ownership: ................................................................................ 

Name of New Owner: ............................................................................................. 

Address of New Owner: .......................................................................................... 

Signature of New Owner: ......................................................................................... 

 

No entries or endorsements may be made on this Certificate of Registration except by an Authorized Officer of the Civil Aviation Authority of Botswana, Gaborone. 

 

If this Certificate is lost the Civil Aviation Authority of Botswana, Gaborone should be informed immediately. 

If this Certificate is found, it should be returned to the Civil Aviation Authority of Botswana, P.O. Box 250, Gaborone, Botswana

FORM C
APPLICATION FOR DE-REGISTRATION

 

(reg 10(3))

 

 

 

 

SCHEDULE 2

 

(reg 5(1)(d))

 

CLASSIFICATION OF AIRCRAFT

 

 

SCHEDULE 3

 

 

FEES 

 

Regulation 5(2) 

Application for a certificate of registration 

 

Not exceeding 5 700kg 

 

 

   private 

220 

 

   commercial 

700 

 

   other 

600 

 

Exceeding 5 700kg 

 

 

   private 

440 

 

   commercial 

1 400 

 

   other 

1 200 

Regulation 6(3) 

Issue of a certificate of registration 

 

 

Not exceeding 5 700kg 

410 

 

Exceeding 5 700kg 

570 

Regulation 8(3) 

Application for variation of certificate of registration 

 

 

Not exceeding 5 700kg 

400 

 

Exceeding 5 700kg 

800 

Regulation 9 

Application for de-registration 

 

 

Not exceeding 5 700kg 

 

 

   private 

220 

 

   commercial 

700 

 

   other 

600 

 

Exceeding 5 700kg 

 

 

   private 

440 

 

   commercial 

1 400 

 

   other 

1 200 

Regulation 11(3) 

Application for re-instatement of certificate 

570 

Regulation 13(4) 

Searches and copies of documents/certificate 

100 

Regulation 16(5) 

Application for assignment of special registration marks 

 

 

Not exceeding 5 700kg 

2 000 

 

Exceeding 5 700kg 

3000 

Regulation 18(2) 

Re-assignment of aircraft registration marks 

 

 

Not exceeding 5 700kg 

2 000 

 

Exceeding 5 700kg 

3000

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