Civil Aviation (Accident and Incident Investigation) Regulations

Civil Aviation (Aerodromes) Regulations

Civil Aviation (Air Operator Certification and Administration) Regulations

Civil Aviation (Appeals Tribunal) Regulations

Civil Aviation (Approved Training Organisations) Regulations

Civil Aviation (Equipment and    Instruments) Regulations

Civil Aviation, Land Use Control (Sir Seretse Khama Airport) Order

Civil Aviation (Licensing of Air Services) Regulations

Civil Aviation (Personnel Licensing) (Flight Crew) Regulations

Civil Aviation (Personnel Licensing) (General) Regulations

Civil Aviation (Personnel Licensing) (Other Personnel) Regulations

Civil Aviation (Rules of the Air and Air Traffic Services) Regulations

New Gaborone Airport (Controlled Area) Order

Civil Aviation (Aircraft Operations) Regulations

Civil Aviation (Air Navigation Services) Regulations

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.

CIVIL AVIATION (RULES OF THE AIR AND AIR TRAFFIC SERVICES) REGULATIONS

(section 89)

(23rd March, 2012)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Application of rule

   3.   Interpretation

PART II
General flight rules

   4.   Dangerous operation of aircraft

   5.   Problematic use of psychoactive substance

   6.   Low flying

   7.   Formation flights

   8.   Unmanned free balloons

   9.   Acrobatic manoeuvres

   10.   Right-hand traffic rule

   11.   Prohibited areas and restricted areas

   12.   Flights over game parks, game reserves and national parks

   13.   Cruising levels

   14.   Altimeter setting

   15.   Dropping, spraying, towing and parachute descents

   16.   Proximity to other aircraft

   17.   Right-of-way rules in air operation

   18.   Right-of-way rules in ground operation

   19.   Right-of-way rules in water operation

   20.   Coordinated Universal Time

PART III
Lights and other signals to be shown or made by aircraft and aerodrome

   21.   Interpretation for purposes of Schedule 2

   22.   Display of lights and signals for aerodrome traffic

   23.   Failure of lights by night

   24.   Conditions for lights to be displayed by an aircraft

   25.   Balloons, kites, airships, gliders and parascending parachutes

   26.   Captive balloons and kites by day

   27.   Captive balloons and kites by night

   28.   Airships by day and night

   29.   Anti-collision light

   30.   Simulated instrument flight conditions

   31.   Practice instrument approaches

   32.   Aerodromes not having air traffic control units

   33.   Aerodromes having air traffic control units

   34.   Operations on or in the vicinity of an aerodrome

   35.   Access to and movement in the manoeuvring area

PART IV
Signals to be displayed by aircraft

   36.   Universal aviation signals

   37.   Misuse of signals and markings

   38.   Distress signals

   39.   Urgency signals

   40.   Aircraft interception and interception signals

   41.   Visual signals to warn an unauthorised aircraft entering notified airspace

   42.   Marshalling signals - signalman to a pilot

   43.   Marshalling signals - pilot to a signalman

PART V
Flight plans

   44.   Pre-flight action

   45.   Flight plan

   46.   Submission of a flight plan

   47.   Contents of a flight plan

   48.   Changes to a flight plan

   49.   Closing a flight plan

PART VI
Air traffic services

   50.   Air traffic control clearances

   51.   Potential re-clearance in flight

   52.   Adherence to air traffic control clearances

   53.   Route to be flown

   54.   Air traffic control clearance inadvertent changes

   55.   Air traffic control clearance - intended changes

   56.   Position report

   57.   Communications

   58.   Communication failure - air-to-ground

   59.   Communication failure - ground-to-air

   60.   Unlawful interference of aircraft

   61.   Lawful interception of aircraft

Miscellaneous

   62.   Reporting of hazardous conditions

   63.   Classification of airspace

   64.   Powers of pilot-in-command

   65.   Flight in Class A airspace

   66.   Co-ordination of activities potentially hazardous to civil aircraft

PART VII
Visual flight rules

   67.   Weather limitations for visual flight rules flights

   68.   Visual meteorological conditions

   69.   Visual flight rules within a control zone

   70.   Minimum safe visual flight rules altitudes

   71.   Air traffic control clearances for visual flight rules flights

   72.   Weather deterioration below visual meteorological conditions

   73.   Visual flight rules flight within designated areas

   74.   Choice of visual flight rules or instrument flight rules

   75.   Special visual flight rules flight

   76.   Changing from visual flight rules to instrument flight rules

PART VIII
Instrument flight rules

   77.   Aircraft equipment

   78.   Instrument flight rules flights in controlled airspace

   79.   Instrument flight rules flights outside controlled airspace

   80.   Malfunction reports - operation under instrument flight rules in controlled airspace

   81.   Minimum flight altitudes for instrument flight rules operations

   82.   Change from instrument flight rules flight to visual flight rules flight

PART IX
Offences and penalties

   83.   Offences and Penalties

      SCHEDULES

S.I. 24, 2012.

PART I
Preliminary (regs 1-3)

1.   Citation

   These Regulations may be cited as the Civil Aviation (Rules of the Air and Air Traffic Services) Regulations.

2.   Application of rule

   The provisions of these Regulations, insofar as they are applicable to aircraft, of rules shall apply to-

   (a)   all aircraft within Botswana; and

   (b)   all aircraft registered in Botswana, wherever they may be.

3.   Interpretation

   In these Regulations, unless the context otherwise requires -

   "acrobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;

   "advisory airspace" means an airspace of defined dimensions, or designated route, within which air traffic advisory service is available;

   "aerodrome control tower" means a unit established to provide ATC service to aerodrome traffic;

   "aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;

   "aerodrome traffic zone" means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic;

   "aeronautical information publication" means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

   "aeronautical mobile service" means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate;

   "aeronautical station" means a land station in the aeronautical mobile service which in certain instances, may be located, for example, on board a ship or on a platform at sea;

   "aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

   "airborne collision avoidance system(ACAS)" means an aircraft system based on SSR transponder signals which operates independently of ground based equipment to provide advice to the PIC on potential conflicting aircraft that are equipped with SSR transponders;

   "aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

   "air traffic" means all aircraft in flight or operating on the manoeuvring area of an aerodrome;

   "air traffic advisory service" means a service provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;

   "air traffic control (ATC) clearance" means authorisation for an aircraft to proceed under conditions specified by an ATC unit;

   "air traffic control service" means a service provided for the purpose of-

   (a)   preventing collisions-

      (i)   between aircraft; an

      (ii)   on manoeuvring area between aircraft and obstructions; and

   (b)   expediting and maintaining an orderly flow of air traffic;

   "air traffic control unit (ATCU)" means an AWY, approach control unit or aerodrome control tower;

   "air traffic service (ATS)" means flight information service, alerting service, air traffic advisory service, or ATC service;

   "air traffic services (ATS) airspaces" means airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which ATS and rules of operation are specified;

   "air traffic services reporting office" means a unit established for the purpose of receiving reports concerning ATS and flight plans submitted before departure;

   "air traffic services unit (ATSU)" includes an ATC unit, FIC or ATS reporting office;

   "airway (AWY)" means a CTA or portion thereof established in the form of a corridor;

   "alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required;

   "alternate aerodrome" means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing and includes the following-

   (a)   take-off alternate; an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure;

   (b)   en-route alternate; an aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en- route;

   (c)   Extended Range Operation by Turbine-engined Aeroplanes en- route alternate; a suitable and appropriate alternate aerodrome at which an aeroplane would be able to land after experiencing an engine shutdown or other abnormal or emergency condition while en route in an Extended Range Operation by Turbine-engined Aeroplanes operation; and

   (d)   destination alternate; an alternate aerodrome to which an aircraft may proceed should it become either impossible or inadvisable to land at the aerodrome of intended landing;

   "altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;

   "anti-collision light" means a flashing red or flashing white light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the PIC of distant aircraft;

   "approach control service" means ATC service for arriving or departing controlled flights;

   "approach control unit" means a unit established to provide ATC service to controlled flights arriving at, or departing from, one or more aerodromes;

   "apron" means a defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

   "area control centre (ACC)" means a unit established to provide air traffic control service to controlled flights in CTA under its jurisdiction;

   "area control service" means ATC service for controlled flights in CTA;

   "air traffic services (ATS) route" means a specified route designed for channeling the flow of traffic as necessary for the provision of ATS;

   "automatic dependent surveillance (ADS)" means a surveillance technique in which aircraft automatically provide, via a data link, data derived from on-board navigation and position-fixing systems, including aircraft identification, four dimensional position and additional data as appropriate;

   "ceiling" means the height above the ground or water of the base of the lowest layer of cloud below 6 000 metres covering more than half the sky;

   "changeover point" means the point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omnidirectional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;

   "clearance limit" means the point to which an aircraft is granted an ATC clearance;

   "control area (CTA)" means a controlled airspace extending upwards from a specified limit above the earth;

   "controlled aerodrome" means an aerodrome at which ATC service is provided to aerodrome traffic;

   "controlled airspace" means an airspace of defined dimensions within which ATC service is provided in accordance with the airspace classification and covers ATS airspace Classes A, B, C, D and E as described in these regulations;

   "controlled flight" means any flight which is subject to an ATC clearance;

   "control zone (CTR)" means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;

   "cruising level" means a level maintained during a significant portion of a flight;

   "current flight plan (CPL)" means the flight plan, including changes, if any, brought about by subsequent clearances;

   "danger area" means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times;

   "data link communications" means a form of communication intended for the exchange of messages via a data link;

   "estimated off-block time (EOBT)" means the estimated time at which the aircraft will commence movement associated with departure;

   "estimated time of arrival (ETA)"-

   (a)   for IFR flights, means the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that an IAP will be commenced, or, if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome; and

   (b)   for VFR flights means the time at which it is estimated that the aircraft will arrive over the aerodrome;

   "expected approach time (EAT)" means the time at which ATC expects that an arriving aircraft, following a delay, will leave the holding fix to complete its approach for a landing;

   "filed flight plan (FPL)" means the flight plan as filed with an ATSU unit by the PIC or a designated representative, without any subsequent changes;

   "flight (FLT)" means in the case of-

   (a)   an aeroplane or glider, from the moment it first moves for the purpose of taking off until the moment when it next comes to rest after landing; or

   (b)   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;

   "flight information centre (FIC)" means a unit established to provide FIS and alerting service;

   "flight information region (FIR)" means an airspace of defined dimensions within which FIS and alerting service are provided;

   "flight information service (FIS)" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

   "flight level (FL)" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

   "flight plan" means specified information provided to ATSUs, relative to an intended flight or portion of a flight of an aircraft;

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

   "glider" means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain, fixed under given conditions of flight;

   "ground visibility" means the visibility at an aerodrome, as reported by an accredited observer;

   "heading (HDG)"means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid) to South;

   "heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces;

   "height (Hgt)" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;

   "helicopter (Hel)" means a heavier-than air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis;

   "instrument flight rules (IFR) flight" means a flight conducted in accordance with the IFR;

   "instrument approach procedure (IAP)" means a series of pre-determined manoeuvres by reference to flight instruments, with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or enroute obstacle clearance criteria apply and is classified as follows-

   (a)   non-precision approach procedure (NPA) - an IAP which utilises lateral guidance but does not utilise vertical guidance;

   (b)   approach procedure with vertical guidance (APV) - an IAP which utilises lateral and vertical guidance but does not meet the requirements established for precision approach and landing operations;

   (c)   precision approach (PA) procedure - an IAP using precision lateral and vertical guidance with minima as determined by the category of operation;

   "instrument meteorological conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;

   "landing area" means that part of a movement area intended for the landing or take-off of aircraft;

   "level" means a generic term relating to the vertical position of an aircraft inflight and meaning variously, height, altitude or flight level;

   "manoeuvring area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;

   "movement area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron;

   "night" means the time between 30 minutes after sunset and 30 minutes before sunrise, sunrise and sunset being determined at surface level;

   "overtaking aircraft" means an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, so that it is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft's left (port) or right (starboard) navigation lights;

   "parascending parachute" means a parachute which is towed by cable in such a manner as to cause it to ascend;

   "pilot-in-command (PIC)" means the pilot designated by the operator, or in the case of general aviation, the owner as being in command and charged with the safe conduct of a flight;

   "pressure-altitude" means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere;

   "prohibited area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited;

   "radiotelephony (RTF)" means a form of radio communication primarily intended for the exchange of information in the form of speech;

   "repetitive flight plan (RPL)" means a flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by ATSUs;

   "reporting point (RP)" means a specified geographical location in relation to which the position of an aircraft can be reported;

   "restricted area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions;

   "runway (RWY)" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

   "runway-holding position" means a designated position intended to protect-

   (a)   a runway;

   (b)   an obstacle limitation surface; or

   (c)   an instrument landing system or microwave landing system critical area or sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower;

   "safety-sensitive personnel" means persons who might endanger aviation safety if they perform their duties and functions improperly including, but not limited to, crew members, aircraft maintenance personnel and air traffic controllers;

   "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;

   "signal area" means an area on an aerodrome used for the display of ground signals;

   "special visual flight rules(SVFR)" means a controlled VFR traffic authorised by ATC to operate within the CTR under meteorological conditions below the visual meteorological conditions or at night;

   "secondary surveillance radar (SSR)"means a surveillance radar system which uses interrogators and transponders;

   "taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing;

   "taxiway (TWY)" means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including-

   (a)   aircraft stand taxi lane - a portion of an apron designated as a taxi way and intended to provide access to aircraft stands only;

   (b)   apron taxiway - a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; or

   (c)   rapid exit taxiway (RET) - a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;

   "total estimated elapsed time"-

   (a)   for IFR flights means the estimated time required from take-off to arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the destination aerodrome, to arrive over the destination aerodrome; and

   (b)   for VFR flights means the estimated time required from take-off to arrive over the destination aerodrome;

   "track (tr)" means the projection on the earth's surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid) to South;

   "transition altitude" means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;

   "unmanned free balloon" means a non-power-driven, unmanned, lighter- than-air aircraft in free flight;

   "visual flight rules (VFR) flight" means a flight conducted in accordance with the VFR;

   "visibility (Viz)" for aeronautical purposes means the greater of-

   (a)   the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognised when observed against a bright background; or

   (b)   the greatest distance at which lights in the vicinity of 1000 candelas can be seen and identified against an unlit background; and

   "visual meteorological conditions (VMC)" means meteorological conditions expressed in terms of visibility distance from cloud, and ceiling, equal to or better than specified minima.

PART II
General Flight Rules (regs 4-20)

4.   Dangerous operation of aircraft

   (1) Where an aircraft is flown in such a manner as to cause danger to any person or property on land or water, or in contravention of these Regulations, the PIC or other person in charge of the aircraft and the owner of the aircraft commits an offence and shall be liable for a first offence to a fine not exceeding P20 000 or to imprisonment for a term not exceeding three years, or to both, and for a second or subsequent offence to a fine not exceeding P50 000 or to imprisonment for a term not exceeding 10 years, or to both.

   (2) In any proceedings against the owner of an aircraft in respect of an offence under this regulation, it shall be a defence to prove that the act constituting the offence was done without the knowledge or consent of the owner.

   (3) In this regulation, "owner", in relation to an aircraft and an offence, includes any person by whom the aircraft is hired at the time the offence was committed.

5.   Problematic use of psychoactive substance

   A person whose competency is critical to the safety of aviation shall not undertake his or her duties while under the influence of any psychoactive substance which impairs the performance of his or her duties.

6.   Low flying

   (1) Subject to the provisions of subregulations (2) and (3)-

   (a)   a person shall not fly an aircraft, other than a helicopter, over any congested area of a city, town or settlement below-

      (i)   a height that 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 and within 600 metres of the aircraft, whichever is the higher;

   (b)   a person shall not fly a helicopter 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 Authority and in ac-cordance with any condition therein specified, a person shall not fly a helicopter over a congested area of a city, town or settlement below a height of 1 500 feet above the highest fixed object or within 600 metres of the helicopter;

   (d)   a person shall not fly an aircraft-

      (i)   over, or within 3 000 metres of any assembly in the open air of more than 1 000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Authority and in accordance with any conditions therein specified and with the consent in writing of the organisers of the event,

      (ii)   below a height that would enable it to land clear of the assembly in the event of the failure of a power unit or if such an aircraft is towing a banner the height shall be calculated on the basis that the banner shall not be dropped within 3 000 metres of the assembly, or

      (iii)   where a person is charged with an offence under these regulations by reason of a contravention of this subregulation, it shall be a good defence to prove that the flight of the aircraft over, or within 3 000 metres 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; and

   (e)   an aircraft shall not fly less than 500 feet above ground or water.

   (2) The provisions of

   (a)   subregulation (1)(a) shall not apply to-

      (i)   an aircraft while it is landing or taking-off in accordance with normal aviation practice, or

      (ii)   a glider while it is hill-soaring;

   (b)   subregulation (1)(d) and (e) shall not apply to an aircraft which is being used for police purposes;

   (c)   subregulation (1)(e) shall not apply to an aircraft which is being used for aerial work operations in accordance with the operating provisions of the Civil Aviation (Aerial Work) Regulations; and

   (d)   subregulation (1)(d) and (e) shall not apply to the flight of an aircraft over or within 3 000 metres of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race contest or an exhibition of flying, if the aircraft is taking part in such a race, contest or exhibition or is engaged in a flight arranged by, or made with the consent in writing of, the organisers of the event, and the races, contest, exhibition or flight is approved by the Authority.

   (3) Nothing in this regulation shall prohibit any aircraft from-

   (a)   taking off or landing;

   (b)   flying for the purpose of checking navigational aids or procedures in accordance with normal aviation practice at a licensed or certificated aerodrome in Botswana or at any aerodrome in any other State;

   (c)   flying in such a manner as may be necessary for the purpose of saving life; or

   (d)   practising approaches to landing, such practising is confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

   (4) The provisions of this regulation shall not apply to any captive balloon or kite.

7.   Formation flights

   A person shall not fly an aircraft in a formation flight except by pre-arrangement among the PIC of the aircraft taking part in the flight and, for a formation flight in controlled airspace, in accordance with the conditions prescribed by the appropriate ATS authority, which conditions shall include-

   (a)   the formation operates as a single aircraft with regard to navigation and position reporting;

   (b)   separation between aircraft in the flight shall be the responsibility of the flight leader and the PIC of the other aircraft in the flight and shall include periods of transition when aircraft are manoeuvring to attain their own separation within the formation flight and during join-up and break-away; and

   (c)   a distance not exceeding 1 000 metres laterally and longitudinally and 100 feet vertically from the flight leader shall be maintained by each aircraft.

8.   Unmanned free balloons

   (1) A person who operates an unmanned free balloon shall operate the balloon in such a manner as to minimise hazards to persons, property or other aircraft and in accordance with the conditions specified in this regulation.

   (2) Unmanned free balloons shall be classified as-

   (a)   light, if it is an unmanned free balloon which carries a pay load of one or more packages with a combined mass of less than four kilograms, unless qualifying as a heavy balloon under this paragraph;

   (b)   medium, if it is an unmanned free balloon which carries a pay load of two or more packages with a combined mass of four kilograms or more but less than six kilograms; or

   (c)   heavy, if it is an unmanned free balloon which carries a pay load which-

      (i)   has a combined mass of six kilograms or more;

      (ii)   includes a package of three kilograms or more;

      (iii)   includes a package of two kilograms or more with an area density of more than 13 kilograms per square centimetre; or

      (iv)   uses a rope or other device for suspension of the pay load that requires an impact force of 230 newtons or more to separate the suspended pay load from the balloon, and the "area density" referred to in subparagraph (iii) shall be determined by dividing the total mass in grams of the pay load package by area, in square centimetres, of its smallest surface.

   (3) An unmanned free balloon shall-

   (a)   not be operated without the permission of the Authority;

   (b)   not be operated across the territory of another State without the appropriate authorisation from that other State unless it is a light balloon used exclusively for meteorological purposes which is operated in a manner prescribed by the Authority; and

   (c)   be operated in accordance with conditions specified by the Authority while being flown over Botswana territory.

   (4) A medium or heavy unmanned free balloon shall not be released in a manner that may cause it to fly lower than 1 000 feet over the congested area of cities, towns, or settlements or an open air assembly of persons not associated with the operation.

   (5) A heavy unmanned free balloon shall not be operated-

   (a)   over the high seas without prior co-ordination with the appropriate ATSU;

   (b)   without authorisation from the appropriate ATSU at or through any level below 60 000 feet pressure altitude at which-

      (i)   there are clouds or other obscuring phenomena of more than four oktas coverage, or

      (ii)   the horizontal visibility is less than eight kilometres;

   (c)   unless-

      (i)   it is equipped with at least two pay load flight termination devices or systems, whether automatic or operating independently of each other,

      (ii)   at least two method systems, devices or combination thereof that function independently of each other are employed for terminating the flight of the balloon services in the case of polyethylene zero-pressure balloons, or

      (iii)   the balloon envelope is equipped with either a radar reflective device or radar reflective material that will present an echo to surface radar operating in the 200MHz to 2700MHz frequency range or the balloon is equipped with other devices which shall permit continuous tracking by the operator beyond the range of ground-based radar;

   (d)   in an area where ground-based SSR equipment is in use, unless it is equipped with a transponder, with altitude reporting capability, which is continuously operating on an assigned code or which can be turned on by the tracking station when necessary;

   (e)   below 60 000 feet pressure-altitude between sunset and sunrise or such other period between sunset and sunrise, corrected to the altitude of operation, as may be prescribed by the appropriate ATS authority unless the balloon and its attachments and pay load, whether or not they become separated during the operation, are lighted; or

   (f)   below 60 000 feet pressure-altitude between sunset and sunrise where it is equipped with a suspension device, other than a highly conspicuous coloured open parachute, more than 15 metres long, unless the suspension device is coloured in alternate bands of highly conspicuous colours or has coloured pennants attached.

   (6) An operator of a heavy unmanned free balloon shall activate the appropriate termination devices required under subregulation (5) (c)-

   (a)   when it becomes known that weather conditions are less than those prescribed for the operation;

   (b)   if a malfunction or any other reason makes further operation hazardous to air traffic or to persons or property on the surface; or

   (c)   prior to unauthorised entry into the airspace over another State's territory.

   (7) An operator of a medium or heavy unmanned free balloon shall notify the air traffic service unit, not less than seven days before the date of the intended flight of a medium or heavy unmanned balloon, of the intention to fly the medium or heavy unmanned free balloon.

   (8) The notification referred to in subregulation (7) shall include the following information-

   (a)   balloon classification and identification;

   (b)   balloon flight identification or project code name;

   (c)   SSR services code or non-directional radio beacon frequency as applicable;

   (d)   the operator's name and telephone number;

   (e)   launch site; and estimated time of launch or time of commencement and completion of multiple launches, ifmultiple launches;

   (f)   expected direction of ascent; and cruising level (pressure altitude);

   (g)   the estimated elapsed time to pass 60 000 feet together with the estimated location;

   (h)   the estimated date and time of termination of the flight and the planned location of the impact or recovery area;

   (i)   in the case of balloons carrying out flights of long duration, as a result of which the date and time of termination of the flight and the location of the impact cannot be forecast with accuracy, the term "long duration" shall be used;

   (j)   where the operation consists of continuous launchings, the time to be included is the estimated time at which the first and last launchings in the series will reach the appropriate level (such as, 122136UTC- 130330UTC);

   (k)   if there is to be more than one location of impact or recovery, each location is to be listed together with the appropriate estimated time of impact, and, where there is to be a series of continuous impacts, the time to be included is the estimated time of the first and last series (such as, 070330UTC-072300UTC); and

   (I)   any changes in the pre-launch information notified in accordance with subregulation (7) shall be forwarded to the air traffic service unit concerned not less than six hours before the estimated time of launch or in the case of solar or cosmic disturbances investigations involving a critical time element, not less than 30 minutes before the estimated time of the commencement of the operation.

   (9) Immediately after a medium or heavy unmanned free balloon is launched, an operator shall give the appropriate air traffic service unit the following information-

   (a)   balloon flight identification;

   (b)   launch site;

   (c)   actual time of launch;

   (d)   estimated time at which 60 000 feet pressure-altitude shall be passed, or the estimated time at which the cruising level shall be reached if at or below 60 000 feet and the estimated location; and

   (e)   any changes to the information previously given under subregulation (8).

   (10) An operator shall notify the appropriate air traffic service unit immediately the operator knows that the intended flight of a medium or heavy unmanned free balloon previously notified in accordance with paragraph (8) has been cancelled.

   (11) An operator of a heavy unmanned free balloon operating at or below 60 000 feet pressure-altitude shall monitor the flight path and flight progress of the balloon and forward reports of the balloon's position as requested by the air traffic service unit and unless the air traffic service unit require reports of the balloon's position at more frequent intervals the operator shall record the position-

   (a)   in the case of the flight path, every two hours; or

   (b)   in the case of the flight progress, every 24 hours,

and if the position cannot be recorded the operator shall immediately notify the appropriate air traffic service unit, which notification shall include the last recorded position and thereafter shall notify the appropriate air traffic service unit when the tracking of the balloon is re-established.

   (12) An operator shall, one hour before the beginning of the planned descent of a medium or heavy unmanned free balloon, forward to the appropriate air traffic service unit the following information regarding the balloon-

   (a)   its current geographical position;

   (b)   the current level (pressure-altitude);

   (c)   the forecast time of penetrating of 60 000 feet pressure-altitude, if applicable; and

   (d)   the forecast time and location of ground impact.

   (13) An operator of a medium or heavy unmanned free balloon shall notify the appropriate air traffic service unit when the operation of a medium or heavy unmanned free balloon has ended.

9.   Acrobatic manoeuvres

   A person shall not carry out any acrobatic manoeuvres-

   (a)   over any city, town or settlement;

   (b)   over an open air assembly of persons;

   (c)   below an altitude of 1 500 feet above the surface;

   (d)   when the flight visibility is less than five kilometres;

   (e)   in manoeuvres exceeding a bank of sixty degrees or pitch of thirty degrees from level flight attitude unless all occupants of the aircraft are wearing parachutes packed by a qualified parachute rigger in the past 12 months;

   (f)   within controlled airspace except with the consent of the appropriate ATC; or

   (g)   except under conditions prescribed by the Authority and as indicated by relevant information, advice or clearance from the appropriate air traffic service unit.

10.   Right-hand traffic rule

   A person flying an aircraft and in sight of the ground and following a road, railway, river, cordon fence or any other line of landmark, shall keep the road, river, cordon fence or other line of landmark on his or her left.

11.   Prohibited areas and restricted areas

   (1) A person shall not operate an aircraft in a prohibited area or a restricted area, the particulars of which prohibited area have been duly published, except in accordance with the conditions of the restrictions or by permission of the Authority.

   (2) Any person who contravenes the provisions of subregulation (1) commits an offence and is liable to a fine not exceeding P50 000 or a term of imprisonment not exceeding 10 years, or to both.

12.   Flights over game parks, game reserves and national parks

   Subject to regulation 11, a person shall not operate an aircraft, except for the purpose of take-off or landing, below 1 000 feet, above ground level when operating the aircraft over game parks, game reserves and national parks.

13.   Cruising levels

   (1) The cruising levels at which a flight or a portion of a flight is to be conducted shall be in terms of flight levels at or above the lowest usable flight level or altitudes if below the transition altitude.

   (2) Subject to subregulation (5), in order to comply with IFR, an aircraft when in level flight at or above 3 000 feet over land or water within controlled airspace shall be flown at a level appropriate to its magnetic track as specified in Table 1 in Schedule 1.

   (3) Subject to subregulation (5), in order to comply with IFR, an aircraft when in level flight at or above 3 000 feet over land or water outside controlled airspace shall be flown at a level appropriate to its magnetic track, in accordance with Table 1 in Schedule 1.

   (4) A VFR flights in level cruising flight when operated at or above 3000 feet from the ground or water shall be conducted at a flight level appropriate to its magnetic track in accordance with Table 1 in Schedule 1, except where otherwise indicated in ATC clearances or specified by the Authority.

   (5) The level of flight shall be measured by an altimeter set according to the system notified, or in the case of flight over a state other than Botswana, otherwise published by the competent authority, in relation to the area over which the aircraft is flying.

14.   Altimeter setting

   A person operating an aircraft registered in Botswana shall set the aircraft altimeter to maintain the cruising altitude for flight level reference in accordance with the procedure notified by-

   (a)   the aeronautical information publication; or

   (b)   the State where the aircraft may be.

15.   Dropping, spraying, towing and parachute descents

   A person shall not-

   (a)   drop any article, substance or spray any substance from the aircraft in flight;

   (b)   tow an aircraft or other object; or

   (c)   make a parachute descent other than an emergency descent, except in accordance with conditions prescribed by the Authority and as indicated by relevant information, advice and clearance from the appropriate air traffic service unit.

16.   Proximity to other aircraft

   A person shall not operate an aircraft in such proximity to other aircraft as to create a collision hazard.

17.   Right-of-way rules in air operation

   (1) A PIC of an aircraft who has the right-of-way shall maintain the aircraft's heading and speed.

   (2) Notwithstanding subregulation (1), a PIC shall not be relieved from the responsibility of taking such action, including collision avoidance manoeuvres based on resolution advisories provided by ACAS equipment, as will best avert a collision.

   (3) A PIC operating an aircraft shall maintain vigilance so as to see and avoid other aircraft, and where this regulation gives another aircraft the right-of-way, the PIC shall give way to that aircraft and shall not pass over, under, or ahead of it unless well clear and taking into account the effect of aircraft wake turbulence.

   (4) An aircraft in distress has the right-of-way over all other air traffic.

   (5) Where two aircraft are converging at approximately the same level, the aircraft that has the other aircraft on its right shall give way, except as follows-

   (a)   power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;

   (b)   airships shall give way to gliders and balloons;

   (c)   gliders shall give way to balloons; or

   (d)   power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

   (6) An aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft, except for aircraft in distress.

   (7) Where two aircraft are approaching head-on or nearly so, and there is danger of collision, each PIC shall alter course to the right.

   (8) An aircraft that is being overtaken has 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 its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.

   (9) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level, but the latter shall not take advantage of this rule to cut in front of another which is in the final stages of an approach to land, or to overtake that aircraft.

   (10) When an ATC unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order; and when the PIC of an aircraft is aware that another aircraft is making an emergency landing, the PIC shall give way to that aircraft, notwithstanding that the PIC may have received permission to land, and shall not attempt to land until the PIC receives further permission to do so.

   (11) A power-driven heavier-than-air aircraft shall give way to gliders.

   (12) A PIC who causes a collision while taxiing under the regulations commits an offence and is liable to a fine not exceeding P15 000 or a term of imprisonment not exceeding nine months, or to both.

18.   Right-of-way rules in ground operation

   (1) This regulation shall apply to aircraft and vehicles on the movement area of a land aerodrome.

   (2) Notwithstanding any ATC clearances, it shall remain the duty of the PIC of an aircraft to take all possible measures to ensure that the aircraft does not collide with any other aircraft or with any vehicle.

   (3) Emergency vehicles proceeding to the assistance of aircraft in distress shall be accorded priority over all other surface movement traffic.

   (4) In normal ground operations-

   (a)   aircraft and vehicles shall give way to aircraft which are taking off or landing;

   (b)   vehicles towing aircraft shall give way to aircraft which are landing, taking off or taxiing;

   (c)   vehicles which are not towing aircraft shall give way to aircraft; and

   (d)   vehicles shall give way to other vehicles towing aircraft.

   (5) Subject to the provisions of subregulation (4) and of regulation 24 (4), in case of a possible danger of collision between two aircraft-

   (a)   when two aircraft are approaching head-on or approximately so, each aircraft shall stop or where practicable alter its course to the right so as to keep well clear;

   (b)   when the two aircraft are on converging course, 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)   an aircraft which is being overtaken shall have the right-of-way, and the overtaking aircraft shall keep out of the way of the other aircraft by altering its course to the left until that other aircraft has been passed and is clear, notwithstanding any change in the relative position of the two aircraft;

   (d)   an aircraft taxiing on the manoeuvring area of an aerodrome shall give way to aeroplanes taking off or about to take off.

   (6) Subject to the provisions of subregulation (4) (b) a vehicle shall-

   (a)   overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle; and

   (b)   keep to the left when passing another vehicle which is approaching head-on or approximately so.

19.   Right-of-way rules in water operation

   (1) A person operating an aircraft on water shall, in so far as possible-

   (a)   keep clear of all vessels in the vicinity;

   (b)   avoid impeding the navigation of all vessels in the vicinity; and

   (c)   give way to any vessel or other aircraft that is given the right-of-way by this regulation.

   (2) Where aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other's right has the right-of-way.

   (3) Where aircraft, or an aircraft and a vessel, are approaching head-on, or nearly so, each shall alter its course to the right to keep well clear.

   (4) An aircraft that is being overtaken has the right-of-way, and the aircraft overtaking shall alter course to the right to keep well clear of the aircraft being overtaken.

   (5) When aircraft, or, an aircraft and a vessel, approach in a manner that involves a risk of collision, each aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft.

20.   Coordinated Universal Time

   (1) A PIC flying an aircraft shall use Coordinated Universal Time (UTC) which shall be expressed in hours, minutes and seconds of the 24 hour day beginning at midnight.

   (2) APIC shall obtain a time check prior to operating a controlled flight and at such other times during the flight as may be necessary, the time check shall be obtained from an ATSU unless other arrangements have been made by the operator or by the Authority.

   (3) Wherever time is utilised in the application of data link communications, it shall be accurate to within one second of Coordinated Universal Time (UTC).

PART III
Lights and other signals to be shown or made by aircraft or aerodrome (regs 21-35)

21.   Interpretation for purposes of Schedule 2

   For the purposes of Schedule 2 the following terms shall have the following meanings-

   (a)   "angles of coverage" means and are formed as follows-

      (i)   angle of coverage A is formed by two intersecting vertical planes making angles of 70 degrees to the right and 70 degrees to the left respectively, looking aft along the longitudinal axis to a vertical plane passing through the longitudinal axis,

      (ii)   angle of coverage F is formed by two intersecting vertical planes making angles of 110 degrees to the right and 110 degrees to the left respectively, looking forward along the longitudinal axis to a vertical plane passing through the longitudinal axis,

      (iii)   angle of coverage L is formed by two interesting vertical planes, one parallel to the longitudinal axis of the aeroplane, and the other 110 degrees to the left of the first, when looking forward along the longitudinal axis, and

      (iv)   angle of coverage R is formed by two intersecting vertical planes one parallel to the longitudinal axis of the aeroplane, and the other 110 degrees to the right of the first, when looking forward along the longitudinal axis;

   (b)   "horizontal plane" means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane;

   (c)   "longitudinal axis of the aeroplane" means a selected axis parallel to the direction of the flight at a normal cruising speed, and passing through the centre of gravity of the aeroplane;

   (d)   "making way" is when an aeroplane on the surface of the water is "making way" when it is under way and has a velocity relative to the water;

   (e)   "under command" is when an aeroplane on the surface of the water is "under command" when it is able to execute manoeuvres as required by the Convention on the International Regulations for Prevention of Collisions at Sea, 1972 for the purpose of avoiding other vessels;

   (f)   "under way" is when an aeroplane on the surface of the water is not a ground or moored to the ground or to any fixed object on the land or in the water;

   (g)   "vertical planes" means planes perpendicular to the horizontal plane; and

   (h)   "visible" means visible on a dark night with a clear atmosphere.

22.   Display of lights and signals for aerodrome traffic

   (1) An aerodrome control tower shall use the lights and pyrotechnic signals shown in Table 2 and illustrated in Figure 10 in Schedule 3.

   (2) A PIC shall acknowledge aerodrome control tower signals as follows-

   (a)   when in flight-

      (i)   during the hours of daylight, by rocking the aircraft's wings, except that this signal shall not be expected on the base and final legs of the approach, and

      (ii)   during the hours of darkness, by flashing on and off twice the aircraft's landing lights or, if not so equipped, by switching on and off twice its navigation lights; and

   (b)   when on the ground-

      (i)   during the hours of daylight by, moving the aircraft's ailerons or rudder, and

      (ii)   during the hours of darkness, by flashing on and off twice the aircraft's landing lights or, if not so equipped, by switching on and off twice its navigation lights.

   (3) An aerodrome authority shall use the visual ground signals as shown in Figures 11 to 20 during the situations indicated therein in Schedule 3.

23.   Failure of lights by night

   In the event of the failure of any light which is required by these regulations to be displayed at night, if the light cannot be immediately repaired or replaced, the PIC-

   (a)   shall not depart from the aerodrome; and

   (b)   if in flight, shall land as soon as, in the PIC's opinion, he or she can safely do so, unless authorised by the appropriate ATC unit to continue the flight.

24.   Conditions for lights to be displayed by an aircraft

   (1) A PIC, when operating an aircraft during the period from sunset to sunrise or any other period which may be prescribed by the Authority, shall display-

   (a)   anti-collision lights intended to attract attention to the aircraft; and

   (b)   navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights.

   (2) From sunset to sunrise or during any other period prescribed by the Authority-

   (a)   all aircraft moving on the movement area of an aerodrome shall display navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights;

   (b)   unless stationary and otherwise adequately illuminated, all aircraft on the movement area of an aerodrome shall display lights intended to indicate the extremities of their structure;

   (c)   all aircraft operating on the movement area of an aerodrome shall display lights intended to attract attention to the aircraft; and

   (d)   all aircraft on the movement area of an aerodrome whose engines are running shall display lights which indicate that fact.

   (3) All aircraft in flight and fitted with anti-collision lights to meet the requirements of subregulation (1) (a) shall display such lights also outside the period specified in subregulation (1).

   (4) All aircraft-

   (a)   operating on the movement area of an aerodrome and fitted with anti-collision lights to meet the requirement of subregulation (2) (c); or

   (b)   on the movement area of an aerodrome and fitted with lights to meet the requirement of subregulation (2) (d),

shall display such lights also outside the period specified in subregulation (2).

   (5) Without prejudice to subregulations (1) to (4), a PIC shall be permitted to switch off or reduce the intensity of any flashing lights fitted to meet the requirements of subregulations (1), (2), (3) and (4) if they do or are likely to-

   (a)   adversely affect the satisfactory operation of an aircraft; or

   (b)   subject another aircraft or ATC tower to harmful dazzle.

25.   Balloons, kites, airships, gliders and parascending parachutes

   (1) A person shall not-

   (a)   fly a captive balloon or kite at a height of more than 200 feet above the ground level or within 60 metres of any vessel, vehicle or structure;

   (b)   fly a captive balloon within three nautical miles of an aerodrome;

   (c)   fly a balloon exceeding six feet in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, in controlled airspace; or

   (d)   fly a kite within three nautical miles of an aerodrome; moor an airship; fly a free balloon at night; or launch a glider or parascending parachute by winch and cable or by ground tow to a height of more than 200 feet above ground level;

without the permission in writing of the Authority, and in accordance with any conditions that may be attached to the permission granted.

   (2) A captive balloon when in flight shall not be left unattended unless it is fitted with a device which ensures automatic deflation if it breaks.

26.   Captive balloons and kites by day

   A person flying a captive balloon or kite by day at a height exceeding 200 feet above the surface shall ensure that the captive balloon or kite displays lights as follows-

   (a)   a group of two steady lights consisting of a white light placed 12 feet above a red light, both being of at least five candelas and showing in all directions, the white light being placed not less than 15 feet or more than 30 feet 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 1000 feet measured from the group of lights referred to in paragraph (a), groups of two lights of the colour and power and in the relative positions specified in that paragraph, 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 measured at least 80 feet, 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 placed in such a way that the triangle encloses the object on the surface to which the balloon or kite is moored.

27.   Captive balloons and kites by night

   (1) A captive balloon while flying at night at a height exceeding 200 feet above the surface shall have attached to its mooring cable at intervals of not more than 600 feet measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 16 inches in diameter and six feet in length, and marked with alternate bands of red and white 20 inches wide.

   (2) A kite flown in the circumstances referred to in subregulation (1) shall have attached to its mooring cable either-

   (a)   tubular streamers as specified in subregulation (1); or

   (b)   at intervals of not more than 300 feet measured from the lowest part of the kite, not less than 30 streamers of 32 inches long and one foot wide at their widest part and marked with alternate bands ofr ed and white four inches wide.

28.   Airships by day and night

   (1) Except as provided in subregulation (2), an airship while flying at night shall display the following steady lights-

   (a)   a white light of at least five candelas showing through angles of 110 degrees from dead ahead to each side in the horizontal plane;

   (b)   a green light of at least five candelas showing to the starboard side through an angle of 110 degrees from dead ahead in the horizontal plane;

   (c)   a red light of at least five candelas showing to the port side through an angle of 110 degrees from dead ahead in the horizontal plane; and

   (d)   a white light of at least five candelas showing through angles of 70 degrees from dead ahead astern to each side in the horizontal plane.

   (2) A person flying an airship at night shall ensure that the airship displays, if it is not under command, or has its engines voluntarily stopped, or is being towed, the following steady lights-

   (a)   the white lights referred to in subregulations (1) (a) and (1) (d);

   (b)   two red lights, each of at least five candelas and showing in all directions suspended below the control car so that one is at least 12 feet above the other and at least twenty five feet below the control car; and

   (c)   if an airship is making way but not otherwise, the green and red lights referred to in subregulation (1)(b) and (1) (c).

   (3) An airship while picking up its moorings, notwithstanding that it is not under command, shall display only the lights specified in subregulation (1).

   (4) 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 candelas showing in all directions; and

   (b)   a white light of at least five candelas showing through angles of 70 degrees from dead astern to each side in the horizontal plane.

   (5) An airship while flying by day, if it is not under command, or has its engines voluntarily stopped, or is being towed, shall display two black balls suspended below the control car so that one is at least 12 feet above the other and at least 25 feet below the control car.

   (6) For the purpose of this regulation-

   (a)   an airship shall be deemed not to be under command when it is in simulated instrument flight conditions unable to execute a manoeuvre which it may be required to execute by or under these Regulations; and

   (b)   an airship shall be deemed to be making way when it is not moored and is in motion relative to the air.

29.   Anti-collision light

   (1) When operating by day, an aircraft fitted with an anti-collision light shall display such light in flight.

   (2) An aircraft shall display, when stationary on the apron by day or night with engines running, a red anti-collision light when fitted.

   (3) When operating by night all aircraft shall display anti-collision lights, intended to attract attention to the aircraft.

   (4) When operating an anti-collision light, the light shall be a flashing or rotating red light which shall show in all directions within 30 degrees above and 30 degrees below the horizontal plane of the aircraft.

   (5) In the event of a failure of anti-collision light when flying by day, an aircraft may continue to fly provided that the lights are repaired at the earliest practicable opportunity.

30.   Simulated instrument flight conditions

   (1) A person shall not operate an aircraft in simulated instrument flight conditions unless-

   (a)   that aircraft has fully functioning dual controls;

   (b)   a qualified pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions; and

   (c)   the safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which the observer's field of vision adequately supplements the vision of the safety pilot.

   (2) A person shall not engage in simulated instrument flight conditions during commercial air transport operations.

   (3) For purposes of this Regulation the phrase "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.

31.   Practice instrument approaches

   An aircraft shall not carry out instrument approach practices when flying in visual meteorological conditions unless-

   (a)   the appropriate ATC 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, an observer approved by the Authority is carried in such a position in the aircraft that the observer has an adequate field of vision and can readily communicate with the PIC flying the aircraft.

32.   Aerodromes not having air traffic control units

   (1) A person shall not fly with in a zone which the PIC knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome which does not have an ATC unit, except for the purpose of taking off, landing or observing the signals in the signals area with a view to landing, and 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.

   (2) A PIC flying in the zone referred to in subregulation (1) 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 indicate otherwise or obstacles on the ground require otherwise; 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.

   (3) A person shall not land an aircraft on a runway at an aerodrome unless the runway is clear of other aircraft.

   (4) Where take-offs and landings are not confined to a runway-

   (a)   an aircraft when landing shall leave clear on its left any aircraft which has already landed or is already landing or is about to take off, and if such aircraft is obliged to turn, it shall turn to the left after the PIC of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and

   (b)   an aircraft 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.

   (5) An aircraft after landing shall move clear of the landing area in use as soon as it is possible to do so.

33.   Aerodromes having air traffic control units

   (1) A PIC shall not fly the aircraft within a zone which the PIC knows or ought reasonably to know to be the aerodrome having an ATC unit except for the purpose of taking off, landing or observing the signals area with a view to landing, unless the PIC has the permission of the appropriate ATC unit.

   (2) A PIC flying in the aerodrome traffic zone of an aerodrome having an ATC unit or moving on the manoeuvring area of such an aerodrome shall-

   (a)   maintain a continuous listening watch on the appropriate radio frequency notified for ATC 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, take-off or land except with the permission of the ATC unit; and

   (c)   comply with the provisions of regulation 19 as if the aerodrome did not have an ATC unit, unless the PIC has the permission of the ATC unit at the aerodrome, or has been instructed by that unit, to do otherwise.

34.   Operations on or in the vicinity of an aerodrome

   (1) A person shall not operate an aircraft to, from, through, or on an aerodrome having an operational control tower unless two-way communication is maintained between that person and the control tower.

   (2) When arriving at an aerodrome, a PIC shall establish communications required by subregulation (1), prior to entering the vicinity of a controlled aerodrome, when operating from the surface up to and including 2 500 feet.

   (3) When departing from an aerodrome, a PIC shall establish communications with the control tower prior to taxi.

   (4) A person shall not, at any aerodrome with an operating control tower, operate an aircraft on a runway or taxiway or takeoff or land an aircraft, unless an appropriate clearance has been received from the ATC unit.

   (5) A person who take-offs against an instruction or clearance under subregulation (4) commits an offence and is liable to a fine not exceeding P50 000 or a term of imprisonment not exceeding 10 years, or to both.

   (6) A clearance to "taxi to"-

   (a)   the takeoff runway-

      (i)   is not a clearance to cross or taxi on to that runway, and

      (ii)   authorises the PIC to cross other runways during the taxi to the assigned runway; and

   (b)   from any other point on the aerodrome is a clearance to cross all run-ways that intersect the taxi route to the assigned point.

   (7) If two-way communication is lost, a PIC may continue a VFR flight operation and land if-

   (a)   the weather conditions are at or above basic VFR minimums; and;

   (b)   clearance to land is received by light signals

   (8) During IFR operations, the two-way communications failure procedures prescribed in regulation 60 shall apply.

35.   Access to and movement in the manoeuvring area

   (1) A person shall not enter the manoeuvring area of an aerodrome or drive a vehicle on the manoeuvring area of an aerodrome without the permission of the aerodrome control tower in the case of a controlled aerodrome, or in the case of an uncontrolled aerodrome, the person in charge of the aerodrome, and in accordance with any conditions subject to which that permission may have been granted.

   (2) A person shall not move, or move a vehicle on the manoeuvring area of an aerodrome having an ATC unit without the permission of that unit and in accordance with any conditions subject to which that permission may have been granted.

   (3) Any permission granted for the purpose of this regulation may be granted either in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of persons or vehicles.

PART IV
Signals to be displayed by aircraft (regs 36-43)

36.   Universal aviation signals

   (1) Where a signal is given or displayed, or whenever any marking specified in regulations 22, 41 and 42 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, the signal shall, when given or displayed, have the meaning assigned to it, and no other signals likely to be confused with them shall be used.

   (2) Upon observing or receiving any of the signals specified in subregulation (1), a PIC shall take the action that may be required by the interpretation of the signal specified in these Regulations.

   (3) A signalman shall be responsible for providing standard marshalling signals to an aircraft in a clear and precise manner using the signals shown in these Regulations.

   (4) A person shall not guide an aircraft unless that person is trained and qualified to carry out the functions of a signalman.

   (5) A signal man shall wear a distinctive fluorescent identification vest to allow the flight crew to identify that the signalman is the person responsible for the marshalling operation.

   (6) Daylight-fluorescent wands, marshalling bats or gloves shall be used for all signaling by all participating ground staff during daylight hours, while illuminated wands shall be used at night or in low visibility.

37.   Misuse of signals and markings

   (1) A signal or marking to which a meaning is given by these Regulations, or which is required by these Regulations to be used in circumstances or for a purpose therein specified, and which is given or displayed-

   (a)   by any person in an aircraft;

   (b)   at an aerodrome; or

   (c)   at any other place which is being used by aircraft for landing or take-off,

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 these Regulations.

38.   Distress signals

   (1) The following signals, used either together or separately, mean that grave and imminent danger threatens, and immediate assistance is requested-

   (a)   a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS ("¢"¢"¢ - - - "¢"¢"¢ in the Morse Code);

   (b)   a RTF distress signal consisting of the spoken words MAYDAY, MAYDAY, MAYDAY;

   (c)   a distress message sent via data link which transmits the intent of the words MAYDAY, MAYDAY, MAYDAY;

   (d)   pyrotechnic signals, fired one at a time at short intervals; or

   (e)   a parachute flare showing a red light.

   (2) No provision in these Regulations shall prevent the use by an aircraft in distress of any means at its disposal to attract attention and make known its position.

39.   Urgency signals

   (1) The following signals, used either together or separately, mean that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance-

   (a)   the repeated switching on and off of the landing lights; or

   (b)   the repeated switching on and off of the navigation lights in such manner as to be distinct from flashing navigation lights.

   (2) The following signals, used either together or separately, mean that an aircraft has a very urgent message to transmit concerning the safety of a vehicle, train, ship, vessel or aircraft, or of some person on board or within sight-

   (a)   a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX;

   (b)   a signal sent by RTF consisting of the spoken words PAN, PAN, PAN; or

   (c)   an urgency message sent via data link which transmits the intent of the words PAN, PAN, PAN.

40.   Aircraft interception and interception signals

   (1) When an aircraft is intercepted a PIC of that aircraft shall comply with the command of the intercepting aircraft, by interpreting and responding to visual signals as shown in Table 3 in Schedule 4.

   (2) The intercepting aircraft shall interpret visual signals from an intercepted aircraft as shown in Table 5 in Schedule 4.

41.   Visual signals to warn an unauthorised aircraft entering notified airspace

   A PIC shall take such remedial action as may be necessary, when by day or night, a series of projectiles is discharged from the ground at intervals often seconds, each showing, on bursting, red and green lights or stars indicating to an unauthorised aircraft that it is flying in or about to enter a restricted, prohibited or danger area.

42.   Marshalling signals - signalman to a pilot

   (1) The marshalling signals shown in Figures 21 to 55 in Schedule 5 shall be used from a signalman to a PIC of an aircraft.

   (2) The signals are designed for use by the signalman, with hands illuminated as necessary to facilitate observation by the PIC, and facing the aircraft in a position-

   (a)   for fixed-wing aircraft, the signalman shall be positioned forward of the left-wing tip within view of the PIC; and

   (b)   for helicopters, where the signalman can best be seen by the PIC.

   (3) The meaning of the relevant signals shall remain the same if a marshalling bat, illuminated wand or a torchlight is held.

   (4) Signals marked with an asterisk are designed for use to hovering helicopters.

   (5) Prior to using the signals, as shown in Figures 21 to 55 in Schedule 5 the signalman shall ascertain that the area within which an aircraft is to be guided is clear of objects.

43.   Marshalling signals - pilot to a signalman

   A PIC shall use the signals shown in Table 5 in Schedule 6 when communicating with a signalman on the ground.

PART V
Flight plans (regs 44-49)

44.   Pre-flight action

   (1) APIC shall, before commencing a flight, be familiar with all available information appropriate to the intended operation.

   (2) Pre-flight action by a PIC, for a flight away from the vicinity of the place of departure, and for every flight under the IFR, shall include-

   (a)   a careful study of available weather reports and forecasts to determine the fuel requirements; and

   (b)   an alternative course of action if the flight cannot be completed as planned.

   (3) A PIC who is unable to communicate by radio with an ATC unit at the aerodrome of destination shall not begin a flight to an aerodrome within a CTR if the information which it is reasonably practicable for the PIC to obtain indicates that he or she will arrive at that aerodrome when the ground visibility is less than eight kilometres or the cloud ceiling is less than five kilometres, unless the PIC has obtained from an ATC unit at that aerodrome permission to enter the aerodrome traffic zone.

45.   Flight plan

   A person shall not commence a flight, if he or she has not submitted a flight plan, except as authorised by the Authority.

46.   Submission of a flight plan

   (1) Information relating to an intended flight or portion of a flight, to be provided to ATSUs, shall be in the form of a flight plan.

   (2) APIC shall, prior to operating one of the following, submit a flight plan for-

   (a)   any flight, or portion thereof, to be provided with ATC service;

   (b)   any IFR flight within advisory airspace;

   (c)   any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate the provision of flight information, alerting and search and rescue services;

   (d)   any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate co-ordination with appropriate military units or with ATC units in adjacent states in order to avoid the possible need for interception for the purpose of identification;

   (e)   any flight across international borders; and

   (f)   any flight departing from a manned aerodrome.

   (3) APIC shall submit a flight plan before departure to the appropriate ATS reporting office or during flight, transmit to the appropriate ATSU unless arrangements have been made for submission of a RPL.

   (4) Unless otherwise prescribed by the Authority, a PIC shall submit a flight plan to the appropriate ATSU-

   (a)   at least 60 minutes before departure for IFR flights or 30 minutes for VFR flights; or

   (b)   if submitted during flight, at a time which shall ensure its receipt by the appropriate ATC unit at least 10 minutes before the aircraft is estimated to reach-

      (i)   the intended point of entry into a CTA or advisory airspace, or

      (ii)   the point of crossing an AWY or advisory route.

   (5) Where a through flight plan, containing such particulars as maybe notified is submitted to and accepted by an ATSU in respect of a flight through a number of intermediate aerodromes, this regulation shall be deemed to have been satisfied in respect of each sector of the flight.

   (6) An ATC unit may exempt the PIC from the requirements of this regulation in respect of an intended flight which is to be made in a notified local flying area and in which the aircraft will return to the aerodrome of departure without making an intermediate landing.

   (7) In order to comply with the IFR, before an aircraft either takes off from a point within any controlled airspace, or enters any controlled airspace, or in other circumstances prescribed for this purpose, the PIC shall cause a flight plan to be communicated to the appropriate ATC unit and shall obtain an ATC clearance based on that flight plan.

   (8) The PIC after he or she has flown in controlled airspace shall, unless he or she has requested the appropriate ATC unit to close his or her flight plan, forthwith inform that unit when the aircraft lands within or leaves that controlled air space.

47.   Contents of a flight plan

   (1) A flight plan submitted under these Regulations shall contain information, as applicable-

   (a)   on relevant items up to and including an alternate aerodrome regarding the whole route or the portion thereof for which the flight plan is submitted; and

   (b)   on all other items when so prescribed by the Authority or when otherwise deemed necessary by the person submitting the flight plan.

   (2) A person filing an IFR or VFR flight plan shall include in it the following information-

   (a)   aircraft identification;

   (b)   flight rules and type of flight;

   (c)   number and type of aircraft and wake turbulence category;

   (d)   equipment;

   (e)   departure aerodrome; f) EOBT;

   (g)   cruising speed;

   (h)   cruising level;

   (i)   route to be followed;

   (j)   destination aerodrome and total estimated elapsed time;

   (k)   alternate aerodrome;

   (l)   fuel endurance;

   (m)   total number of persons on board;

   (n)   emergency and survival equipment; and

   (o)   other information that may be necessary.

48.   Changes to a flight plan

   (1) Where a change occurs to a flight plan submitted for an IFR flight or a VFR flight operated as a controlled flight, the PIC shall report that change as soon as practicable to the appropriate ATSU.

   (2) In the case of a VFR flight other than that operated as a controlled flight, the PIC shall report significant changes to a flight plan as soon as practicable to the appropriate ATSU.

   (3) Any information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at the time of departure, shall be reported to the ATSU.

   (4) A PIC of an aircraft who has caused notice of the aircraft's intended arrival at any aerodrome to be given to the ATSU or other authority at that aerodrome shall ensure that the ATSU 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 forty five minutes or more.

49.   Closing a flight plan

   (1) A PIC shall make a report of arrival in person or by radio, via data link or other means of communication to the appropriate ATSU immediately after landing at the destination aerodrome, unless ATC automatically closes the flight plan.

   (2) When a flight plan has been submitted only in respect of a portion of a flight, other than the remaining portion of a flight to destination, the PIC shall, when required, close it by an appropriate report to the relevant ATSU.

   (3) When no ATSU exists at the arrival aerodrome, the PIC shall contact the nearest ATSU to close the flight plan immediately after landing.

   (4) When communication facilities at the arrival aerodrome are known to be inadequate and alternate arrangements for the handling of arrival reports on the ground are not available, the PIC shall immediately prior to landing, transmit to the appropriate ATSU, a message comparable to an arrival report, where such a report is required.

   (5) The transmission referred to in subregulation (4) shall normally be made to the aeronautical station serving the ATSU in charge of the flight information region in which the aircraft is operated.

   (6) A PIC shall include the following elements of information in his or her arrival reports-

   (a)   aircraft identification;

   (b)   departure aerodrome;

   (c)   destination aerodrome, in the case of a diversionary landing;

   (d)   arrival aerodrome; and

   (e)   time of arrival.

PART VI
Air traffic services (regs 50-61)

50.   Air traffic control clearances

   (1) A PIC shall not commence a flight in an aircraft unless he or she has obtained an ATC clearance prior to operating a controlled flight, or a portion of a flight as a controlled flight.

   (2) A PIC shall request ATC clearance referred to in subregulation (1) through the submission of a flight plan to an ATC unit.

   (3) Where a PIC has requested a clearance involving priority, that PIC shall submit a report explaining the necessity for such priority, if requested by the appropriate ATC unit.

   (4) A PIC who fails to adhere to a taxi clearance or instruction issued under subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or a term of imprisonment not exceeding three months, or to both.

   (5) A person operating an aircraft at a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit.

   (6) The PIC of an aircraft shall fly in conformity with the ATC clearance issued for the flight as amended by any further instructions given by an ATC unit, and with the holding and IAPs, notified in relation to the aerodrome of destination, unless the PIC-

   (a)   is able to fly in uninterrupted visual meteorological conditions for so long as he or she remains in controlled airspace; and

   (b)   has informed the appropriate ATC unit of his or her intention to continue the flight in compliance with VFR and has requested that unit to cancel his or her IFR flight plan.

   (7) Where an emergency arises which requires an immediate deviation from an ATC clearance, the PIC of the aircraft shall, as soon as possible, inform the appropriate ATC unit of the deviation.

   (8) A PIC who operates within a restricted or prohibited area or within a positive CTA without clearance commits an offence and is liable to a fine not needing P50 000 or a term of imprisonment not exceeding 10 years, or to both.

   (9) A PIC who deviates from an IAP commits an offence and is liable to a fine not exceeding P10 000 or a term of imprisonment not exceeding six this, or to both.

51.   Potential re-clearance in flight

   If prior to departure, a PIC anticipates that, depending on fuel endurance and subject to re-clearance in flight, a decision may be taken to proceed to a revised destination aerodrome, he or she shall notify the appropriate ATC units by the insertion, in the flight plan, of information concerning the revised route, where known, and the revised destination.

52.   Adherence to air traffic control clearances

   (1) A PIC shall, except as provided for in regulations 50 and 54, adhere to the CPL or the applicable portion of a CPL submitted for a controlled flight unless a request for a change has been made and clearance obtained from the appropriate ATC unit, or unless an emergency situation arises which necessitates immediate action by the PIC, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate ATC unit shall be notified of the action taken and that this action has been taken under emergency authority.

   (2) Subregulation (1) shall not prohibit a PIC from cancelling an IFR clearance when operating in visual meteorological conditions or cancelling a controlled flight clearance when operating in airspace that does not require controlled flight.

   (3) When operating in airspace requiring controlled flight, a PIC shall not operate contrary to ATC instructions, except in an emergency.

   (4) A PIC who deviates from an ATC clearance or instructions in an emergency shall notify ATC of that deviation as soon as possible.

53.   Route to be flown

   (1) Unless otherwise authorised or directed by the appropriate ATC unit, a PIC of a controlled flight shall, in so far as practicable-

   (a)   when on an established ATS route, operate along the defined centre line of that route; or

   (b)   when on any other route, operate directly between the navigation facilities or points defining that route.

   (2) A PIC shall notify the appropriate ATC unit of any deviation from the requirements in subregulation (1).

   (3) A PIC of a controlled flight operating along an ATS route defined by reference to very high frequency omnidirectional (VOR) range shall change over for primary navigation guidance from the facility behind the aircraft to that ahead of it at, or as close as operationally feasible to, the change-over point, where established.

54.   Air traffic control clearance inadvertent changes

   (1) A PIC of an aircraft shall take the following action in the event that a controlled flight inadvertently deviates from its CPL-

   (a)   if the aircraft is off track, the PIC shall adjust the heading of the aircraft to regain track as soon as practicable;

   (b)   the PIC shall inform the appropriate ATC unit if the average true air speed at cruising level between reporting points varies from that given in the flight plan or is expected to vary by plus or minus five per cent of the true airspeed; and

   (c)   the PIC shall notify the appropriate ATC unit and give a revised estimated time as soon as possible if the time estimate for the next applicable reporting point is found to be in error in excess of three minutes from that notified to ATC unit, or such other period of time as is prescribed by the appropriate ATS authority or on the basis of air navigation regional agreements.

   (2) Where an ADS agreement is in place, air traffic service unit shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS event contract.

55.   Air traffic control clearance - intended changes

   A PIC requesting for ATC clearance changes shall include the following information in the request-

   (a)   for change of cruising level-

      (i)   aircraft identification,

      (ii)   requested new cruising level and cruising speed at this level, and

      (iii)   revised time estimates, when applicable, at subsequent flight information region boundaries; or

   (b)   for change of route-

      (i)   destination unchanged -

         (aa)   aircraft identification,

         (bb)   flight rules,

         (cc)   description of new route of flight including related flight plan data beginning with the position from which requested change of route is to commence,

         (dd)   revised time estimates, and

         (ee)   any other pertinent information, and

      (ii)   destination changed-

         (aa)   aircraft identification,

         (bb)   flight rules,

         (cc)   description of revised route of flight to revised destination aerodrome including related flight plan data, beginning with the position from which requested change of route is to commence,

         (dd)   revised time estimate,

         (ee)   alternate aerodrome, and

         (ff)   any other relevant information.

56.   Position report

   (1) APIC of a controlled flight shall report to the appropriate ATC unit, as soon as possible-

   (a)   the time and level of passing a designated compulsory reporting point except that while the aircraft is under radar control, only the passing of those reporting points specifically requested by an ATC unit need reported, together with any other required information, unless exempted from this requirement by the appropriate ATC unit under conditions specified by the Authority;

   (b)   any unforecasted weather conditions encountered; and

   (c)   any other information relating to the safety of flight, such as hazardous weather or abnormal radio station indications.

   (2) A PIC of a controlled flight shall make position reports in relation to additional points when requested by the appropriate ATC unit.

   (3) In the absence of designated reporting points, a PIC of a controlled flight shall make position reports at intervals prescribed by the Authority or specified by the appropriate ATC unit.

   (4) A PIC of a controlled flight providing position information to the appropriate ATC unit via data link communications shall only provide voice position reports when requested.

   (5) A PIC of a controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate ATC unit as soon as the flight ceases to be subject to ATC service.

57.   Communications

   (1)   A person operating an aircraft as a controlled flight shall maintain a continuous air-ground voice communication watch on the appropriate radio frequency of, and establish two-way communication as required, with, the appropriate ATC unit.

   (2) Automatic signalling devices may be used to satisfy the requirement to maintain a continuous listening watch, if authorised by the Authority.

58.   Communication failure-air-to-ground

   (1) Where a PIC has been unable to establish contact with an aeronautical ground station in order to comply with regulation 57 the PIC shall attempt to establish communications with the appropriate ATC unit using all other available means.

   (2) Where an aircraft forms part of the aerodrome traffic at a controlled aerodrome, the PIC shall keep a watch for instructions that may be issued by visual signals.

   (3) Where an aircraft is equipped with SSR transponder, the PIC shall select Mode A, Code 7600.

   (4) If a PIC is unable to establish communication in accordance with subregulation (1) and is in visual meteorological conditions, the PIC shall-

   (a)   continue to fly in visual meteorological conditions; and

   (b)   land at the nearest suitable aerodrome and report his or her arrival by the most expeditious means to the appropriate ATC unit; or

   (c)   if considered advisable, complete an IFR flight in accordance with subregulation (5).

   (5) Where a PIC is unable to establish communication in accordance with subregulation (1) and is in IMC or when the PIC of an IFR flight considers it inadvisable to complete the flight in accordance with subregulation (4) (a) and (b), the PIC shall-

   (a)   in airspace where radar is not used in the provision of ATC, maintain last assigned speed and level, or minimum flight altitude if higher, for a period of twenty minutes following the PIC's failure to report's aircraft's position over a compulsory reporting point and thereafter adjust level and speed in accordance with the FLT;

   (b)   proceed according to the CPL route to the appropriate designated navigation aid or fix serving the destination aerodrome and, where required to ensure compliance with subparagraph (c) below, hold over this aid or fix until commencement of descent;

   (c)   commence descent from then navigation aid or fix specified in subparagraph (b) at, or as close as possible to the EAT last received and acknowledged or, if no EAT has been received and acknowledged, at or as close as possible to the ETA resulting from the CPL;

   (d)   complete a normal IAP as specified for the designated navigation aid or fix;

   (e)   land, if possible, within thirty minutes after the ETA specified in subparagraph (e) or the last acknowledged EAT, whichever is later; and

   (f)   if unable to land as specified in subparagraph (e), not approach to land visually but shall leave the vicinity of the aerodrome and any associated controlled airspace at the specified altitude on a specified route, and if no altitude or route is specified the PIC shall fly at the last assigned altitude or minimum sector altitude, whichever is the higher, to avoid areas of dense traffic, then the PIC shall either-

      (i)   fly to an area in which flight may be continued in visual meteorological conditions and land at a suitable aerodrome there, or

      (ii)   select a suitable area in which to descend through cloud, fly visually to a suitable aerodrome and land as soon as practicable.

   (6) Where a PIC is unable to establish communication in accordance with subregulation (1) and is in IMC or when the PIC of an IFR flight considers it inadvisable to complete the flight in accordance with subregulation(4)(a) and (b), the PIC shall-

   (a)   in airspace where radar is used in the provision of ATC, maintain the assigned speed and level, or minimum flight altitude if higher, for a period of seven minutes following-

      (i)   the time the last assigned level or minimum flight altitude is reached,

      (ii)   the time the transponder is set to Mode A, Code 7600, or

      (iii)   the PIC's failure to report the aircraft's position over a compulsory reporting point; whichever is later, and thereafter adjust level speed in accordance with the FLT;

   (b)   when being radar vectored or having been directed by ATC to proceed set using Area Navigation without a specified limit, rejoin the CPL route no later than the next significant point, taking into consideration the applicable minimum flight altitude; and

   (c)   the provisions of regulation 5 (b), (c), (d), (e) and (f shall also apply.

59.   Communication failure-ground-to-air

   (1) Where an aeronautical station has been unable to establish contact with a PIC after calls on the frequencies on which the PIC is believed to be listening, the station shall-

   (a)   request other aeronautical stations to render assistance by calling t h and relaying traffic information, if necessary; or

   (b)   request the PIC of other aircraft on the route to attempt to establish communication with the aircraft and relay traffic in formation, if necessary.

   (2) The provisions of subregulation (1) shall also be applied-

   (a)   on request of the air traffic service unit concerned; or

   (b)   when an expected communication from a PIC has not been received within 30 minutes of a communication failure being suspected.

   (3) Where the attempts specified in subregulation (1) fail, the aeronautical station shall transmit messages addressed to the PIC, other than messages containing ATC clearances, by blind transmission on the frequency on which the PIC is believed to be listening.

60.   Unlawful interference of aircraft

   (1) A PIC of an aircraft which is being subjected to an unlawful interference shall endeavour to notify the appropriate ATSU-

   (a)   of the unlawful interference;

   (b)   of any significant circumstances associated with the unlawful interference; and

   (c)   of any deviation from the CPL necessitated by the circumstances, in order to enable the ATSU to give priority to the aircraft and to minimise conflict with other aircraft.

   (2) A PIC shall, when and if possible, operate the SSR Mode A Code 7500 to indicate that the aircraft is being subjected to an unlawful interference, and where circumstances require, a SSR Mode A, Code 7700 to indicate that it is threatened by grave and imminent danger and requires immediate assistance.

   (3) When an air traffic service unit knows or believes that an aircraft is being subjected to an unlawful interference, no reference shall be made in ATS air-ground communications to the nature of the emergency unless it has first been referred to in communications from the aircraft involved and it is certain that such reference will not aggravate the situation.

61.   Lawful interception of aircraft

   (1) Interception of a civil aircraft shall-

   (a)   be undertaken only as a last resort;

   (b)   if undertaken, be limited to determining the identity of the aircraft, unless it is necessary to return the aircraft to its planned track, direct it beyond the boundaries of national airspace, guide it away from a prohibited, restricted or danger area or instruct it to effect a landing at a designated aerodrome;

   (c)   not be undertaken for practice of interception of civil aircraft;

   (d)   ensure that navigational guidance and related information will be given to an intercepted aircraft by RTF, whenever radio contact can be established; and

   (e)   ensure that, in the case where an intercepted civil aircraft is required to land in the territory overflown, the aerodrome designated for the landing is suitable for the safe landing of the aircraft type concerned.

   (2) A PIC of a civil aircraft when intercepted shall immediately-

   (a)   follow the instructions given by the intercepting aircraft, interpreting and responding to visual signals in accordance with the specifications in regulation 40;

   (b)   notify, if possible, the appropriate air traffic service unit;

   (c)   attempt to establish radio communication with the intercepting aircraft or with the appropriate intercepting control unit, by making a general call on the emergency frequency 121.5 MHz, giving the identity of the intercepted aircraft and the nature of the flight, and if no contact h an established and if practicable, repeat this call on the emergency frequency 243 MHz; or

   (d)   if equipped with SSR transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic service unit.

   (3) If any instruction received by radio from any sources conflict with those given by the intercepting aircraft by visual signals, the PIC of the intercepted aircraft shall request immediate clarification while continuing to comply with visual instructions given by the intercepting aircraft.

   (4) If any instructions received by radio from any sources conflict with those given by the intercepting aircraft by radio, the PIC of the intercepted aircraft shall request immediate clarification while continuing to comply the radio instructions given by the intercepting aircraft.

   (5) In intercepting a civil aircraft, the intercepting aircraft shall take due account of the performance limitations of civil aircraft, the need to avoid flying in such proximity to the intercepted aircraft that a collision hazard may be created and the need to avoid crossing the intercepted aircraft's flight path or to perform any other manoeuvre in such a manner that the wake turbulence may be hazardous, particularly if the intercepted aircraft is a light aircraft.

   (6) PICs of intercepting aircraft equipped with a SSR transponder shall suppress the transmission of pressure-altitude information (in Mode C replies or in the AC field of Mode S replies) within a range of at least 37 kilometres of the aircraft being intercepted in order to prevents the ACAS in the intercepted aircraft from using resolution advisories in respect of the interceptor, while the ACAS traffic advisory information will remain available.

   (7) If radio contact is established during interception but communication in a common language is not possible, attempts shall be made to convey instructions, acknowledgement of instructions and essential information by using the phrases and pronunciations in Table 6 in Schedule 7 and transmitting each phrase twice.

Miscellaneous

62.   Reporting of hazardous conditions

   A PIC shall, on encountering with hazardous conditions in the course of a flight, or as soon as possible thereafter, send, to the appropriate air traffic vice unit by the quickest means available, information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

63.   Classification of airspace

   ATS airspaces classification in Botswana shall be shown in the aeronautical information publication and classified and designated in accordance with table 7 in Schedule 8.

64.   Powers of pilot-in-command

   The PIC shall have the final authority as to the disposition of the aircraft while in command.

65.   Flight in Class A airspace

   APIC shall, in relation to flights in visual meteorological conditions in Class A airspace, comply with regulations 52 and 68 as if the flights were IFR flights but shall not elect to continue the flight in compliance with the VFR for the purposes of regulation 68.

66.   Co-ordination of activities potentially hazardous to civil aircraft

   (1) A person shall not carry out activities potentially hazardous to aircraft whether flying over Botswana or over the territorial waters of Botswana without approval from the Authority.

   (2) Notwithstanding the generality of subregulation (1)-

   (a)   a person shall not intentionally project, or cause to be projected, a laser beam or other directed high-intensity light at an aircraft in such a manner as to create a hazard to aviation safety, damage to the aircraft or injury to its crew or passengers;

   (b)   a person using or planning to use lasers or other directed high- intensity lights outdoors in such a manner that the laser beam or other light beam may enter navigable airspace with sufficient power to cause an aviation hazard shall provide written notification to the competent authority; and

   (c)   a PIC shall not deliberately operate an aircraft into a laser beam or other directed high-intensity light unless flight safety is ensured.

   (3) A person shall not release into the atmosphere any radioactive material or toxic chemicals which could affect the safety of aircraft.

PART VII
Visual flight rules (regs 67-76)

67.   Weather limitations for visual flight rules flights

   (1) A person shall not commence a flight to be conducted in accordance with VFR unless-

   (a)   available current meteorological reports, or a combination of current reports and forecasts, indicate that the meteorological conditions along the route; or

   (b)   part of the route to be flown under VFR, shall, at the appropriate time, allow VFR operations.

   (2) Any person who contravenes the provision of subregulation (1) commits an offence and is liable to a fine not exceeding P25 000 or a term of imprisonment not exceeding five years, or to both

68.   Visual meteorological conditions

   Except when operating a SVFR flight, a person shall conduct a flight so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in Table 8 in Schedule 9.

69.   Visual flight rules within a control zone

   A PIC of a VFR flight shall not take off or land at an aerodrome within a CTR, or enter the aerodrome traffic zone or traffic pattern when-

   (a)   the ceiling is less than 1 500 feet; or

   (b)   the ground visibility is less than five kilometres, except when a VFR clearance is obtained from an ATC unit.

70.   Minimum safe visual flight rules altitudes

   A VFR flight shall not be flown, except when necessary for take-off or landing, or except by permission from the Authority-

   (a)   over congested areas of cities, towns or settlements or over an open- air assembly of persons at a height less than 1 500 feet above the highest obstacle within a radius of 600 metres from the aircraft; or

   (b)   elsewhere than specified in paragraph (a), at a height less than 500 feet above the ground or water.

71.   Air traffic control clearances for visual flight rules flights

   A PIC of a VFR flight shall comply with the provisions of regulations 50, 51, 52, 54, 55, 56 and 58 when-

   (a)   operating within Class C airspace;

   (b)   forming part of aerodrome traffic at a controlled aerodrome; or

   (c)   operating as a special VFR flight.

72.   Weather deterioration below visual meteorological conditions

   A PIC of a VFR flight operated as a controlled flight shall, when it becomes evident that flight in visual meteorological conditions in accordance with its current control flight plan will not be practicable-

   (a)   request an amended clearance enabling the aircraft to continue in visual meteorological conditions to its destination or to an alternative aerodrome, or to leave the airspace within which an ATC clearance is required;

   (b)   if no clearance can be obtained in accordance with paragraph (a), continue to operate in visual meteorological conditions and notify the appropriate ATC unit of the action being taken either to leave the airspace concerned or to land at the nearest suitable aerodrome;

   (c)   if operating within a CTR, request authorisation to operate as a SVFR; or

   (d)   request clearance to operate in IFR, if currently rated for IFR operations.

73.   Visual flight rules flight within designated areas

   A PIC operating a VFR flight within or into areas, or along routes, designated by the Authority in accordance with regulation 46 (2) (c) or (d) shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the ATSU providing FIS.

74.   Choice of visual flight rules or instrument flight rules

   (1) Subject to regulation 65 a person shall fly an aircraft in accordance with VFR or IFR, provided that-

   (a)   an aircraft flying at night shall be flown in accordance with the IFR, or, in a CTR, in accordance with the IFR or the provisions of regulation 75;and

   (b)   irrespective of meteorological conditions, the PIC shall, when operating at or above flight level 150, fly in accordance with IFR.

   (2) A person shall not operate an aircraft in VFR unless authorised by the Authority to operate-

   (a)   above flight level 145;

   (b)   at night; or

   (c)   at supersonic or transonic speeds.

75.   Special visual flight rules flight

   (1) A PIC flying an aircraft in a CTR, in the case of a SVFR flight shall remain clear of cloud and in sight of the ground or water and shall fly the aircraft in accordance with any instructions given by the appropriate ATC unit.

   (2) A PIC flying a SVFR flight shall not fly in a CTR when the flight visibility is less than 1 500 metres or the ceiling is less than 500 feet.

76.   Changing from visual flight rules to instrument flight rules

   A PIC operating in VFR who wishes to change to IFR shall-

   (a)   where a flight plan was submitted, communicate the necessary changes to be effected to the CPL; or

   (b)   when so required by the provisions of regulation 46, submit a flight plan to the appropriate ATC unit and obtain a clearance prior to proceeding to operate in IFR when in controlled airspace.

PART VIII
Instrument flight rules (regs 77-82)

77.   Aircraft equipment

   (1) A PIC shall ensure that an aircraft is equipped with suitable instrument and with navigation equipment appropriate to the route to be flown to enable the operation of an IFR flight.

   (2) A PIC who operates an aircraft without the required equipment in accordance subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or a term of imprisonment not exceeding three months, or to both.

78.   Instrument flight rules flights in controlled airspace

   A PIC of an aircraft operating an IFR flight in controlled airspace shall-

   (a)   fly the aircraft at a cruising level, or, if authorised to employ cruise climb techniques between two levels or above a level, selected from-

      (i)   Table 1 in Schedule 1 in areas where, on the basis of regional air navigation agreements and in accordance with conditions specified therein, a vertical separation minimum of 1 000 feet is applied between flight level 290 and flight level 410 inclusive, or

      (ii)   a modified table of cruising levels, when so prescribed in accordance with Table 1 in Schedule 1 for flight above FL410; except that the correlation of levels to track prescribed therein shall not apply whenever otherwise indicated in ATC clearances or specified by the Authority in the aeronautical information publication; and

   (b)   comply with the provisions of regulations 50, 51, 52, 54, 55, 56 and 57.

79.   Instrument flight rules flights outside controlled airspace

   A PIC operating an IFR flight outside a controlled airspace-

   (a)   shall fly at a cruising level selected from Table 1 in Schedule 1; flights

   (b)   within or into areas, or along routes specified in regulation 46 outside controlled subregulation (2) (c) or (d), shall maintain a listening watch on the airspace appropriate communication channel and establish two-way communication, as necessary with ATSU providing FISs; and

   (c)   shall report the aircraft's position as required by the provisions of regulation 56.

80.   Malfunction reports - operation under instrument flight rules in controlled airspace

   (1) A PIC of an aircraft operated in controlled airspace under IFR shall report as soon as practical to ATC unit any malfunctions of navigation, approach, or communication equipment occurring in flight.

   (2) The PIC shall include in each report specified in subregulation (1)-

   (a)   the aircraft identification;

   (b)   the equipment affected;

   (c)   the degree to which the capability of the PIC to operate under IFR in the ATC system is impaired; and

   (d)   the nature and extent of assistance desired from ATC unit.

81.   Minimum flight altitudes for instrument flight rules operations

   (1) A PIC shall, except when necessary for take off or landing, fly an IFR flight at a level which is not below the minimum flight altitude established by the authority of the State whose territory is overflown.

   (2) A PIC shall, where the authority of a State whose territory is overflown has not established a minimum flight altitude-

   (a)   operate an IFR flight for flights over high terrain or in mountainous areas, at a level which is at least 2 000 feet above the highest obstacle located within 8 kilometres of the estimated position of the aircraft; or

   (b)   operate an IFR flight for flights elsewhere than as specified in subparagraph (a), at a level which is at least 1 000 feet above the highest obstacle located within 8 kilometres of the estimated position of the aircraft.

82.   Change from instrument flight rules flight to visual flight rules flight

   (1) A PIC electing to change from IFR flight to VFR flight shall notify the appropriate ATC unit specifically, that the IFR flight is cancelled and then communicate the changes to be made to the CPL.

   (2) Where a PIC operating under IFR is flying in or encounters visual meteorological conditions, the PIC shall not cancel the IFR flight unless it is anticipated, and intended, that the flight shall be continued for a reasonable period of time in uninterrupted visual meteorological conditions.

   (3) A PIC who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 or a term of imprisonment not exceeding three months, or to both

PART IX
Offences and penalties (reg 83)

83.   Offences and Penalties

   (1) A person who contravenes any direction issued under these Regulations commits an offence.

   (2) Where a provision of any regulation is contravened in relation to an aircraft, the operator of that aircraft and the PIC, if the operator or the PIC is not the person who contravened that provision 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 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.

   (3) Any person who contravenes a provision of any regulation for which no specific penalty has been specified shall be liable to a fine not exceeding P50 000, or to a term of imprisonment not exceeding 10 years, for each offence.

SCHEDULE 1

(reg 13(3) and (4))

TABLE 1 - TABLE OF CRUISING LEVELS

TRACK**

From 000 Degrees to 179 Degrees***

From 180 Degrees to 359 Degrees***

IFR Flights

VFR Flights

Altitude

Altitude

Altitude

Altitude

FL

Meters

Feet

FL

Meters

Feet

FL

Meters

Feet

FL

Meters

Feet

-90

10

30

50

70

90

110

130

150

170

190

210

230

250

270

290

310

330

350

370

390

410

450

490

etc

NB: in areas where on the basis of regional air navigation agreements and in accordance with conditions specified therein, a vertical separation minimum (VSM) of 300 m (1000 ft) is applied between FL 290 and FL 410 inclusive.

Note: Guidance material relating to vertical separation is contained in ICAO Doc 9574, Manual on the Implementation of a 300 m (1,000 ft) Vertical Separation Minimum Between FL 290 and FL 410 Inclusive. The system of flight levels is prescribed in ICAO Doc 8168, Procedures for Air Navigation Services.

VFR Flights

IFR Flights

-

-

-

-

-

0

-

-

-

-

-

300

1000

-

-

-

20

600

2000

-

-

-

900

3000

35

1050

3500

40

1200

4000

45

1350

4500

1500

5000

55

1700

5500

60

1850

6000

65

2000

6500

2150

7000

75

2300

7500

80

2450

8000

85

2600

8500

2750

9000

95

2900

9500

100

3050

10000

105

3200

10500

3350

11000

115

3500

11500

120

3650

12000

125

3800

12500

3950

13000

135

4100

13500

140

4250

14000

145

4400

14500

4550

15000

160

4900

16000

5200

17000

180

5500

18000

5800

19000

200

6100

20000

6400

21000

220

6700

22000

7000

23000

240

7300

24000

7600

25000

260

7900

26000

8250

27000

280

8550

28000

8850

29000

300

9150

30000

9450

31000

320

9750

32000

10050

33000

340

10350

34000

10650

35000

360

10950

36000

11300

37000

380

11600

38000

11900

39000

400

12200

40000

12500

41000

430

13100

43000

13700

45000

470

14350

47000

14950

49000

510

15550

51000

etc

etc

etc

etc

etc

etc

SCHEDULE 2

(reg 21)

Lights to be displayed by an aircraft

   (1) An aircraft when in flight shall be equipped with the following navigation lights as illustrated in Figure 1-

   (a)   a red light projected above and below the horizontal plane through angle of coverage L;

   (b)   a green light projected above and below the horizontal plane through angle of coverage R; and

   (c)   a white light projected above and below the horizontal plane rearward through angle of coverage A.

   (2) The following lights shall be displayed on the water in each of the following circumstances -

   (a)   when under way, appearing as steady unobstructed lights, as illustrated in Figure 2-

      (i)   a red light projected above and below the horizontal through angle of coverage L visible at a distance of at least 3.7 kilometres;

      (ii)   a green light projected above and below the horizontal through angle of coverage R visible at a distance of at least 3.7 kilometres;

      (iii)   a white light projected above and below the horizontal through angle of coverage A visible at a distance of at least 3.7 kilometres;

      (iv)   a white light projected through angle of coverage F shall be visible at distance of 9.3 kilometres when fitted to an aeroplane of 20 m or more in length or visible at a distance of 5.6 kilometres when fitted to an aeroplane of less than 20 m in length;

   (b)   when towing another vessel or aeroplane, appearing as steady unobstructed lights, as illustrated in Figure 3-

      (i)   the lights described in (2){a),

      (ii)   a second light having the same characteristics as the light described in (2)(a)(iv) and mounted in a vertical line at least 2 m above or below it, and

      (iii)   a yellow light having otherwise the same characteristics as the light described in (2) (a) (iii) and mounted in a vertical line at least 2 m above it;

   (c)   when being towed, appearing as steady unobstructed lights, the lights described in (2)(a)(i) to (iii);

   (d)   when not under command and not making way, as illustrated in Figure 4, two steady red lights placed where they can best be seen, one vertically over the other and not less than 1 m apart, and of such a character as to be visible all around the horizon at a distance of at least 3.7 kilometres (2 nautical miles);

   (e)   when making way but not under command, as illustrated in Figure 5 the lights described in (2)(a)(i) to (iii) plus the lights described in (2)(d) and the display of lights prescribed in (2)(e)(i) shall be taken by other aircraft as signals that the aeroplane showing them is not under command and cannot therefore get out of the way and are not signals aeroplanes in distress and requiring assistance;

   (f)   when at anchor-

      (i)   if less than 50 m in length, where it can best be seen, a steady white light, as illustrated in Figure 6, visible all around the horizon at a distance of at least 3.7 kilometres (2 nautical miles),

      (ii)   if 50m or more in length, where they can best be seen, a steady white forward light and a steady white rear light, as illustrated in Figure 7, both visible all around the horizon at a distance of at least 5.6 kilometres (3 nautical miles),

`

      (iii)   if 50 m or more in a span steady white light on each side, as illustrated in Figures 8 and 9, to indicate the maximum span and visible, so far as practicable, all around the horizon at a distance of at least 1.9 kilometres (1 nautical miles), or

   (g)   when aground, the lights prescribed in (2)(/) and in addition two steady red lights in vertical line, at least 1 meter apart so placed as to be visible all around the horizon.

SCHEDULE 3

(reg 22 (1) and (3))

TABLE 4 - LIGHT AND PYROTECHNIC SIGNALS FROM AERODROME CONTROL

Light

From Aerodrome control tower to

Cleared for takeoff
Taxi clear of landing area in use

Directed towards aircraft concerned

Return to starting point on the aerodrome

Red pyrotechnic

Notwithstanding any previous instructions, do not land for the time being.

Area in flight

Aircraft on the ground Stop

Steady green

"¢   Cleared to land

Steady red

"¢   Give way to other traffic and continue circling

Series of green flashed

"¢   Return for landing

Series of red flashed

"¢   Aerodrome unsafe, do not land

Series of white flashes

"¢   Land at this aerodrome and proceed to apron

Figure 10 - Light and Pyrotechnic Signals from Aerodrome Control

(reg 22(1))

Figure 11

Visual ground signals

   (reg 22(3))

   (a)   

      

   prohibition of landing - a horizontal red square panel with yellow diagonals, as shown in Figure 11 when displayed in a signal area indicates that landings are prohibited and that the prohibition is liable to be prolonged;

   (b)   

      

Figure 12

need for special precautions while approaching or landing - a horizontal red square panel with one yellow diagonal, as shown in Figure 12 when displayed in a signal area indicates that owing to the bad state of the manoeuvring area, or for any other reason, special precautions must be observed in approaching to land or in landing;

   (c)   

use of runways and taxiways-

      (i)   a horizontal white dumb-bell, as shown in Figure 13 when displayed in a signal area indicates that aircraft are required to land, take off and taxi on runways and taxiways only;

      (ii)   the same horizontal white dumb-bell as in Figure 13 but with a black bar placed perpendicular to the shaft across each circular portion of the dumb-bell, as shown in Figure 14 when displayed in a signal area indicates that aircraft are required to land and take off on runways only, but other manoeuvres need not be confined to runways and taxiways;

   (d)   

closed runways or taxiways - crosses of a single contrasting colour, yellow or white, as shown in Figure 15, displayed horizontally on runways and taxiways or parts thereof indicate an area unfit for movement of aircraft;

   (e)   

directions for landing or take-off-

      (i)   a horizontal white or orange landing T , as shown in Figure 16, indicates the direction to be used by aircraft for landing and take-off, which shall be in a direction parallel to the shaft of the T towards the cross arm and when used at night, the landing T is either illuminated or outlined in white coloured lights.

      (ii)   a set of two digits , as shown in Figure 17, displayed vertically at or near the aerodrome control tower indicates to aircraft on the manoeuvring area the direction for take-off, expressed in units of 10 degrees to the nearest 10 degrees of the magnetic compass;

   (f)   

right-hand traffic - when displayed in a signal area, or horizontally at the end of the runway or strip in use, a right-hand arrow of conspicuous colour , as shown in Figure 18 indicates that turns are to be made to the right before landing and after take-off;

   (g)   

ATS reporting office - the letter C displayed vertically in black against a yellow background , as shown in Figure 19 indicates the location of the ATS reporting office;

   (h)   

glider flights in operation- a double white cross displayed horizontally , as shown in Figure 20 in the signal area indicates that the aerodrome is being used by gliders and that glider flights are being performed.

SCHEDULE 4

(reg 40(1))

TABLE 3 - SIGNALS INITIATED BY INTERCEPTING AIRCRAFT

Series

INTERCEPTING Aircraft Signals

Meaning

INTERCEPTED
Aircraft Responds

Meaning

1

DAY or NIGHT - Rocking aircraft and flashing navigational lights at irregular intervals (and landing lights in the case of a helicopter) from a position slightly above and ahead of, and normally to the left of, the intercepted aircraft (or to the right if the intercepted aircraft is a helicopter) and, after acknowledgement, a slow level turn, normally to the left, (or to the right in the case of a helicopter) on the desired heading.
Note 1. - Meteorological conditions or terrain may require the intercepting aircraft to reverse the positions and direction of turn given above in Series 1.
Note 2. - If the intercepted aircraft is not able to keep pace with the intercepting aircraft, the latter is expected to fly a series of race-track patterns and to rock the aircraft each time it passes the intercepted aircraft.

You have been intercepted. Follow me.

DAY or NIGHT -
Rocking aircraft. Flashing navigational lights at irregular intervals and following.

Understood, will comply.

2

DAY or NIGHT - An abrupt break-away manoeuvre from the intercepted aircraft consisting of a climbing turn of 90 degrees or more without crossing the line of flight of the intercepted aircraft.

You may proceed.

DAY or NIGHT - Rocking the aircraft.

Understood, will comply.

3

DAY or NIGHT - Lowering landing gear (if fitted), showing steady landing lights and overflying runway in use or, if the intercepted aircraft is a helicopter, overflying the helicopter landing area. In the case of helicopters, the intercepting helicopter makes a landing approach, coming to hover near to the landing area.

Land at this aerodrome.

DAY or NIGHT - Lowering landing gear (if fitted), showing steady landing lights and following the intercepting aircraft and, if, after overflying the runway in use or helicopter landing area, landing is considered safe, proceeding to land.

Understood, will comply.

SCHEDULE 4

(reg 40(2))

TABLE 4 - SIGNALS INITIATED BY INTERCEPTING AIRCRAFT AND RESPONSES BY INTERCEPTING AIRCRAFT

Series

INTERCEPTING Aircraft Signals

Meaning

INTERCEPTED
Aircraft Responds

Meaning

4

DAY or NIGHT - Raising landing gear (if fitted) and flashing landing lights while passing over runway in use or helicopter landing area at a height exceeding 300m (1,000 ft) but not exceeding 600 m (2,000 ft) (in the case of a helicopter, at a height exceeding 50m (170 ft) but not exceeding 100m (330 ft) above the aerodrome level, and continuing to circle runway in use or helicopter landing area. If un-able to flash landing lights, flash any other lights available.

Aerodrome you have designated is inadequate.

DAY or NIGHT - If it is desired that the intercepted aircraft follow the intercepting aircraft to an alternate aerodrome, the intercepting aircraft raises its landing gear (if fitted) and uses the series 1 signals prescribed for intercepting aircraft.


If it is decided to release the incepted aircraft. The intercepting aircraft uses the series 2 signals prescribed for intercepting aircraft.

Understood, follow me.







I understood, you may proceed.

5

DAY or NIGHT - Regular switching on and off of all available lights but in such a manner as to be distinct from flashing lights.

Cannot comply.

DAY or NIGHT - Use Series 2 signals prescribed for intercepting aircraft.

Understood

6

DAY or NIGHT - Irregular flashing of all available lights.

In distress.

DAY or NIGHT - Use Series 2 signals prescribed for intercepting aircraft.

Understood.

SCHEDULE 5

(reg 2(1))

MARSHALLING SIGNALS


Figure 21

Wingwalker/guide


Raise right hand above head level with wand pointing up; move left-hand wand pointing down toward body.


Note - This signal provides an indication by a person positioned at the aircraft wing tip, to the pilot/ marshaller/push-back operator, that the aircraft movement on/off a parking position would be unobstructed.


Figure 22

Identify gate


Raise fully extended arms straight above head with wands pointing up.


Figure 23

Proceed to next signalman or as directed by tower/ground control


Point both arms upward; move and extend arms outward to sides of body and point with wands to direction of next signalman or taxi area.


Figure 24

Straight ahead


Bend extended arms at elbows and move wands up and down from chest height to head.


Figure 25

Turn left (from PIC's point of view)


With right arm and wand extended at a 90-degree angle to body, make "come ahead" signal with left hand. The rate of signal motion indicates to PIC the rate of aircraft turn.


Figure 26

Turn right (from PIC's point of view)


With left arm and wand extended at a 90-degree angle to body, make "come ahead" signal with right hand. The rate of signal motion indicates to PIC the rate of aircraft turn


Figure 27

Normal stop


Fully extend arms and wands at a 90-degree angle to sides and slowly move to above head until wands cross.


Figure 28

Emergency stop


Abruptly extend arms and wands to top of head, crossing wands.


Figure 29

Set brakes


Raise hand just above shoulder height with open palm. Ensuring eye contact with flight crew, close hand into a fist. Do not move until receipt of "thumbs up" acknowledgement from flight crew.


Figure 30

Release brakes


Raise hand just above shoulder height with hand closed in a fist. Ensuring eye contact with flight crew, open palm.


Do not move until receipt of "thumbs up" acknowledgement from flight crew.


Figure 31

Chocks inserted


With arms and wands fully extended above head, move wands inward in a "jabbing" motion until wands touch. Ensure acknowledgement is received from flight crew.


Figure 32

Chocks removed


With arms and wands fully extended above head, move wands outward in a "jabbing" motion. Do not remove chocks until authorised by flight crew.


Figure 33

Start engine(s)


Raise right arm to head level with wand pointing up and start a circular motion with hand; at the same time, with left arm raised above head level, point to engine to be started.


Figure 34

Cut engines


Extend arm with wand forward of body at shoulder level; move hand and wand to top of left shoulder and draw wand to top of right shoulder in a slicing motion across throat.


Figure 35

   Slow down


   Move extended arms downwards in a "patting" gesture, moving wands up and down from waist to knees.



Figure 36

Slow down engine(s) on indicated side


With arms down and wands toward ground, wave either right or left wand up and down indicating engine(s) on left or right side respectively should be slowed down.


Figure 37

Move back


With arms in front of body at waist height, rotate arms in a forward motion. To stop rearward movement, use signal 6 (a) or 6 (b).


Figure 38

Turns while backing (for tail to starboard)


Point left arm with wand down and bring right arm from overhead vertical position to horizontal forward position, repeating right-arm movement.


Figure 39

Turns while backing (for tail to port)


Point right arm with wand down and bring left arm from overhead vertical position to horizontal forward position, repeating left-arm movement.


Figure 40

Affirmative/all clear


Raise right arm to head level with wand pointing up or display hand with "thumbs up"; left arm remains at side by knee.


Note. - This signal is also used as a technical/servicing communication signal.


Figure 41

*Hover


Fully extend arms and wands at a 90-degree angle to sides.


Figure 42

*Move upwards


Fully extend arms and wands at a 90-degree angle to sides and, with palms turned up, move hands upwards. Speed of movement indicates rate of ascent.


Figure 43

*Move downwards


Fully extend arms and wands at a 90-degree angle to sides and, with palms turned down, move hands downwards. Speed of movement indicates rate of descent.


Figure 44

*Move horizontally left (from PIC's point of view)


Extend arm horizontally at a 90-degree angle to right side of body. Move other arm in same direction in a sweeping motion.


Figure 45

*Move horizontally right (from PIC's point of view)


Extend arm horizontally at a 90-degree angle to left side of body. Move other arm in same direction in a sweeping motion.


Figure 46

*Land


Cross arms with wands downwards and in front of body.


Figure 47

Fire


Move right-hand wand in a "fanning" motion from shoulder to knee, while at the same time pointing with left-hand wand to area of fire.


Figure 48

Hold position/stand by


Fully extend arms and wands downwards at a 45-degree angle to sides. Hold position until aircraft is clear for next manoeuvre.


Figure 49

Dispatch aircraft


Perform a standard salute with right hand and/or wand to dispatch the aircraft. Maintain eye contact with flight crew until aircraft has begun to taxi.


Figure 50

Do not touch controls (technical/servicing communication signal)


Extend right arm fully above head and close fist or hold wand in horizontal position; left arm remains at side by knee.


Figure 51

Connect ground power (technical/servicing communication signal)


Hold arms fully extended above head; open left hand horizontally and move finger tips of right hand into and touch open palm of left hand (forming a "T"). At night, illuminated wands can also be used to form the "T" above head.


Figure 52

Disconnect power (technical/servicing communication signal)


Hold arms fully extended above head with finger tips of right hand touching open horizontal palm of left hand (forming a "T"); then move right hand away from the left.


Do not disconnect power until authorized by flight crew. At night, illuminated wands can also be used to form the "T" above head.


Figure 53

Negative (technical/servicing communication signal)


Hold right arm straight out at 90 degrees from shoulder and point wand down to ground or display hand with "thumbs down"; left hand remains at side by knee.


Figure 54

Establish communication via interphone


(technical/servicing communication signal)


Extend both arms at 90 degrees from body and move hands to cup both ears.


Figure 55

Open/close stairs (technical/servicing communication signal)


With right arm at side and left arm raised above head at a 45-degree angle, move right arm in a sweeping motion towards top of left shoulder.


Note.- This signal is intended mainly for aircraft with the set of integral stairs at the front.

SCHEDULE 6

(reg 43)

TABLE 5 - MARSHALLING SIGNALS PILOT TO GROUND SIGNALMAN

Description of Signal

Meaning of Signal

(a) Raise arm and hand with fingers extended horizontal in front of face, then clench fist.

Brakes engaged.

(b) Raise arm with fist clenched horizontally in front of face, then extend fingers.

Brakes released.

(c) Arms extended palms facing outwards, move hands inwards to cross in front of face.

Insert chocks.

(d) Hands crossed in front of face, palms facing outwards, move arms outwards.

Remove chocks.

(e) Raise the number of fingers on the 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, number 2 engine shall be the port inner engine, number 3 engine shall be the starboard inner engine and number 4 engine shall be the starboard outer engine.

Ready to start engine.

SCHEDULE 7

(reg 61 (7))

TABLE 5 - PHRASES AND PRONUNCIATIONS USED DURING INTERCEPTION

Phrases for use by INTERCEPTED aircraft

Phrases for use by INTERCEPTING aircraft

Phrase

Pronunciation1

Meaning

Phrase

Pronunciation1

Meaning

CALL SIGN

KOL SA-IN

What is your call sign?

CALL SIGN (call sign)2

KOL SA-IN
(Call sign)

My call sign is (call sign)

FOLLOW

FOO-LO

Follow me

WILCO will comply

VILL-KO

Understood

DESCEND

DEE-SEND

Descend for landing

CAN NOT

KANN NOTT

Unable to comply

YOU LAND

YOU LAAND

Land at this aerodrome

REPEAT

REE PEET

Repeat your instruction

PROCEED

PRO-SEED

You may proceed

AM LOST

AM LOSST

Position Unknown

MAYDAY

MAYDAY

I am in distress

HIJACK3

HI-JACK

I have been hijacked

LAND

LAAND

I request to land at (place name)

DESCEND

DEE-SEND

I require descent

SCHEDULE 8

(reg 63(1))

TABLE 7 - CLASSIFICATION OF AIR TRAFFIC SERVICES AIRSPACES

Class

A

B

C

D

E

F

G

Type of
flight

Seperation
provided

Service provided

Speed limitation *

Radio communication requirement

Subject to an ATC
clearance

IFR only

All aircraft

Air traffic control service

Not applicable

Continuous two-way

Yes

IFR

All aircraft

Air traffic control service

Not applicable

Continuous two-way

Yes

VFR

All aircraft

Air traffic control service

Not applicable

Continuous two-way

Yes

IFR

IFR from IFR
IFR from VFR

Air traffic control service

Not applicable

Continuous two-way

Yes

VFR

VFR from IFR

1) Airtraffic control service for separation from IFR;
2) VFR/VFR traffic information (and traffic avoidance advice on request)

250 kt IAS below
3 050 m (10 000 ft) AMSL

Continuous two-way

Yes

IFR

IFR from IFR

Air traffic control service, traffic information about VFR flights (and traffic avoidance advice on request)

250 kt IAS below
3 050 m (10 000 ft) AMSL

Continuous two-way

Yes

VFR

NilI

FR/VFR and VFR/VFR traffic information (and traffic avoidance advice on request)

250 kt IAS below
3 050 m (10 000 ft) AMSL

Continuous two-way

Yes

IFR

IFR from IFR

Air traffic control service and, as far as practical, traffic information about VFR flights

250 kt IAS below
3 050 m (10 000 ft) AMSL

Continuous two-way

Yes

VFR

Nil

Traffic information as far as practical

250 kt IAS below
3 050 m (10 000 ft) AMSL

No

No

IFR

IFR from IFR as far as practical

Air traffic advisory service; flight information service

250 kt IAS below
3 050 m (10 000 ft) AMSL

Continuous two-way

No

VFR

Nil

Flight information service

250 kt IAS below
3 050 m (10 000 ft) AMSL

No

No

IFR

Nil

Flight information service

250 kt IAS below
3 050 m (10 000 ft) AMSL

Continuous two-way

No

VFR

Nil

Flight information service

250 kt IAS below
3 050 m (10 000 ft) AMSL

No

No

SCHEDULE 9

(reg 68)

TABLE 8 - VISUAL METEOROLOGICAL CONDITIONS VISIBILITY AND DISTANCE FROM CLOUD MINIMA

At and below 900m (3,000ft) AMSL, or 300m (1, 000ft) above terrain, whichever is the higher

Altitude band

Airspace class

Flight visibility

Distance from cloud

At and above 3 030m (10,000ft) AMSL

A* B C D E F G

8 kilometres

1 500m horizontally 300m (1 000ft) Vertically

Below 3 050m (10,000ft) AMSL and above 900m (3,000ft) AMSL, or above 300m (1,000ft) above terrain, whichever is the higher

A* B C D E F G

5 kilometres

1 500m horizontally 300m (1 000ft) Vertically

A* B C D E

5 kilometres

1 500m horizontally 300m (1 000ft) Vertically

F G

5 kilometres

Clear of cloud and with the surface in sight

CIVIL AVIATION (APPROVED TRAINING ORGANISATIONS) REGULATIONS

(section 89)

(23rd March, 2012)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Application

   3.   Interpretation

PART II
Certification

   4.   General

   5.   Application for an approved training organisation certificate

   6.   Proof of personnel

   7.   Issuance of certificate

   8.   Validity of certificate

   9.   Amendment of certificate

   10.   Renewal of certificate

   11.   Display of certificate

   12.   Inspection of certificate

   13.   Certificate holder responsibility

   14.   Quality system for approved training organisation

   15.   Safety management system

   16.   Location of approved training organisation

   17.   Changes requiring notification of Authority

PART III
Training and Procedures Manual

   18.   Approval of training programme

   19.   Personnel

   20.   Training manual and procedures manual

   21.   Flight crew training courses

   22.   Training aircraft

   23.   Training courses for licenses and ratings for aircraft maintenance engineers, etc.

   24.   Flight simulator training devices

   25.   Aerodrome and sites

   26.   Records for flight-crew training courses

   27.   Graduation certificate

   28.   Examining authority for flight-crew curriculum

   29.   Transfer of trainees between training organisations

PART IV
Training Facilities

   30.   Training facilities

   31.   Training facilities for air traffic controllers, etc.

   32.   Training facilities for flight operations officers, etc.

   33.   Training facilities for aircraft maintenance engineer courses

PART V
General

   34.   Inspection

   35.   Possession of certificate

   36.   Suspension, revocation, etc.

   37.   Records to be kept

   38.   Certificates and records

   39.   Use of psychoactive substances

   40.   Use of drugs and alcohol

   41.   Replacement of documents

   42.   Advertising limitations

PART VI
Miscellaneous

   43.   Application for exemption

   44.   Requirements for exemption

   45.   Assessment of application by Authority

   46.   Evaluation of request for exemption

   47.   Fees

   48.   Penalties

   49.   Transitional provisions

   50.   Savings

      SCHEDULES

S.I. 25, 2012,
S.I. 44, 2013.

PART I
Preliminary (regs 1-3)

1.   Citation

   These Regulations may be cited as the Civil Aviation (Approved Training Organisations) Regulations.

2.   Application

   These Regulations shall apply-

   (a)   to all aircrafts registered in Botswana, wherever they may be;

   (b)   to all aircrafts not registered in Botswana when they are in Botswana,

   (c)   to citizens of Botswana, in so far as they prohibit, require or regulate the doing of anything to an aircraft registered in Botswana while in Botswana, and

   (d)   any person in so far as they prohibit, require or regulate the doing of anything to any aircraft registered in Botswana wherever they may be.

3.   Interpretation

   In these Regulations, unless the context otherwise requires -

   "accountable manager" means a manager who has corporate authority for ensuring that all training commitments can be financed and carried out to the standard required by the Authority and any additional requirements;

   "aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

   "aircraft" means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface;

   "approved training" means training conducted under curricula and supervision approved by the Authority;

   "approved training organisation" means an organisation approved by the Authority under these Regulations to perform approved training and operating under the supervision of the Authority;

   "flight simulator training device (FSTDs)" means any one of the following types of apparatus in which flight conditions are simulated on the ground-

   (a)   a flight simulator, which provides an accurate representation of the cockpit of a particular aircraft type to the extent that the mechanical, electrical, electronic, aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated;

   (b)   a flight procedures trainer, which provides a realistic cockpit environment, which simulates instrument responses, simple control functions of mechanical, electrical, electronic, and other aircraft systems, and the performance and flight characteristics of aircraft of a particular class; or

   (c)   a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the cockpit environment of an aircraft in flight in instrument flight conditions;

   "procedures manual" means a manual containing procedures, instructions and guidance for use by personnel of an approved training organisation in the execution of their duties;

   "psychoactive substances" includes alcohol, opioids, canabinoids, hypnotics, cocaine and volatile solvents;

   "quality manager" means a manager, who is responsible for the management of the quality system and quality assurance programme;

   "quality system" means the documented organisational procedures and policies, the internal audit of those policies and procedures and the management review and recommendation for quality improvement;

   "safety manager" means a manager of the approved training organisation accountable to the Authority who is responsible for the development and maintenance of an effective safety management system;

   "safety management system" means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;

   "satellite approved training organisation" means an approved training organisation at a location other than the primary location of the approved training organisation;

   "training manual" means a manual containing the training goals, objective, standards syllabi and curriculum for each phase of an approved training course; and

   "training specifications" means a document issued to an approved training organisation certificate holder by the Authority that specifies training program requirements and authorises the conduct of training, checking and testing.

PART II
Certification (regs 4-17)

4.   General

   (1) A person shall not operate a training organisation without an approved training organisation certificate and training specifications issued under these Regulations.

   (2) A person shall not conduct training, testing or checking in a Flight Simulator Training Device without, or in violation of, the certificate and training specifications required under these Regulations.

   (3) The Authority shall issue to a training organisation that meets the requirements of these Regulations, an approved training organisation certificate and training specifications for providing courses for flight crew licences and ratings and for courses for personnel other than flight crew members, as approved by the Authority.

   (4) Any 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.

5.   Application for an approved training organisation certificate

   (1) A person who wishes to apply for an approved training organisation certificate and training specifications, shall apply to the Authority, at least 90 days before the beginning of any proposed training.

   (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) An application for a training organisation certificate shall be made in Form A set out in the Schedule 1 and shall be accompanied by a non refundable fee set out in Schedule 5.

   (4) An application submitted under subregulation (3) shall contain the following information-

   (a)   a statement showing that the minimum qualification requirements for each management position are met;

   (b)   a description of the minimum qualifications and ratings for each instructor;

   (c)   a statement acknowledging that the applicant shall notify the authority within ten working days of any change made in the assignment of persons in the required management or instructor's positions;

   (d)   the proposed training specifications requested by the applicant;

   (e)   a description of the training equipment that the applicant proposes to use, including the aircraft, the Flight Simulator Training Devices and any special equipment used for each phase of training;

   (f)   a list of the aerodromes or sites at which training flights originate, if applicable, and a description of the applicant's training facilities, equipment and qualifications of personnel to be used;

   (g)   a training program, including manuals, curricula, outlines, coursework, procedures and documentation to support the requirements in regulations 18, 20 and 21;

   (h)   a description of a record-keeping system that will identify and document the details of training, qualification, and licensing of students, instructors, and evaluators;

   (i)   a quality manual or a description of the quality measures proposed;

   (j)   a method of demonstrating the applicant's qualification and ability to provide training for a licence or rating in a period less than the minimum hours prescribed by the Authority if the applicant proposes to do so;

   (k)   a safety management system manual or a description of the safety management measures proposed; and

   (l)   a statement of compliance showing how the applicant has met all applicable requirements in these Regulations.

   (6) A person applying for an approved training organisation certificate shall ensure that the facilities and equipment described in the application are-

   (a)   available for inspection and evaluation prior to approval of the application; and

   (b)   in place and operational at the location of the approved training organisation prior to the issue of a certificate under these Regulations.

   (7) A training organisation located outside Botswana may apply in accordance with this regulation for an approved training organisation certificate.

6.   Proof of personnel

   A person applying for an approved training organisation certificate shall satisfy the Authority that there shall be on its staff-

   (a)   an accountable manager;

   (b)   a quality manager;

   (c)   a safety manager;

   (d)   a head of training;

   (e)   a chief flight instructor, as applicable;

   (f)   a chief ground instructor, as applicable; and

   (g)   an adequate number of ground and flight instructors relevant to the courses provided.

7.   Issuance of certificate

   (1) The Authority shall, after inspection and approval of the application, issue to an applicant who meets the requirements of these Regulations-

   (a)   an approved training organisation certificate containing-

      (i)   the name and location of the approved training organisation,

      (ii)   the date of issue and period of validity of the certificate, and

      (iii)   the authorised locations of operations; and

   (b)   training specifications containing-

      (i)   authorisation for the approved training organisation,

      (ii)   the type of training authorised, including approved training courses,

      (iii)   the rating, category, class and type of aircraft,

      (iv)   for each synthetic flight trainer that may be used for training, testing and checking, the make, model and series of aircraft being simulated, the qualification level and the identification number assigned by the Authority,

      (v)   any aircraft, or part of the aircraft, approved for training, as appropriate,

      (vi)   the staff required to perform and meet the requirements of these Regulations, and

      (vii)   any other items the Authority may require.

   (2) The approved training organisation certificate shall be in Form B set out in Schedule 1 and shall be accompanied by a fee set out in Schedule 5.

   (3) The Authority shall refuse to issue an approved training organisation certificate if it finds that the applicant does not comply with any of the requirements under these Regulations.

8.   Validity of certificate

   (1) An approved training organisation certificate issued or renewed under these Regulations shall be valid for a period of 12 months, from the date of issue or renewal, unless-

   a shorter period is specified by the Authority;

   (a)   the Authority amends, suspends, revokes or otherwise terminates the certificate; or

   (b)   the approved training organisation surrenders it to the Authority.

   (2) Any person who operates a training organisation without a valid licence commits an offence and is liable to a fine not exceeding P25 000, or to imprisonment for a term not exceeding five years, or to both.

9.   Amendment of certificate

   (1) The Authority may amend an approved training organisation certificate or the training specifications-

   (a)   on the Authority's own initiative; or

   (b)   upon application by the certificate holder.

   (2) Application to amend a certificate under subregulation (1) (b) shall be made to the Authority in writing detailing-

   (a)   certificate number of the certificate to be amended;

   (b)   items to be amended;

   (c)   a duly certified copy of the court order, or other legal document, verifying the change of name, in the case of a change in name;

   (d)   reasons for the amendment; and

   (e)   any other information that the Authority may require.

10.   Renewal of certificate

   (1) An approved training organisation may apply for renewal of its approved training organisation certificate at least 30 days before the certificate expires.

   (2) An application under subregulation (1) shall be made in Form A set out in Schedule 1 and shall be accompanied by a non refundable fee set out in Schedule 5.

   (3) Where an application for renewal is made after a period not exceeding 30 days after the expiry of a certificate, the Authority may renew the certificate subject to payment of a penalty.

   (4) A penalty payable under subregulation (3) shall be a sum equal to one quarter of the renewal fee multiplied by the number of days which have elapsed since the date on which the validity of the certificate expired, calculated to the nearest Pula.

   (5) An application for the renewal of a certificate that expired 30 days or more prior to the application for renewal shall be treated as an application for a new certificate and the provisions of regulation 4 shall apply.

   (6) The Authority shall inspect an approved training organisation that applies for a renewal to ensure that the approved training organisation meets the requirements prescribed in these Regulations.

11.   Display of certificate

   (1) A holder of an approved training organisation certificate shall, at all times, display the certificate in a conspicuous manner.

   (2) Any person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

12.   Inspection of certificate

   (1) A person who holds an approved training organisation certificate required by these Regulations shall immediately present it for inspection when requested by the Authority or any person authorised by the Authority.

   (2) Any person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

13.   Certificate holder responsibility

   (1) A holder of an approved training organisation certificate shall-

   (a)   ensure that the facilities and working environment of the approved training organisation are appropriate for the tasks to be performed;

   (b)   ensure that it has the necessary technical data, equipment, training devices and material to conduct the courses for which it is approved;

   (c)   not make a substantial change in the facilities, equipment or material that have been approved for a particular training program, unless prior approval is given by the Authority; and

   (d)   maintain the records required by these Regulations in facilities adequate for that purpose.

   (2) Any person who contravenes a provision of 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.

14.   Quality system for approved training organisation

   (1) A holder of an approved training organisation certificate shall establish a quality system acceptable to the Authority which shall include-

   (a)   an independent audit procedure to monitor training standards;

   (b)   the integrity of knowledge examinations and practical assessments; and

   (c)   compliance with and adequacy of procedures.

   (2) The management of the quality system specified in subregulation (1) shall include feedback of the independent audit findings to the approved training organisation's senior management personnel and to the accountable manager to ensure that the necessary corrective action is taken.

   (3) The quality system specified in subregulation (1) shall meet the requirements set out in Schedule 2.

15.   Safety management system

   An approved training organisation shall establish a safety management system acceptable to the Authority which shall-

   (a)   identify safety hazards;

   (b)   ensure the implementation of the remedial action necessary to maintain the agreed safety performance;

   (c)   provide for continuous monitoring and regular assessment of the safety performance; and

   (d)   aim at a continuous improvement of the overall performance of the safety management system.

16.   Location of approved training organisation

   (1) A holder of an approved training organisation certificate shall establish and maintain a principal place of business that is physically located at the address shown on the certificate.

   (2) A holder of an approved training organisation certificate may conduct training programs approved by the Authority at a satellite approved training organisation if-

   (a)   the facilities, equipment, personnel and course content of the satellite approved training organisation meet requirements of an approved training organisation;

   (b)   the instructors at the satellite approved training organisation are under the direct supervision of management personnel of the principal approved training organisation; and

   (c)   the approved training organisation certificate holder's training specifications reflect the name and address of the satellite approved training organisation and the approved training courses offered at the satellite approved training organisation.

   (3) The Authority shall issue training specifications which prescribe the operations required and authorised at each satellite approved training organisation.

   (4) Notwithstanding subregulation (2), an approved training organisaion may sub-contract certain activities to any other organisations, subject to the approval of the Authority.

   (5) The ultimate responsibility for the training provided by the satellite approved training organisation shall remain with the approved training organisation.

   (6) A holder of an approved training organisation certificate and a satellite approved training organisation shall execute a written agreement defining the safety and quality-related services to be provided and stating that the satellite approved training organisation's safety related activities relevant to the agreement shall be included in the approved training organisation's quality assurance programme.

17.   Changes requiring notification of Authority

   (1) An approved training organisation shall, within 30 days before a change specified in this subregulation, notify the Authority in writing of a change to-

   (a)   the name of the organisation;

   (b)   the location of the organisation;

   (c)   the accountable manager;

   (d)   any of the management personnel specified in the training and procedures manual;

   (e)   the housing, training facilities and equipment, procedures;

   (f)   the training programs and work scope;

   (g)   any ratings held by the approved training organisation, whether granted by the Authority or held through an approved training organisation issued by another State;

   (h)   mailing address;

   (i)   additional locations of the organisation; and

   (j)   items in the training and procedures manual, including the syllabus and curricula.

   (2) The changes notified under subregulation (1) shall not take effect unless prior written approval is granted by the Authority.

   (3) The Authority may prescribe the conditions under which an approved training organisation may operate during the period the changes as specified in subregulation (1) occur unless the Authority determines that the approval shall be suspended.

   (4) Any 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.

PART III
Training and Procedures Manual (regs 18-29)

18.   Approval of training programme

   (1) A holder of an approved training organisation certificate shall apply to the Authority for training program approval.

   (2) An applicant under subregulation (1) shall develop a training program for each type of course offered, which shall include-

   (a)   a breakdown of flying and theoretical knowledge instruction in either a week-by-week or phase presentation;

   (b)   a list of standard exercises and a curriculum summary in particular, synthetic flight training and theoretical knowledge instruction shall be phased in such a manner as to ensure that students shall be able to apply to flying exercises the knowledge gained on the ground;

   (c)   minimum aircraft and flight training equipment requirements for each proposed program;

   (d)   minimum instructor qualifications for each proposed programe; and

   (e)   a program for initial training and continuing training of each instructor employed to instruct in a proposed program.

   (3) The content and sequence of the training program shall be acceptable to the Authority.

19.   Personnel

   (1) An approved training organisation shall submit documentation to the satisfaction of the Authority that the qualified and competent staff are employed as follows-

   (a)   an accountable manager;

   (b)   a quality control manager;

   (c)   a safety manager;

   (d)   a head of training;

   (e)   a chief instructor, and

   (f)   an adequate number of instructors relevant to the courses provided, qualified in accordance with the requirements of the Authority.

   (2) An approved training organisation shall ensure that all instructional staff receive initial and continuous training appropriate to their assigned tasks and responsibilities, including training in knowledge and skills related to human performance.

   (3) An approved training organisation shall submit credentials to the Authority for all staff specified in this regulation and shall show that they have relevant qualifications and satisfactory experience related to approved training as appropriate in accordance with Schedule 3.

20.   Training manual and procedures manual

   (1) A holder of an approved training organisation certificate shall prepare and maintain a training manual and procedures manual containing information and instructions to enable staff to perform their duties and to give guidance to students on how to comply with course requirements, as listed in the training manual and procedures manual set out in Schedule 4.

   (2) An approved training organisation may combine the training manual and the procedures manual.

   (3) An approved training organisation shall ensure that the training manual and the procedures manual are amended as necessary to keep the information contained therein up to date.

   (4) An approved training organisation shall promptly furnish copies of all amendments to the training manual and the procedures manual to the Authority and other personnel and organisations to whom the manual has been issued.

21.   Flight crew training courses

   The Authority may approve, as provided in the training specifications, the following courses of instruction to an applicant for, or a holder of, an approved training organisation certificate, provided that the applicant meets the requirements of the Authority and these Regulations-

   (a)   private pilot licence course;

   (b)   commercial pilot licence course;

   (c)   instrument rating course;

   (d)   instrument rating-multi-engine or crew resource management integrated course;

   (e)   airline transport pilot licence course;

   (f)   class rating course;

   (g)   type rating course;

   (h)   crew resource management course;

   (i)   flight instructor course;

   (j)   instructor course for additional type or class ratings; (k) instructor course for synthetic flight training;

   (l)   refresher courses;

   (m)   category II and III operations courses;

   (n)   extended range operations by turbine-engined aeroplanes courses;

   (o)   human factors courses;

   (p)   safety management systems courses; and

   (q)   any other course as may be necessary.

22.   Training aircraft

   (1) A holder of an approved training organisation certificate shall have access to an adequate fleet of training aircraft or flight simulator training devices appropriate to the courses provided.

   (2) The aircraft provided shall be fitted with duplicated primary flight controls for use by the instructor and the student and shall not have swing- over flight controls.

   (3) The fleet provided under subregulation (1) shall include-

   (a)   as appropriate to the course of training, aeroplanes suitable for demonstrating stalling and spin avoidance;

   (b)   helicopters, as appropriate to the course of training, suitable for auto-rotation demonstration; and

   (c)   aircraft suitably equipped-

      (i)   to simulate instrument meteorological conditions, and

      (ii)   for instrument flight training and testing.

23.   Training courses for licenses and ratings for aircraft maintenance engineers, etc.

   The Authority may approve the following courses of instruction to an applicant for, or holder of, an approved training organisation certificate, provided the applicant meets the requirements of the Authority-

   (a)   aircraft maintenance engineers basic course;

   (b)   airframe rating, power-plant rating, avionics rating course;

   (c)   air traffic controller licence course;

   (d)   course for ratings of air traffic controller licences;

   (e)   flight operation officer course;

   (f)   flight radio telephony operator course; and

   (g)   cabin crew member course.

24.   Flight simulator training devices

   An applicant for, or holder of, an approved training organisation certificate providing flight simulator training shall-

   (a)   satisfy the Authority that suitably equipped flight simulator training devices are provided having regard to the number of students and courses provided by the organisation; and

   (b)   show that each flight simulator training device for training, testing and checking is specifically qualified and approved by the Authority for-

      (i)   each manoeuvre and procedure for the make, model and series of aircraft, set of aircraft, or aircraft type simulated, as applicable, and

      (ii)   each training program or training course in which the synthetic flight trainer is used, if that program or course is used to satisfy any requirement of these Regulations.

25.   Aerodrome and sites

   (1) An applicant for, or a holder of, an approved training organisation certificate that intends to conduct or conducts flight training shall show that it has continuous use of an airport and sites for helicopter training at which training flights originate and that the airport has an adequate runway and other necessary equipment.

   (2) A base aerodrome and any alternative base aerodrome at which flight training is being conducted shall have at least the following facilities-

   (a)   one runway or take-off area that allows training aircraft to make a normal take-off or landing at the maximum take-off or maximum landing mass authorised, and touch down autorotation-

      (i)   under calm wind of not more than four knots conditions and temperatures equal to the mean high temperature for the hottest month of the year in the operating area,

      (ii)   clearing all obstacles in the take-off flight path by at least 50 feet,

      (iii)   with the power-plant operation and the landing gear and flap operations where applicable recommended by the manufacturer, and

      (iv)   with a smooth transition from lift-off to the best rate of climb speed without exceptional piloting skills or techniques;

   (b)   a wind direction indicator that is visible at ground level from the ends of each runway;

   (c)   adequate runway electrical lighting, if used for night training;

   (d)   a traffic direction indicator when-

      (i)   the aerodrome does not have an operating tower control, and

      (ii)   traffic and wind advisories are not available; and

   (e)   sites available for-

      (i)   confined area operation training,

      (ii)   simulated engine off autorotation, and

      (iii)   sloping ground operation.

26.   Records for flight-crew training courses

   (1) An approved training organisation shall maintain a record for each trainee that includes-

   (a)   the name of the trainee;

   (b)   a copy of the trainees airman's certificate or pilot certificate;

   (c)   the name of the course and the make and model of flight training equipment used;

   (d)   the trainee's prerequisite experience and course time completed;

   (e)   the trainee's performance on each lesson and the name of the instructor;

   (f)   the date and result of each end of course, skill test and the name of the evaluator conducting the test; and

   (g)   the number of hours of additional training that is accomplished after any unsatisfactory skill test.

   (2) An approved training organisation approved to conduct flight-crew training shall maintain a record for each instructor or evaluator designated to instruct a course approval in accordance with these Regulations.

   (3) An approved training organisation shall keep the records under this regulation for a minimum period of 10 years-

   (a)   for students, from the date of completion of training, testing or checking; and

   (b)   for staff, from the date of employment.

   (4) The records referred to in subregulations (2) and (3) shall be made available, upon request by the Authority or trainees.

27.   Graduation certificate

   (1) An approved training organisation shall issue a graduation certificate to each trainee, upon completion of the training course.

   (2) A graduation certificate shall contain the following information-

   (a)   the name and certificate number of the training organisation;

   (b)   the name of the graduate;

   (c)   the name of the course completed;

   (d)   the graduation date;

   (e)   a statement that the graduate has satisfactorily completed the training course and tests; and

   (f)   a statement that the certificate is certified by the chief instructor.

28.   Examining authority for flight-crew curriculum

   (1) An approved training organisation shall apply for examining authority in Form A set out in Schedule 1, and such application shall be accompanied by a non refundable fee set out in Schedule 5.

   (2) An approved training organisation that applies for examining authority shall be in possession of a training organisation certificate and rating issued by the Authority.

   (3) An approved training organisation shall have held the rating in which examining authority is sought for at least 24 consecutive calendar months proceeding the month of application for examining authority.

   (4) The training course for which examining authority is sought under this regulation shall be a course that meets the minimum ground and flight training time requirements.

   (5) Within 24 calendar months before the date of application for examining authority, at least 90 per cent of the students in the approved training organisation shall have undergone the required skill or knowledge test, or any combination thereof, for the license or rating for which examining authority is sought on the first attempt and that test shall be given by-

   (a)   the Authority; or

   (b)   a designated examiner who is not an employee of the approved training organisation.

   (6) An approved training organisation that holds examining authority may recommend a person who graduated from its course for the appropriate knowledge or skill test.

   (7) An approved training organisation that holds examining authority shall administer tests or checks as required by the Authority, as appropriate to the licence or rating sought.

   (8) The examining authority of an approved training organisation shall be valid for a period of two years unless suspended or revoked by the Authority, and may be renewed upon request, in writing, to the Authority.

29.   Transfer of trainees between training organisations

   A trainee who transfers between approved training organisations may receive credit from a previous training organisation, provided that the following conditions are met-

   (a)   the maximum credited training time does not exceed one half of the receiving approved training curriculum requirements;

   (b)   the trainee completes a knowledge and proficiency test conducted by the receiving approved training organisation, for the purposes of determining the amount of knowledge and experience to be credited;

   (c)   the receiving approved training organisation determines, based on the trainee's performance on the knowledge and proficiency test required under paragraph (b), the amount of credit to be awarded, and records that credit in the trainee's training record;

   (d)   the trainee who requests credit for previous experience and knowledge has obtained the experience and knowledge from another approved training organisation; and

   (e)   the receiving approved training organisation retains a copy of the trainee's training record from the previous training organisation.

PART IV
Training Facilities (regs 30-33)

30.   Training facilities

   (1) A holder of an approved training organisation certificate shall, subject to determination by the Authority, have facilities appropriate for the maximum number of students expected to be taught at any time.

   (2) The minimum facilities referred to in subregulation (1), shall be-

   (a)   for flight operations-

      (i)   an operation room, (ii) a flight planning room,

      (iii)   adequate briefing rooms, and

      (iv)   an office for the instructors; and

   (b)   for knowledge instructions-

      (i)   classroom accommodation,

      (ii)   suitable demonstration equipment,

      (iii)   a radio telephony training and testing facility,

      (iv)   a library, and

      (v)   an office for instructors.

   (3) A holder of an approved training organisation certificate shall not make a substantial change in the facilities, equipment or material that have been approved for a particular training program unless prior approval is given by the Authority.

31.   Training facilities for air traffic controllers, etc.

   (1) A holder of an approved training organisation certificate to train air traffic controllers or flight radio telephony operators shall have facilities determined by the Authority, as appropriate for the maximum number of students expected to be taught at any time and the ratings sought, as follows-

   (a)   an enclosed adequately equipped classroom;

   (b)   a well equipped library;

   (c)   well designed simulators appropriate for the rating sought;

   (d)   adequate office accommodation for instructors;

   (e)   a control desk or console, where applicable;

   (f)   an International Civil Aviation Organization approved syllabus for the rating sought; and

   (g)   secure storage facilities for examination papers and training records.

   (2) A holder of an approved training organisation certificate with air traffic controllers or flight radio telephony operator courses shall maintain instructional equipment as is appropriate to the rating sought.

   (3) A holder of an approved training organisation certificate to train air traffic controllers or flight radio telephony operators shall not make any change in the facilities, equipment, simulators or materials that have been approved for a particular training unless prior approval is given by the Authority.

   (4) A holder of an approved training organisation certificate to train air traffic controllers or flight radio telephony operators shall ensure that the equipment, materials, and simulators required by subregulations (1) and (2) are in satisfactory working condition for instructional and practice purposes.

32.   Training facilities for flight operations officers, etc.

   (1) A holder of an approved training organisation certificate to train flight operations officers or cabin crew members shall have facilities, determined by the Authority, as appropriate for the maximum number of students expected to be taught at any time, as follows-

   (a)   adequate enclosed equipped classroom;

   (b)   flight operations facilities, including-

      (i)   an operations room,

      (ii)   a flight planning room, and

      (iii)   an office for the instructors;

   (c)   suitable demonstration equipment and cabin mockups;

   (d)   for flight operations officer training, a radio telephony training and testing facility;

   (e)   a well equipped library; and

   (f)   secure storage facilities for examination papers and training records.

   (2) A holder of an approved training organisation certificate for flight operations officer courses or cabin crew member courses shall have and maintain instructional equipment appropriate for the training sought.

   (3) A holder of an approved training organisation certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training program unless prior approval is given by the Authority.

   (4) A holder of an approved training organisation certificate to train flight operations officers or cabin crew members shall ensure that the equipment and materials, required by subregulations (1) and (2) are in satisfactory working condition for instructional and practice purposes.

33.   Training facilities for aircraft maintenance engineer courses

   (1) A holder of an approved training organisation certificate that intends to conduct or conducts aircraft maintenance engineer courses shall have suitable facilities, as determined by the Authority, appropriate for the maximum number of students expected to be taught at any time and the ratings sought, as follows-

   (a)   an enclosed adequately equipped classroom;

   (b)   a well equipped library;

   (c)   workshops, equipment, tools, adequate supply of materials and similar articles appropriate for the rating sought;

   (d)   adequate office facilities; and

   (e)   secure storage facilities for examination papers and training records.

   (2) A holder of an approved training organisation certificate with approved licenced maintenance engineer courses shall have and maintain the adequate instructional equipment appropriate to the rating sought.

   (3) A holder of an approved training organisation certificate shall not make any change in facilities, equipment or material that has been approved for a particular training program, unless prior approval is given by the Authority.

   (4) A holder of an approved training organisation certificate to conduct aircraft maintenance engineer courses shall ensure that the tools, equipment, materials, and instructional equipment required by subregulations (1) and (2) are in satisfactory working condition for instructional and practice purposes.

PART V
General (regs 34-42)

34.   Inspection

   (1) The Authority may, at any time, inspect the facilities, records, personnel and equipment of an approved training organisation certificate holder to determine the approved training organisation's ongoing compliance with these Regulations.

   (2) The Authority shall conduct inspections at least once a year.

   (3) After the inspection specified in subregulation (1), the Authority shall notify an approved training organisation certificate holder, in writing, of any deficiencies found during the inspection.

   (4) The Authority shall also conduct inspections under subregulation (1) on the holder of an approved training organisation certificate based outside Botswana.

   (5) An inspection carried out under this regulation shall focus on-

   (a)   the adequacy and qualifications of staff;

   (b)   the validity of instructors' licences, ratings and logbooks;

   (c)   the registration, associated documents and maintenance records of training aircraft;

   (d)   the qualification and approval of flight simulator training devices;

   (e)   the facilities and training equipment adequacy to the courses being conducted an d the number of students;

   (f)   the documents related to the courses, updating systems, training and operations manual;

   (g)   training records and checking forms;

   (h)   flight instruction including pre-flight briefing, actual flight and debriefing;

   (i)   the management and control of examinations;

   (j)   instruction program for personnel other than flight crew;

   (k)   the quality assurance system; and

   (l)   the safety management system.

35.   Possession of certificate

   A holder of an approved training organisation certificate shall have the certificate in their physical possession or at the work site when exercising the privileges of the certificate.

36.   Suspension, revocation, etc.

   (1) The Authority may, where it considers that it is in the public interest, suspend, 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 to its satisfaction, sufficient ground, or where it considers it to be in the public interest-

   (a)   vary, suspend, revoke or reinstate any certificate, exemption or other document issued or granted under these Regulations; and

   (b)   prevent, in the operations of an approved training organisation, any person or aircraft from flying.

   (3) A holder or any person having the possession or custody of any certificate, exemption or other document which has been varied, suspended or revoked under these Regulations shall surrender it to the Authority within 14 days from the date of variation, suspension or revocation.

   (4) Breach of any condition subject to which any certificate, exemption or any other document, has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.

37.   Records to be kept

   (1) A holder of an approved training organisation certificate shall have a system to maintain and retain the following records for a minimum period of 10 years from the date of completion of training-

   (a)   details of training given to individual students;

   (b)   detailed and regular progress reports from instructors including assessments, regular progress tests and examinations; and

   (c)   trainee information, including, names, courses taken, certificates held, expiry dates of medical certificates and, if applicable, ratings.

   (2) An approved training organisation shall maintain a system for recording the qualifications and training of instructional and examining staff, where appropriate.

   (3) The records of qualifications and training of instructors and examiners shall be retained for a minimum period of 10 years after the instructor or examiner ceases to perform a function for the training organisation.

   (4) An approved training organisation shall submit training records and report as required by the Authority.

   (5) The format of the student training records shall be specified in the training manual.

38.   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 the person or any other person the grant, issue, renewal or variation of any such certificate, approval, permission or exemption or other document.

   (2) During the period for which it is required under these Regulations for records to be maintained and preserved, a person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, or knowingly make, or procure or assist in the making of, any false entry in any such record, including willfully omitting to make a material entry in such record.

   (3) All records required to be maintained by or under these Regulations shall be recorded in permanent and indelible material.

   (4) A person shall not purport to issue any certificate or exemption for the purpose of these Regulations unless he or she is competent, qualified and authorised to do so under these Regulations.

   (5) A person shall not issue any certificate under these Regulations unless he or she has satisfied himself or herself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

39.   Use of psychoactive substances

   (1) A person whose function is critical to the safety of aviation shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired.

   (2) A person who takes psychoactive substances for medical reasons shall not engage in aviation safety task, unless or she produces a medical report to the effect that the psychoactive substance will not impair his or her performance of the task.

40.   Use of drugs and alcohol

   (1) A person who performs any function requiring the Authority's approval may be tested for drug or alcohol usage at any time when performing these functions.

   (2) Where the Authority or any person authorised by the Authority wishes to test a person referred to in subregulation (1) for the percentage level of alcohol in the blood or for the presence of narcotic drugs, marijuana or depressants or stimulant drugs or substances in the body 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 or not to suspend or revoke the certificate of the approved training organisation, the Authority shall consider all relevant factors, including-

   (a)   whether the approved training organisation had knowledge of a person's drug or alcohol use;

   (b)   whether the approved training organisation encouraged a person to refuse a drug or alcohol test;

   (c)   whether the approved training organisation dismissed a person who failed or refused a drug or alcohol test; or

   (d)   the position held in the organisation by the person failing, or refusing a drug or alcohol test.

   (4) The Authority shall, where appropriate require an approved training organisation to show cause why a person failing, or refusing, a drug or alcohol test should not be dismissed from the employment of the approved training organisation.

   (5) A person who is convicted, whether in or outside Botswana, for any offence relating to the growing, processing, manufacture, sale, disposition, possession, transportation or importation of narcotic drugs, or stimulant drugs or any illegal substances, shall be dismissed from the employment of the approved training organisation.

   (6) The Authority may suspend or revoke the certificate of an approved training organisation that refuses to dismiss from its employment, a person convicted of any offences listed under subregulation (5).

   (7) Any person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P25 000, or to imprisonment for a term not exceeding five years, or to both.

41.   Replacement of documents

   A person may apply to the Authority, in writing, for replacement of any document issued under these Regulations if such documents are lost or destroyed.

42.   Advertising limitations

   (1) A training organisation shall not-

   (a)   advertise to conduct any training, testing or checking that is not approved by the Authority; or

   (b)   make any statement relating to its approved training organisation certificate and training specification that is false or designed to mislead any person contemplating enrolment in that approved training organisation.

   (2) An approved training organisation that has surrendered its certificate to the Authority or whose certificate has been suspended, revoked or terminated shall promptly cease all advertising and remove all indications including signs, wherever located, that the approved training organisations is certificated by the Authority.

   (3) Any person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding one year, or to both.

PART VI
Miscellaneous (regs 43-50)

43.   Application for exemption

   (1) A person may apply, in writing, to the Authority for an exemption from these Regulations.

   (2) An application for an exemption shall be submitted at least 60 days in advance of the proposed effective date.

   (3) The request for an exemption shall contain the applicant's-

   (a)   name;

   (b)   physical address and mailing address;

   (c)   telephone number;

   (d)   fax number, if available; and

   (e)   email address, if available.

   (4) An application under sub-regulation (1) shall be accompanied by a fee set out in Schedule 5.

44.   Requirements 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 of why 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 of how the exemption would be in the public interest;

   (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;

   (g)   a detailed description of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware; and

   (h)   if the applicant seeks to operate under the proposed exemption outside of Botswana's airspace, an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization as well as the Regulations pertaining to the airspace in which the operation will occur.

   (2) Where the applicant seeks urgent processing of an application for emergency, the application must contain supporting facts and reasons why the application was not timely filed, and the reasons why it is urgent.

   (3) The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply for an exemption timeously.

45.   Assessment of application by Authority

   (1) The Authority shall assess the application for exemption for compliance with the requirements of regulations 43 and 44.

   (2) Where the requirements of regulations 43 and 44 have not been met, the Authority shall immediately notify the applicant and take no further action until the applicant corrects the application and re-files it in accordance with these Regulations.

   (3) If the applicant makes a request for urgent processing of an application for an exemption, the Authority shall publish the application or the Authority's decision as soon as possible after processing the application.

46.   Evaluation of request for exemption

   (1) The Authority shall, in deciding whether an exemption should be granted or denied, 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 law, 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 International Civil Aviation Organization Standards and Recommended Practices; and

   (d)   in the event that the exemption is granted, any conditions or limitations that should be part of the exemption.

   (2) The Authority shall notify the applicant in writing of its of its decision to grant or deny the exemption, and shall give a detailed summary of its decision.

   (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 aeronautical information circular.

47.   Fees

   The fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate or other document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations, shall be set out in Schedule 5.

48.   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 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.

   (2) Subregulation (1) shall not apply if the operator of that aircraft or the pilot-in-command 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) Any person who contravenes a provision of any regulation for which a penalty has not been specified 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.   Transitional provisions

   (1) Notwithstanding any other provision of these Regulations, a person who, at the commencement of these Regulations, is carrying out aviation related-training shall, within six months from the date of commencement of these Regulations, or within such longer period as the Minister may appoint, comply with the requirements of these Regulations or cease to carry out such operations.

   (2) A person who fails to comply with these Regulations within the prescribed period commits an offence and shall be liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.

50.   Savings

   All valid licences, certificates, permits or authorisation issued or granted by the Director of Civil Aviation or the Authority before the commencement of these Regulations shall remain valid until they expire or are revoked.

SCHEDULE 1

FORM A

(reg 5(3), 10(2) and 28(1))

APPLICATION FORM

Section 1. General

3a. Telephone No.

Part 5 - 5. Location of Satellite Training Facility

Section 2. Identification of Training Courses (tick/check appropriate box):

      (a)   FOR AN APPROVED TRAINING ORGANISATION (ATO) CERTIFICATE AND EXAMINING AUTHORITY

1. Certificate No.

Part 2 - 2. Name of Training Organisation

Part 3 - 3. Principal Business Office Address

Part 4 - 4. Location of Training Facility

6. Application is hereby made for:

6a.    Original Issuance of an ATO Certificate and Training Specifications for the training courses identified below (three copies of each course attached)

6b.    Renewal of ATO Certificate (expiring on _____________________) and Training Specifications for the training courses identified below (three copies of each additional course for which approval is requested attached)

6c.    Amendment of ATO Certificate and/or Training Specifications for the training courses identified below (three copies of each additional course for which approval is requested attached)

6d.    Examining authority for a flight crew curriculum

2a.    Private Pilot license course

2l.    Class rating course

2b.    Flight navigator license course

2m.    Instructor course for additional type or class rating

2c.    Instructor course for synthetic flight training

2n.    Instrument rating course

2d.    Air traffic controller license course

2o.    Airline transport pilot licence course

2e.    Flight operations officer course

2p.    Crew resource management course

2f.    Aeronautical station operator course

2q.    Flight engineer license course

2g.    Aviation maintenance technician licence course

2r.    Courses for ratings for air traffic controller licences

2h.    Airframe rating course

2s.    Refresher course

2i.    Powerplant rating course

2t.    Type rating course

2j.    Avionics rating course

2u.    Flight instructor course

2k.    Commercial pilot license course

2v    Examining authority

Section 3. Management Personnel:

3d.

3b.

3e.

3c.

3f.

Section 4. Maintenance of Training Aircraft:

4a.    Flight Training Organisation will maintain and inspect it's aircraft in accordance with Part 5

4b.    Flight Training Organisation will arrange for maintenance and inspection of it's aircraft

Section 5. Applicants Signature:

I hereby certify that the training organisation identified above meets the requirements for certification as an ATO ir accordance with Part 3 of the Model Civil Aviation Regulations (MCARs)

Name _____________________________

Title _____________________________

Signature __________________________

Date _____________________________

3a.

      (a)   APPLICATION FOR AN APPROVED TRAINING ORGANISATION (ATO)
CERTIFICATE AND EXAMINING AUTHORITY (page 2)

      (b)   ATTACHMENTS

   Schedule Of Events

   Procedures Manual

   Management Personnel Resumes

   Quality System Manual

   Instructors Qualifications

   Other Manuals

   Other Documentation

            (1) FOR CAA USE ONLY

   Training Manual

   Training Specifications

Approved, ATO Certificate Issued On (Date) _______________________________

Renewal Amendments (Attached) Disapproved

Name of Approving Official _____________________ Title _______________________

Signature ___________________________________ Date ______________________

         (2)

         (3)

FORM B

(reg7(2))

Approved Training Organisation Certificate

APPROVED TRAINING ORGANISATION CERTIFICATE ATO NO:

AVIATION TRAINING CENTRE

Pursuant to the Civil Aviation (Approved Training Organisations) Regulations, subject to the conditions specified below, the Civil Aviation Authority of Botswana hereby certifies

As an Approved Training Organisation with the privileges and the scope of activities as listed in the attached approval schedule.

CONDITIONS:

1.   This approval is limited to the conditions specified in the scope of approval section of the Training and Procedures manual.

2.   This approval requires compliance with the procedures specified in the Training and Procedures Manual.

3.   This approval is valid whilst the approved organisation remains in compliance with the applicable regulations and requirements.

4.   Subject to compliance with the forgoing conditions, this approval shall remain valid unless the approval has previously been surrendered, superseded, suspended or revoked.

Date of issue: Signature .........................................................................
Name:

Expiry Date: Title: Director of Flight Safety
For the Civil Aviation Authority of
Botswana

Approval Reference

Approval Schedule

TRAINING/COURSE(S) - APPROVAL SCHEDULE FOR APPROVED TRAINING ORGANISATIONS

Training/Course(s):

AIRCRAFT AND SIMULATORS FOR TRAINING

OPERATION LIMITATIONS

CONTINUED AIRWORTHINESS

   Maintaining Organisation:

   Approval Certificate:

This training/course(s) approval is valid when working in accordance with approved Training and Procedures Manual.

Date of issue: Signature .........................................................................
Name:

Expiry Date: Title: Director of Flight Safety
For the Civil Aviation Authority of
Botswana

SCHEDULE 2

(reg 14(2))

QUALITY SYSTEM

Approved Training Organisation - Quality System

   1. Interpretation

   In this Schedule -

   "quality" means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs;

   "quality assurance" means all those planned and systematic actions necessary to provide adequate confidence that all training activities satisfy given requirements, including the ones specified by the approved training organisation in relevant manuals;

   "quality manual" means the document containing the relevant information pertaining to the approved training organisation's quality system and quality assurance programme;

   "quality audit" means a systematic and independent examination to determine whether quality activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives; and

   "small approved training organisation" means an approved training organisation with capacity to train a maximum of 50 students.

   2. The quality system of an approved training organisation shall address the following five elements -

   (a)   determination of the organisation's training policy and training and flight safety standards;

   (b)   determination and establishment of assignment of responsibility, resources, organisation and operational processes, which will make allowance for policy and training and flight safety standards;

   (c)   follow up system to ensure that policy, training and flight safety standards are complied with;

   (d)   registration and documentation of deviations from policy, training and flight safety standards together with necessary analysis, evaluations and correction of such deviations; and

   (e)   evaluation of experiences and trends concerning policy, training and flight safety standards.

   3. Requirements for a Quality System

(1) Purpose of a Quality System

   The implementation and employment of a Quality System will enable the approved training organisation to monitor compliance with the relevant parts of the Procedures Manual and the Training Manual, and any other standards as established by the approved training organisation or the Authority, to ensure safe and efficient training.

(2) Quality Policy and Strategy -

   (a)   the approved training organisation shall describe how it formulates, deploys, and reviews its policies and strategies and turns them into plans and actions. A formal written quality policy statement shall be established as a commitment by the accountable manager as to what the quality system is intended to achieve. The quality policy shall reflect the achievement and continued compliance with relevant parts of the procedures manual and the training manual together with any additional standards specified by the approved training organisation or the authority; and

   (b)   The accountable manager will have overall responsibility for the quality system including the frequency, format and structure of the internal management evaluation activities.

(3) Quality System -

   (a)   the quality system of the approved training organisation shall ensure compliance with and the adequacy of training activities conducted;

   (b)   the approved training organisation will specify the basic structure of the quality system applicable to all training activities conducted;

   (c)   the quality system will be structured according to the size of the approved training organisation and the complexity of the training to be monitored; and

   (d)   the approved training organisation shall have a Safety Management System manual or a description of Safety Management System measures.

(4) Scope -

   A quality system will address the following -

   (a)   leadership;

   (b)   policy and strategy;

   (c)   processes;

   (d)   the relevant provisions of civil aviation (personnel licensing) regulations and these regulations;

   (e)   additional standards and training procedures as stated by the approved training organisation;

   (f)   the organisational structure of the approved training organisation;

   (g)   responsibility for the development, establishment and management of the quality system;

   (h)   documentation, including manuals, reports and records;

   (i)   quality assurance programme;

   (j)   the required financial, material and human resources;

   (k)   training requirements; and

   (l)   customer satisfaction.

(5) Feedback system

   The quality system will include a feedback system to ensure that corrective actions are both identified and promptly addressed. The feedback system also specifies who is required to rectify discrepancies and non-compliance in each particular case, and the procedure to be followed if corrective action is not completed within an appropriate timescale.

(6) Documentation -

   (a)   relevant documentation includes the relevant part(s) of the training and procedures manual, which may be included in a separate quality manual; and

   (b)   In addition, the relevant document also includes the following -

      (i)   quality policy,

      (ii)   terminology,

      (iii)   specified training standards,

      (iv)   a description of the organisation,

      (v)   the allocation of duties and responsibilities,

      (vi)   training procedures to ensure regulatory compliance, and

      (vii)   quality assurance programme.

(7) Quality Assurance Programme -

   (a)   the quality assurance programme includes all planned and systematic actions necessary to provide confidence that all training are conducted in accordance with all applicable requirements, standards and procedures;

   (b)   the quality assurance programme describes -

      (i)   schedule of the monitoring process,

      (ii)   audit procedures,

      (iii)   reporting procedures,

      (iv)   follow-up and corrective action procedures,

      (v)   recording system,

      (vi)   the training syllabus, and

      (vii)   document control;

   (c)   the quality assurance programme of the approved training organisation shall identify the persons within the approved training organisation who have the experience, responsibility and authority to -

      (i)   perform quality inspections and audits as part of ongoing quality assurance,

      (ii)   identify and record any concerns or findings, and the evidence necessary to substantiate such concerns or findings,

      (iii)   initiate or recommend solutions to concerns or findings through designated reporting channels,

      (iv)   verify the implementation of solutions within specific timescales, and

      (v)   report directly to the quality manager.

(8) Quality Inspections -

   (a)   the primary purpose of a quality inspection is to observe a particular event, action or document etc., in order to verify whether established training procedures and requirements are followed during the accomplishment of that event and whether the required standard is achieved; and

   (b)   typical subject areas for quality inspections are -

      (i)   all training courses covered under these regulations,

      (ii)   maintenance,

      (iii)   technical standards; and

      (iv)   training standards.

(9) Audits -

   (a)   an audit is a systematic, and independent comparison of the way in which a training is being conducted against the way in which the published training procedures say it should be conducted.

   (b)   An audit includes at least the following quality procedures and processes -

      (i)   an explanation of the scope of the audit,

      (ii)   planning and preparation,

      (iii)   gathering and recording evidence, and

      (iv)   analysis of the evidence.

   (c)   The various techniques that make up an effective audit are -

      (i)   interviews or discussions with personnel,

      (ii)   a review of published documents,

      (iii)   the examination of an adequate sample of records,

      (iv)   the witnessing of the activities which make up the training; and

      (v)   the preservation of documents and the recording of observations.

(10) Auditors -

   (a)   the approved training organisation must decide, depending on the complexity of the training, whether to make use of a dedicated audit team or a single auditor. In any event, the auditor or audit team shall have relevant training and/or operational experience.

   (b)   The responsibilities of the auditors will be clearly defined in the relevant documentation.

(11) Auditor's independence -

   (a)   auditors shall not have any day-to-day involvement in the area of the operation or maintenance activity which is to be audited. An approved training organisation may, in addition to using the services of full-time dedicated personnel belonging to a separate quality department, undertake the monitoring of specific areas or activities by the use of part-time auditors.

   (b)   An approved training organisation whose structure and size does not justify the establishment of full-time auditors may undertake the audit function by the use of part-time personnel from within its own organisation or from an external source under the terms of an agreement acceptable to the Authority.

   (c)   In all cases the approved training organisation will develop suitable procedures to ensure that persons directly responsible for the activities to be audited are not selected as part of the auditing team. Where external auditors are used, it is essential that any external specialist is familiar with the type of training conducted by the approved training organisation.

(12) Audit Scope -

   approved training organisations are required to monitor compliance with the Training and Procedures Manuals they have designed to ensure safe and efficient training. In doing so they should as a minimum, and where appropriate, monitor -

   (a)   organisation;

   (b)   plans and objectives;

   (c)   training procedures;

   (d)   flight safety;

   (e)   manuals, logs and records;

   (f)   flight and duty time limitations;

   (g)   rest requirements and scheduling;

   (h)   aircraft maintenance and operations interface;

   (i)   maintenance programmes and continued airworthiness; and

   (j)   maintenance accomplishment.

(13) Monitoring and corrective action -

   (a)   the primary aim of monitoring within the quality system is to investigate and judge its effectiveness, thereby ensuring that defined policies and training standards are complied with continuously. Monitoring activity is based upon quality inspections, audits, corrective action and follow-up. The approved training organisation shall establish and publish a quality procedure to monitor regulatory compliance on a continuing basis. The objective of this monitoring activity is eliminating the causes of unsatisfactory performance.

   (b)   Any non-compliance identified shall be communicated to the manager responsible for taking corrective action or, if appropriate, the accountable manager such non-compliance shall be documented to support further investigation, to determine the cause, and to enable the development of recommendations of appropriate corrective actions.

   (c)   The quality assurance programme shall include procedures to ensure that corrective actions are developed in response to findings. This quality procedures will allow for the monitoring of corrective actions to verify their effectiveness and that they have been completed. Organisational responsibility and accountability for the implementation of corrective action resides with the department cited in the report identifying the finding. The accountable manager will have the ultimate responsibility for ensuring, through the quality manager, that corrective action has re-established, compliance with the standard required by the authority and any additional requirements established by the approved training organisation.

(14) Corrective action -

   (a)   subsequent to the quality inspection or audit, the approved training organisation shall determine -

      (i)   the seriousness of any findings and any need for immediate corrective action,

      (ii)   the origin of the finding,

      (iii)   what corrective actions are required to ensure that the non-compliance does not recur,

      (iv)   a schedule for corrective action,

      (v)   the identification of individuals or departments responsible for implementing corrective action; and

      (vi)   allocation of resources by the accountable manager, where appropriate.

   (b)   The quality manager will -

      (i)   verify that corrective action is taken by the manager responsible in response to any finding of non-compliance,

      (ii)   verify that corrective action includes the elements outlined in paragraph (16) below,

      (iii)   monitor the implementation and completion of corrective action,

      (iv)   provide management with an independent assessment of corrective action, implementation and completion; and

      (v)   evaluate the effectiveness of corrective action through the follow-up process.

(15)   Management Evaluation -

   (a)   a management evaluation is a comprehensive, systematic documented review by the management of the quality system, training policies, and procedures,

   (b)   a management evaluation considers the results of quality inspections, audits and any other relevant indicators, as well as the overall effectiveness of the management organisation in achieving stated objectives. A management evaluation also identifies and corrects trends, and prevents, where possible, future non-conformities. Conclusions and recommendations made as a result of an evaluation should be submitted, in writing, to the responsible manager for action, and

   (c)   the responsible manager is an individual who has the authority to resolve issues and take action. The accountable manager will decide upon the frequency, format, and structure of internal management evaluation activities.

(16)   Recording -

   (a)   accurate, complete and readily accessible records documenting the result of the quality assurance programme are to be maintained by the approved training organisation. Records are essential to enabling an approved training organisation to analyse and determine the root causes of non-conformity, so that areas of non- compliance are identified and subsequently addressed.

   (b)   The following records are to be retained for a period of five years -

      (i)   audit schedules,

      (ii)   quality inspection and audit reports,

      (iii)   responses to findings,

      (iv)   corrective action reports,

      (v)   follow-up and closure reports; and

      (vi)   management evaluation reports.

(17)   Quality Assurance Responsibility For Satellite Approved Training Organisations-

   The approved training organisation will ensure that the satellite approved training organisation has the necessary authorisations or approvals, and commands the necessary resources and competence to undertake the tasks. If the approved training organisation requires the satellite approved training organisation to conduct activity which exceeds the satellite approved training organisation's authorisation or approval, the approved training organisation is responsible for ensuring that the satellite approved training organisation's quality assurance takes account of such additional requirements.

(18)   Quality System Training -

   (a)   correct and thorough training is essential to optimise quality in every organisation, in order to achieve significant outcomes of such training, the approved training organisation will ensure that its staff understands the objectives as laid down in the quality manual.

   (b)   Those responsible for managing the quality system are to receive training covering -

      (i)   an introduction to the concept of quality system,

      (ii)   quality management,

      (iii)   concept of quality assurance,

      (iv)   quality manuals,

      (v)   audit techniques,

      (vi)   reporting and recording; and

      (vii)    the way in which the quality system will function in the approved training organisation.

   (c)   Time must be provided to train every individual involved in quality management and for briefing the remainder of the employees. The allocation of time and resources is to be governed by the size and complexity of the operation concerned.

   (d)   Sources of training -

      Quality management courses are available from the various national or international institutions, and an approved training organisation may consider whether to rely on such institutions in training those personnel likely to be involved in the management of Quality Systems. Organisations with sufficient, appropriately-qualified staff may consider whether to carry out in-house training.

(19) Quality Systems for small approved training organisation -

   (a)   the requirement to establish and document a quality system, and to employ a quality manager applies to all approved training organisations;

   (b)   complex quality systems may be inappropriate for small approved training organisations and the clerical effort required to draw up manuals and quality procedures for a complex system may stretch their resources. An approved training organisation will tailor its quality system to suit the size and complexity of its training and allocate resources accordingly;

   (c)   small approved training organisations may develop a quality assurance programme that employs a checklist, the checklist must have a supporting schedule that requires completion of all checklist items within a specified timescale, together with a statement acknowledging completion of a periodic review by top management. an occasional independent overview of the checklist contents and achievement of the quality assurance should be undertaken;

   (d)   the small approved training organisation may decide to use internal or external auditors or a combination of the two, in these circumstances, external specialists and or qualified organisations may perform the quality audits on behalf of the quality manager;

   (e)   if the independent quality audit function is conducted by external auditors, the audit schedule will be described in the relevant documentation; and

   (f)   whatever arrangements are made, the main approved training organisation retains the ultimate responsibility for the quality system and especially the completion and follow-up of corrective actions.

SCHEDULE 3

APPROVED TRAINING ORGANISATION PERSONNEL RESPONSIBILITIES AND QUALIFICATIONS

(reg 19(1) (f) 19(3))

PART A - GENERAL- FOR ALL APPROVED TRAINING ORGANISATIONS

1.   Accountable manager -

   (a)   the accountable manager -

      (i)   is the chief executive and corporate authority for ensuring that all training commitments are financed and carried out to the standard required by the authority and any additional requirements defined by the aviation training organisation, and

      (ii)   may delegate in writing to another person within the organisation, the day- to-day management but not the overall approval management responsibility.

   (b)   The accountable manager shall possess the following qualifications -

      (i)   a background in the management of training organisations,

      (ii)   knowledge of the civil aviation (approved training organisation) regulations and the regulations and other materials published by the authority that are applicable to the courses taught by the approved training organisation; and

      (iii)   a thorough understanding of the organisation and training program of the approved training organisation.

2.   Quality manager -

   (a)   the quality manager shall -

      (i)   have the primary role to verify, by monitoring activities in the field of training, that the standards required by the authority, and any additional requirements as established by the approved training organisation are being carried out properly,

      (ii)   be responsible for ensuring that the quality assurance programme is properly implemented, maintained and continuously reviewed and improved,

      (iii)   have direct access to all parts of the approved training organisation's organisation; and

      (iv)   in the case of small approved training organisation's, the posts of the head of training and the quality manager may be combined.

   (b)   In the case that the posts of the head of training and the quality manager are combined the quality audits shall be conducted by an independent personnel.

   (c)   The minimum qualifications for quality manager are -

      (i)   a technically qualified person in at one field of training to be conducted,

      (ii)   at least three years experience in the training to be conducted,

      (iii)   must have successfully completed a training in quality management recognised by the authority.

3. Safety Manager -

   (a)   The Safety Manager shall -

      (i)   have the primary role to verify, by monitoring activities in the field of training, that the standards required by the authority, and any additional requirements as established by the approved training organisation are being carried out properly,

      (ii)   be responsible for ensuring that the safety assurance programme is properly implemented, maintained and continuously reviewed and improved,

      (iii)   have direct access to all parts of the approved training organisations.

   (b)   The minimum qualifications for the Safety Manager shall include -

      (i)   broad operational knowledge and experience in the function of the organisation,

      (ii)   sound knowledge of safety management principles and practices; and

      (iii)   ability to relate to all levels both inside and outside the organisation.

PART B - FLIGHT CREW TRAINING

1.   Head of Training

   The Head of Training shall have -

   (a)   overall responsibility for ensuring satisfactory integration of flying training, synthetic flight training and theoretical knowledge instruction and for supervising the progress of individual students; and

   (b)   had extensive experience in training as a flight instructor for professional pilot licences and possess a sound managerial capability; and

   (c)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people.

2.   Chief Flight Instructor

   The Chief Flight Instructor shall -

   (a)   be responsible for the supervision of flight and synthetic flight instructors and for the standardisation of all flight instruction and synthetic flight instruction;

   (b)   hold the highest professional pilot licence related to the flying training courses conducted;

   (c)   hold the ratings related to the flying training courses conducted;

   (d)   hold a flight instructor rating for at least one of the types of aircraft used on the course; and

   (e)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people.

3.   Flight and Synthetic Flight Instructors

   (a)   The Flight instructor shall hold -

      (i)   a professional pilot licence and ratings related to the flying training courses conducted,

      (ii)   a flight instructor rating on the types of aircraft used on the course; and

      (iii)   an instrument rating instructor endorsement if he or she is to conduct instrument rating training.

   (b)   A synthetic flight instructor shall -

      (i)   be a holder or have held a professional pilot licence; and

      (ii)   possess an authorisation from the Authority.

4.   Chief Ground Instructor

   The Chief Ground Instructor shall -

   (a)   be responsible for the supervision of ground instructors and for the standardisation of all ground instruction;

   (b)   hold a Ground Instructor's licence in the field he or she is to give instructions;

   (c)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other peopl;, and

   (d)   have received training in the teaching and instructional techniques.

5.   Ground instructors

   A Ground Instructor shall -

   (a)   hold a Ground Instructor's licence in the field he or she is to give instructions;

   (b)   have good interpersonal and communication skills;

   (c)   be technically competent and a person of integrity; and

   (d)   have received training in the teaching and instructional techniques.

6. Flight engineer Instructors

   A Flight Engineer Instructor shall -

   (a)   hold a flight engineer licence and ratings related to the training courses to be conducted;

   (b)   hold an authorisation from the Authority on the course to be conducted; and

   (c)   hold an authorisation in accordance with the Civil Aviation (Personnel Licensing) Regulations if he or she is to conduct training in synthetic flight trainer.

PART C - AIRCRAFT MAINTENANCE ENGINEERING TRAINING

1. Head of Training

   The Head of Training shall have -

   (a)   overall responsibility for ensuring satisfactory integration of engineering training, that includes practical and theoretical knowledge instruction and for supervising the progress of individual students;

   (b)   or had an aircraft maintenance engineer licence and extensive experience in training aircraft maintenance engineers and possess a sound managerial capability; and

   (c)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people.

2.   Chief Aircraft Maintenance Engineering Instructor

   The Chief Aircraft Maintenance Engineering Instructor shall -

   (a)   be responsible for the supervision of instructions and for the standardisation of all engineering instructions;

   (b)   hold an aircraft maintenance engineer licence with ratings related to the courses to be conducted;

   (c)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; and

   (d)   have received training in the teaching and instructional techniques.

3.   Aircraft Maintenance Engineering Instructor An Aircraft Maintenance Engineering Instructor shall -

   (a)   hold an aircraft maintenance engineer licence with ratings related to the courses to be conducted; and

   (b)   have received training in the teaching and instructional techniques.

PART D - AIR TRAFFIC CONTROL TRAINING

1.   Head of Training

   The Head of Training shall have -

   (a)   overall responsibility for ensuring satisfactory integration of air traffic services training in both, theoretical and simulator training, and for supervising the progress of individual students;

   (b)   had extensive experience in training techniques and managerial capability; and

   (c)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people.

2.   Air Traffic Control Chief Instructor

   The Air Traffic Control Chief Instructor shall -

   (a)   have had extensive experience in training techniques in the field of air traffic control;

   (b)   be responsible for the supervision of the instructors and for the standardisation of all theoretical and simulator instructions;

   (c)   hold all the air traffic control ratings related to the air traffic control courses conducted;

   (d)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; and

   (e)   have received training in the teaching and instructional techniques.

3. Air Traffic Control Instructor

   An Air Traffic Control Instructor shall -

   (a)   hold an air traffic control licence with ratings related to the air traffic control courses to be conducted; and

   (b)   have received training in the teaching and instructional techniques

PART E - FLIGHT OPERATIONS OFFICER TRAINING

1.   Head of Training

   The Head of Training shall -

   (a)   have overall responsibility for ensuring satisfactory integration of Flight Operations training in both, theoretical and practical training, and for supervising the progress of individual students; and

   (b)   had extensive experience in training techniques and managerial capability; and

   (c)   must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people.

2.   Flight Operations Chief Instructor

   The Chief Instructor shall -

   (a)   hold or held a Flight Operations Officer's Licence; or

   (b)   possess experience and training requirements for Flight Operations Officer licence as prescribed in the Civil Aviation (Personnel Licensing) Regulations;

   (c)   be responsible for the supervision of all instructors and for the standardisation of all the instruction;

   (d)   have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; and

   (e)   have received training in the teaching and instructional techniques.

3.   Flight Operations Instructor

   The Flight operations Instructor shall -

   (a)   hold a Flight Operations Officer's Licence; or

   (b)   possess experience and training requirements for Flight Operations Officer licence as prescribed in the Civil Aviation (Personnel Licensing) Regulations;

and have received training in the teaching and instructional techniques.

SCHEDULE 4

(reg 18(1))

APPROVED TRAINING ORGANISATION TRAINING MANUAL AND PROCEDURES MANUAL CONTENTS

A. TRAINING MANUAL

1.   General

   The Training Manual for approved training courses shall include the following -

   (a)   a list and description of all volumes in the training manual;

   (b)   a list of effective pages and revision pages;

   (c)   corporate commitment statement;

   (d)   a list of management staff;

   (e)   responsibilities and qualifications of management staff;

   (f)   organisation chart;

   (g)   description of facilities, equipment and data;

   (h)   type of approved training courses and the capability lists;

   (i)   amendment of training manual;

   (j)   number of instructors; and

   (k)   notification procedure to Authority.

2.   Pilot Training

   The Training Manual for use at an approved training organisation conducting approved training courses for pilots shall include the following -

   (a)   The Training Plan -

      (i)   aim of the course -

         a statement of what the student is expected to do as a result of the training, the level of performance, and the training constraints to be observed;

      (ii)   pre-entry requirements -

         minimum age, educational requirements including language, and medical requirements;

      (iii)   credits for previous experience -

         to be obtained from the authority before training begins;

      (iv)   training curricula -

         the single engine flying curriculum, the multi-engine flying curriculum, the synthetic flight training curriculum and the theoretical knowledge training curriculum;

      (v)   the time scale and scale in weeks, for each curriculum arrangements of the course and the integration of curricula time;

      (vi)   training program -

         the general arrangements of daily and weekly programs for flying, ground and synthetic flight training; bad weather constraints, program constraints in terms of maximum student training times (flying, theoretical knowledge, synthetic) e.g. per day or week or month, restrictions in respect of duty periods for students, duration of dual and solo flights at various stages, maximum flying hours in any day or night, maximum number of training flights in any day or night and minimum rest period between duty period for students;

      (vii)   training records -

         rules for security of records and documents, attendance records, the form of training records to be kept, persons responsible for checking records and students' log books, the nature and frequency of records checks, standardisation of entries in training records and rules concerning log book entries;

      (viii)   safety training -

         individual responsibilities, essential exercises, frequency of emergency drills, frequency of dual checks at various stages and requirement before first solo day or night or navigation;

      (ix)   checks and tests -

         flying-progress checks and skill tests, knowledge: progress tests and knowledge tests, authorisation for test. rules concerning refresher training before retest, test reports and records, procedures for test paper preparation, type of question and assessment, standard required for 'pass', procedure for question analysis and review and for raising replacement papers, test resit procedures;

      (x)   training effectiveness -

         individual responsibilities; general assessment, liaison between departments, identification of unsatisfactory progress individual students, actions to correct unsatisfactory progress, procedure for changing instructors, maximum number of instructor changes per student; internal feedback system for detecting training deficiencies, procedure for suspending a student from training; discipline and reporting and documentation;

      (xi)   standards and level of performance at various stages -

         individual responsibilities, standardisation, standardisation requirements and procedures, application of test criteria.

   (b)   Briefing and air exercises -

      (i)   air exercise -

         a detailed statement of the content specification of all the air exercises to be taught, arranged in the sequence to be flown with main and sub-titles;

      (ii)   air exercise reference list -

         an abbreviated list of the exercises referred to paragraph (i) giving only main and sub-titles for quick reference, and preferably in flip-card form to facilitate daily use by instructors;

      (iii)   course structure - phase of training -

         a statement of how the course will be divided into phases, indication of how the air exercises referred to in paragraph (ii) will be divided between the phases and how they will be arranged to ensure that they are completed in the most suitable learning sequence and that essential emergency exercises are repeated at the correct frequency, also, the curriculum hours for each phase and for groups of exercises within each phase shall be stated and when progress tests are to be conducted, etc.

      (iv)   course structure integration of curricula -

         the manner in which theoretical knowledge, synthetic flight training and flying training will be integrated so that as the flying training exercises are carried out students will be able to apply the knowledge gained from the associated theoretical knowledge instruction and synthetic flight training;

      (v)   student progress -

         the requirement for student progress including a brief but specific statement of what a student is expected to be able to do and the standard of proficiency the student must achieve before progressing from one phase of air exercise training to the next. include minimum experience requirements in terms of hours, satisfactory exercise completion, as necessary before significant exercises, such as night flying;

      (vi)   instructional methods -

         the requirements, particularly in respect of pre and post -

         flying briefing, adherence to curricula and training specifications and authorisation of solo flights;

      (vii)   progress tests -

         the instructions given to examining staff in respect of the conduct and document of all progress tests;

      (viii)   glossary of terms -

         definition of significant terms as necessary;

      (ix)   appendices - samples of -

         progress report forms, progress test report forms, skill test report forms, certificates of experience, competence, etc. as required, issued by an approved training organisation.

   (c)   Synthetic flight training - structure generally as in (b).

   (d)   Knowledge instruction - structure generally as in (b) with a training specification and objectives for each subject. Individual lesson plans to include mention of the specific training aids available for use.

3. Training Other than for Pilots -

   The Training Manual for use by an approved training organisation conducting approved training courses other than pilots training shall include the following -

   (a)   the course plan -

      (i)   the objectives and learning outcomes,

      (ii)   pre-entry requirements- minimum age, educational requirements including language, and medical requirements as applicable for training sought,

      (iii)   a list showing each subject and the topics covered in the subject,

      (iv)   a description of the examination or assessment methods and the examination or assessment criteria,

      (v)   a description of -

         (a)   methods in which training is conducted (for example-lecture, computer- based training, simulators or practical training), and

         (b)   available equipment and data necessary for training.

      (vi)   a description of the facilities including classroom, laboratory and workshop necessary to deliver the training,

      (vii)   a list showing the prerequisites, if any, for each subject,

      (viii)   credits for previous experience to be obtained from the authority before training begins,

      (ix)   a statement showing the number of hours of training that are necessary for each topic and for the whole course,

      (x)   the minimum and maximum student attendance requirements for each subject and description of the way in which students' attendance is checked and recorded,

      (xi)   for each subject, a copy of -

         (a)   the course notes that are to be given to student; and

         (b)   any examination paper or examinations question bank that is to be used

      (xii)   a list showing the units of competency that must be completed for each course.

   (b)   Training -

      (i)   organisation of courses and course schedules,

      (ii)   preparation of courses material,

      (iii)   preparation of classroom equipment,

      (iv)   preparation of workshops, simulation media and equipment,

      (v)   method of conducting knowledge and practical training,

      (vi)   retention of records of training conducted,

      (vii)   rules for security of records and documents; attendance records; the form of training records to be kept; persons responsible for checking records and students' log books; the nature and frequency of records checks; and standardisation of entries in training records,

      (viii)   use of locations other than location for which the approved training organisation is approved,

      (ix)   conduct of basic practical training.

   (c)   Examinations -

      (i)   organisation and conduct of examinations,

      (ii)   security of examination materials,

      (iii)   preparation of examination rooms,

      (iv)   marking and record of examinations,

      (v)   storage and retention of examination records,

      (vi)   examination or assessment at satellite locations,

      (vii)   preparation, control and issue of training course records,

      (viii)   storage of course material and equipment; and

      (ix)   prevention, investigation and reporting of examination or assessment misconduct.

   (d)   Certification -

      (i)   course transcript; and

      (ii)   certificates.

B. PROCEDURES MANUAL

The Procedures Manual for approved training courses shall include the following -

1.   General -

   (a)   a list and description of all volumes in the procedure manual;

   (b)   a list of effective pages and revision pages;

   (c)   corporate commitment statement;

   (d)   a list of management staff;

   (e)   responsibilities and qualifications of management staff;

   (f)   organisation chart;

   (g)   description of facilities, equipment and data;

   (h)   type of approved training courses and the capability lists;

   (i)   amendment of procedures manual and training manual;

   (j)   number of instructors; and

   (k)   notification procedure to Authority.

2.   Pilot Training -

   (a)   a list and description of all volumes in the procedures manual;

      (i)   administration (function and management),

      (ii)   schedules of responsibilities for all management and administrative staff,

      (iii)   student discipline and disciplinary action,

      (iv)   approval/authorisation of flights,

      (v)   preparation of flying programme (restriction of numbers of aircraft in poor weather),

      (vi)   control of training aircraft,

      (vii)   responsibilities of pilot-in-command,

      (viii)   carriage of passengers,

      (ix)   aircraft documentation,

      (x)   retention of documents,

      (xi)   flight crew qualification records,,

      (xii)   renewal of licences and medical certificates,

      (xiii)   flying duty period and flight time limitations for flying instructors,

      (xiv)   flying duty period and flight time limitations for students,

      (xv)   rest periods for flying instructors,

      (xvi)   rest periods for students,

      (xvii)   pilots' log books,

      (xviii)   flight planning; and

      (xix)   safety covering general-equipment, radio listening watch, hazards, accidents and incidents (including reports) and safety pilots.

   (b)   Technical -

      (i)   aircraft descriptive notes,

      (ii)   aircraft handling (including checklists, limitations, aircraft maintenance and technical logs, in accordance with relevant requirements, etc.),

      (iii)   emergency procedures,

      (iv)   radio and radio navigation aids,

      (v)   minimum equipment list; and

      (vi)   configuration deviation list.

   (c)   Route -

      (i)   performance (legislation, take-off, route, landing, etc.),

      (ii)   flight planning (fuel, oil, minimum safe altitude, navigation equipment, etc.),

      (iii)   loading (loadsheets, mass, balance, limitations),

      (iv)   weather minima (flying instructors),

      (v)   weather minima (students at various stages of training); and

      (vi)   training routes/areas.

   (d)   Staff training -

      (i)   appointments of persons responsible for standards or competence of flying staff,

      (ii)   initial training,

      (iii)   refresher training,

      (iv)   standardisation training,

      (v)   proficiency checks,

      (vi)   upgrading training; and

      (vii)   staff standards evaluation.

   (e)   Quality management system -

      (i)   the procedure for quality control of training,

      (ii)   the procedures used to audit examination and competency assessment system,

      (iii)   the procedures used to analyse the results of any examination or assessment,

      (iv)   the procedures used to rectify deficiencies identified by analysis in in subparagraph (iii),

      (v)   the procedure used for conducting periodic reviews including information on review timetable,

      (vi)   the procedure for maintenance of instructors' skills and qualifications,

      (vii)   the procedure used for recording instructors' qualification; and

      (viii)   the procedures to assess compliance and adequacy of the procedures.

3. Training other than for pilots -

   (a)   training and examination procedures -

      (i)   courses organisation procedures,

      (ii)   the procedures used to develop or acquire documents for training and examinations,

      (iii)   the procedures used to prepare and use of equipment for theory and basic practical training,

      (iv)   the procedures for conducting knowledge and practical training,

      (v)   training record storage and retention procedures,

      (vi)   procedures for conducting examinations and practical skill assessments,

      (vii)   procedures for marking of examinations and recording the results,

      (viii)   procedures for storage of examination records,

      (ix)   the procedures for storage of course material and equipment used for instruction; and

      (x)   procedures to prevent, investigate and report to authority any examination or assessment misconduct.

   (b)   Quality management system -

      (i)   the procedure for quality control of training,

      (ii)   the procedures used to audit examination and competency assessment system,

      (iii)   the procedures used to analyse the results of any examination or assessment,

      (iv)   the procedures used to rectify deficiencies identified by analysis in sub- paragraph (iii),

      (v)   the procedure used for conducting periodic reviews including information on review timetable,

      (vi)   the procedure for maintenance of instructors' skills and qualifications,

      (vii)   the procedure used for recording instructors' qualification; and

      (viii)   the procedures to assess compliance and adequacy of the procedures.

   (c)   Appendices -

      (i)   samples of documents and forms used; and

      (ii)   syllabus of each training course.

   (d)   Staff training -

      (i)   appointments of persons responsible for standards or competence of training staff,

      (ii)   initial training,

      (iii)   refresher training,

      (iv)   standardisation training,

      (v)   proficiency checks,

      (vi)   upgrading training; and

      (vii)   staff standards evaluation.

SCHEDULE 5

FEES

REGULATION

FEE P

Regulation 5(3)

Application for approved training organisation certificate

5 000

Regulation 7(2)

Issuance of training organisation certificate

600

Exceeding 5 700kg

150

Not exceeding 5 700kg

100

Regulation 10(2)

Renewal of approved training organisation certificate

600

Regulation 28(1)

Examining fee

5 000

Regulation 43(4)

Exemption fee

3 000

Regulation 47

Variation of certificate

Exceeding 5 700kg

500

Not exceeding 5 700kg

300

Regulation 47

Issuance of duplicate

300

Regulation 47

Validation

3 000

Regulation 47

Inspection

500

CIVIL AVIATION (LICENSING OF AIR SERVICES) REGULATIONS

(section 89)

(27th July, 2012)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Interpretation

   3.   Public interest

PART II
Licensing of Air Services

   4.   Air service licence or permit

   5.   Prohibition of sale of air service

   6.   Application to Authority for air service licence, etc.

   7.   Advertisement of air service

   8.   Provision of aircraft or flight crew by lease

   9.   Approval of lease by Authority

PART III
General Provisions Relating to Licences

   10.   Application for licence

   11.   Licence fees

   12.   Financial fitness

   13.   Confidential information

   14.   Director's integrity

   15.   Issue of licence

   16.   Conditions of licence

   17.   Duration of licence

   18.   Variation of licence

   19.   Licence not transferable

   20.   Renewal of licence

   21.   Display of licence

   22.   Records of applications and licences

   23.   Suspension of licence

   24.   Revocation of licence

   25.   Reinstatement of licence

   26.   Surrender of licence

   27.   Duplicate licence

   28.   Notification of operational and organisational changes

   29.   Change of address of licensee

   30.   Appointment and notification of agent

   31.   Tariffs for air transport services

PART IV
Categories of Air Service Licences, Operating Authorities and Permits

   32.   Licences for air services

   33.   Eligibility for air transport service licence

   34.   Issue of air transport service licence

   35.   Aerial work licence

   36.   Aerial work permit

   37.   Non-scheduled domestic air transport service permit

   38.   Non-scheduled international air transport service permit

   39.   Flight training service licence

   40.   Eligibility for scheduled international air transport service operating authority

   41.   Issue of international air transport service operating authority

   42.   Licence conditions of international air transport service licence

   43.   Additional conditions for scheduled and non-scheduled international air transport service licence

   44.   Operation of service subject to schedule

   45.   Operating without air operator certificate or relevant certificate

PART V
Scheduled Air Transport Service

   46.   Conditions of tariff and of carriage

   47.   Electronic publication of tariff

   48.   Advertisement of terms and conditions of carriage

   49.   Publication of fares, rates, charges, etc

   50.   Conditions of compensation

   51.   Copy of tariff on payment of fee

   52.   Flight schedules

   53.   Electronic publication of flight schedule

   54.   Notice of discontinuance or reduction of services

   55.   Notice period

   56.   Shorter notice period

   57.   Complaints on non-compliance

   58.   Check-in baggage

PART VI
General Provisions Relating to Air Services

   59.   Returns

   60.   Passenger list

   61.   Display of terms and conditions of carriage

   62.   Unreasonable or discriminatory terms and conditions

   63.   Documents of carriage for passengers

   64.   Carriage of cargo

   65.   Copies of documents of carriage

   66.   Passenger rights

   67.   Insurance

   68.   Insurance of third party

   69.   Exclusion or waiver of insurance

   70.   Notification by licensee

PART VII
Miscellaneous provisions

   71.   Inquiry into licensing matters

   72.   Disclosure of information

   73.   Powers of air transport officer to secure compliance

   74.   Power of inspection

   75.   Appeals

   76.   Offences

   77.   Evidence

   78.   Savings

   79.   Transitional provisions

      SCHEDULES

S.I. 64, 2012.

PART I
Preliminary (regs 1-3)

1.   Citation

   These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations.

2.   Interpretation

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

   "accommodation" means sleeping facilities that are provided on a commercial basis to the general public;

   "advance booking charter" means a round trip passenger flight, which originates from Botswana and is operated according to the conditions of a contract entered into between an air transportation service provider and one or more charterers; and requires the charterer to charter the entire passenger seating capacity of an aircraft for resale by the charterer to the public, at a price per seat, not later than a specified number of days prior to the date of departure of the flight from Botswana;

   "aerial work operator certificate" means a certificate issued under the Civil Aviation (Aerial Work) Regulations;

   "air carrier" means an enterprise that engages in the provision of air transport services;

   "air operator certificate" means a certificate issued under the Civil Aviation (Air Operator Certification and Administration) Regulations;

   "approved training organisation certificate" means a certificate issued under the Civil Aviation (Approved Training Organisations) Regulations;

   "baggage" means the personal property of passengers or crew carried on an aircraft by agreement with the operator;

   "basic fare" means-

   (a)   a fare in the form of a tariff issued by a holder of a licence for a scheduled air transport service that has no restrictions, and is the lowest amount to be paid for a one-way air transportation by a passenger carrying reasonable baggage between two points; or

   (b)   where the licensee has more than one such fare between two points, dependent on the time of day or day of the week of travel, or both, the highest of those fares;

   "business office", with respect to a licensee, includes any place in Botswana where the licensee receives goods for transportation or offers passenger tickets for sale, but does not include an office of a travel agent;

   "city-pair market" means the air route linking two cities;

   "corporation" has the same meaning assigned to it under the Companies Act;

   "domestic air transport service" means-

   (a)   an air transport service operated entirely within the airspace over the territory of Botswana, either between points in Botswana or from and to the same point in Botswana; or

   (b)   an air service that passes through the airspace over the territory of another State without providing an air service in the territory of that other State, but the route or journey started and ended within the territory of Botswana;

   "inclusive tour" means a round or circle trip performed in whole or in part by an aircraft for an inclusive tour price for the period from the time of departure by the participants, from the starting point of the journey to the time of their return to that point, and that includes accommodation;

   "inclusive tour charter" means a passenger flight operated according to the conditions of a contract entered into between an air carrier and one or more tour operators that requires the tour operator to charter the entire passenger seating capacity of an aircraft for resale by the tour operator to the public at an inclusive tour price per seat;

   "international air transport service" means an air transport service operated between a point in the territory or airspace of one State and a point in the territory or airspace of another State;

   "licence" means a licence issued by the Authority under these Regulations; and, unless the context otherwise requires, any reference to a licence includes a scheduled international air transport service operating authority;

   "licensee" means the holder of a licence issued under these Regulations;

   "non-scheduled air transport service" means an air transport service that is not a scheduled air transport service;

   "non-scheduled domestic air transport service licence" means a licence which authorises the licensee to provide a non-scheduled domestic air transport service, issued under regulation 34;

   "non-scheduled domestic air transport service" means a domestic air transport service that is a non-scheduled air transport service;

   "non-scheduled international air transport service licence" means a licence which authorises the licensee to provide a non-scheduled international air transport service, issued under regulation 34;

   "non-scheduled international air transport service" means an international air transport service that is a non-scheduled air transport service;

   "partnership" has the same meaning assigned to it under the Companies Act;

   "permit" means a permit issued by the Authority under these Regulations;

   "scheduled air transport service" means a public air transport service operated on a regular basis according to a published schedule;

   "scheduled domestic air transport service licence" means a licence which authorises the licensee to provide a scheduled domestic air transport service, issued under regulation 34;

   "scheduled domestic air transport service" means a domestic air transport

   service that is a scheduled air transport service;

   "scheduled international air transport service licence" means a licence which authorises the licensee to provide a scheduled international air transport service, issued under regulation 34;

   "scheduled international air transport service" means a public international air transport service operated on a regular basis according to a published schedule;

   "scheduled international air transport service operating authority" means the document issued to a foreign air transport service provider, which authorises the holder to provide a scheduled international air transport service which it has been designated to, through the provisions of an international air transport service agreement to which Botswana is a party, and is issued under regulation 41;

   "SDR" means a Special Drawing Right, which is the international currency unit defined by the International Monetary Fund;

   "seat" means any area in an aircraft designed to be occupied by a passenger, other than the area occupied by the baggage of such passenger; and

   "tariff" means a schedule of fares, rates, charges and terms and conditions of carriage applicable to the provision of an air service and other incidental services.

   (2) For the purposes of these Regulations-

   (a)   one corporation is affiliated with another corporation if-

      (i)   one of them is a subsidiary of the other,

      (ii)   both are subsidiaries of the same corporation, or

      (iii)   both are controlled by the same person;

   (b)   if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other;

   (c)   a corporation is a subsidiary of another corporation if it is controlled by that other corporation or by a subsidiary of that other corporation;

   (d)   a corporation is controlled by a person other than the Government if securities of the corporation to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;

   (e)   a corporation is controlled by the Government if-

      (i)   the corporation is controlled by the Government in the manner described in paragraph (d), or

      (ii)   in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by the Government, or by a Minister on behalf of the Government; and

   (f)   a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than 50 per cent of the profits of the partnership or more than 50 per cent of the partnership's assets on dissolution.

3.   Public interest

   The Minister may prohibit the provision of an air service or discontinue an air service if, in the opinion of the Minister, it is in the public interest to do so.

PART II
Licensing of Air Services (regs 4-9)

4.   Air service licence or permit

   (1) A person who wishes to operate an air service within, into or out of Botswana shall apply for a licence or permit in terms of regulation 6.

   (2) The provisions of subregulation (1) shall not apply to a person who-

   (a)   operates an aircraft through the airspace of Botswana without landing, or where the aircraft lands-

      (i)   solely for technical purposes without taking on or discharging passengers, mail or other cargo, or

      (ii)   by reason of an emergency; or

   (b)   operates an aircraft for the carriage of passengers, mail or other cargo-

      (i)   where the carriage is incidental to the conduct of a commercial undertaking other than the provision of an air service, and

      (ii)   solely for the purpose of transporting persons who are in the employment of that person, at no cost to those persons, or goods and mail relating to the conduct of that commercial undertaking.

   (3) Notwithstanding the provisions of subregulation (2), a person who does not hold a licence or permit, but intends to land an aircraft in Botswana-

   (a)   for technical purposes, shall, prior to landing, give notice to the Authority and obtain a permit for that purpose from the Authority; or

   (b)   in the case of an emergency, shall, prior to landing, seek air traffic control clearance from the Authority.

   (4) A person who operates an air service without a licence or permit commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

5.   Prohibition of sale of air service

   (1) A person shall not sell, cause to be sold or offer for sale in Botswana an air service unless that person holds a valid licence or permit in respect of that service.

   (2) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P3 000 000, or to imprisonment for a term not exceeding five years, or to both.

6.   Application to Authority for air service licence, etc.

   (1) A person who-

   (a)   intends to provide an air service;

   (b)   intends to continue with an air service for which the licence or permit is due to expire;

   (c)   wishes to vary the terms or conditions specified on a current licence or permit;

   (d)   wishes to be exempted by the Authority from the requirement to comply with any provision of these Regulations; or

   (e)   intends to act on behalf of any of the persons in paragraphs (a) to (d), shall apply to the Authority.

   (2) An applicant under subregulation (1) shall submit to the Authority, an application accompanied by the required information, to satisfy the Authority that the requirements for issuing the licence or permit have been met.

   (3) Where the application fails to meet the requirements, the Authority may reject the application.

   (4) In the review and assessment of an application, the Authority may, for purposes of arriving at a decision-

   (a)   rely on the information provided by the applicant;

   (b)   consider other information available to it from other sources, including but not limited to any information filed with the Authority by the applicant at an earlier time; or

   (c)   require the applicant to provide additional information to satisfy the Authority that the requirements for issuing the licence or permit have been met.

7.   Advertisement of air service

   (1) A person shall not advertise, cause to be advertised or participate in the advertisement of an air service unless a licence or permit has been issued.

   (2) A person who fails to comply with subregulation (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

8.   Provision of aircraft or flight crew by lease

   (1) For purposes of this regulation-

   (a)   "dry lease" means an agreement where a leased aircraft is operated by the flight crew of the lessee; and

   (b)   "wet lease" means an agreement where the leased aircraft is operated by the flight crew of the lessor.

   (2) An air service provider shall not enter into a lease agreement without a permit issued by the Authority.

   (3) Subject to the approval of the Authority, an air service provider may have one or more aircraft at its disposal through a dry lease or wet lease agreement.

   (4) Without prejudice to subregulation (3), aircraft used for a dry lease agreement by an air service provider shall be registered in Botswana.

   (5) The Authority may approve a wet lease agreement to a Botswana air service provider, to use a foreign registered aircraft-

   (a)   for a period of six months, where the service provider justifies that the lease is on the basis of exceptional needs, and such approval may be renewed once, for a further period of six months; or

   (b)   where the service provider demonstrates that the lease is necessary to overcome operational difficulties and it is not possible or reasonable to lease aircraft registered within Botswana, in which case, the approval shall be of limited duration strictly necessary to overcome the difficulties.

   (6) Notwithstanding subregulation (5) (a), the Authority may renew the lease where the service provider demonstrates that the lease is necessary to satisfy seasonal capacity needs, which cannot reasonably be satisfied through leasing aircraft registered in Botswana.

   (7) The Authority shall not approve any lease agreement, unless safety standards equivalent to those imposed under the requirement for a valid air operator certificate are met.

   (8) A person who enters into a lease agreement without the permission of the Authority commits an offence and is liable to a fine not exceeding P3 000 000, or to imprisonment for a term not exceeding five years, or to both.

   (9) This regulation shall not apply to domestic air transport services.

9.   Approval of lease by Authority

   (1) A person shall not provide to the holder of an air service licence or permit, a flight crew to service all or part of an aircraft which is to be used to provide an air service, unless the person has obtained a permit from the Authority.

   (2) A licensee or permit holder shall not provide an air service using all or part of an aircraft with a flight crew provided by another person, without a permit issued by the Authority.

   (3) An application for a permit under regulation 8 and this regulation, shall be in Form A set out in Schedule 1, and shall be accompanied by such information as the Authority may determine.

   (4) Where the Authority is satisfied that the applicant meets the requirements for issue of a permit, the Authority may issue a permit in Form B set out in Schedule 1, and the permit may be subject to such terms and conditions as the Authority may specify in the permit, which may include routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and carriage of goods.

   (5) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P3 000 000, or to imprisonment for a term not exceeding five years, or to both.

PART III
General Provisions Relating to Licences (regs 10-31)

10.   Application for licence

   (1) An application for a licence to provide an air service shall be in the form set out in Schedule 2, and shall be accompanied by such information as the Authority may determine.

   (2) An application made under subregulation (1) shall be signed by the applicant, and if made by a corporation or partnership firm, shall be signed by a person authorised in that behalf by such corporation or by a partner of the partnership firm.

11.   Licence fees

   (1) An application for a licence or variation of a licence shall be accompanied by an application fee as set out in Schedule 3.

   (2) On the issue of a licence, the applicant shall pay a fee as set out in Schedule 3.

12.   Financial fitness

   (1) An applicant for an air service licence other than for a scheduled international air transport operating authority, shall satisfy the Authority that it can meet the reasonable fixed and operational costs of its business plan without relying on revenue generated by its operations, for a period of three months from the start of operation.

   (2) An applicant for an air service licence other than a scheduled international air transport operating authority shall satisfy the Authority that there is adequate working capital to finance the first 12 months of operation in terms of its business plan, based on the applicant's projected costs and revenues.

   (3) In the evaluation of the business plan, the Authority shall examine the experience of the principal parties and senior personnel of the applicant to assess whether such parties and personnel have the necessary skills and capacity to implement the business plan.

13.   Confidential information

   An applicant shall disclose information of its financial resources to the Authority, and that information shall be treated as confidential, unless otherwise specified by the applicant.

14.   Director's integrity

   The Authority shall, before issuing an air service licence, satisfy itself that the person in control of the operations of the applicant-

   (a)   is of good repute;

   (b)   has not been adjudged or otherwise declared bankrupt and has not been discharged; and

   (c)   has undergone requisite security clearance.

15.   Issue of licence

   (1) Where the Authority is satisfied that the applicant meets the requirements for the issue of a licence, and approves an application made under regulation 10, it may issue a licence in accordance with Part IV.

   (2) The Authority may refuse to issue a licence where an application does not meet the requirements of these Regulations, in which case, the Authority shall inform the applicant in writing, of the reasons for such refusal.

16.   Conditions of licence

   (1) A licensee shall operate in accordance with the terms and conditions stipulated in the licence.

   (2) A licensee who contravenes this regulation commits an offence and is liable to a fine not exceeding P3 000 000, or to imprisonment for a term not exceeding five years, or to both.

17.   Duration of licence

   (1) A licence issued under these Regulations, unless previously suspended or revoked in accordance with regulations 23 and 24, shall be in force for a period of 12 months.

   (2) A scheduled international air transport service operating authority shall run continuously.

18.   Variation of licence

   (1) The Authority may vary any conditions of a licence upon application by a licensee, or on the Authority's own initiative.

   (2) An application for variation of a licence shall be made to the Authority in the form set out in Schedule 2, and shall be accompanied by a fee as set out in Schedule 3.

   (3) The Authority may, when the licensee meets all the requirements for variation of a licence, vary the condition of a licence.

19.   Licence not transferable

   (1) A licence for the operation of an air service is not transferable.

   (2) For the purpose of this regulation, transfer of a controlling interest in business includes a transfer of the operating licence.

20.   Renewal of licence

   (1) An application for the renewal of a licence shall be made annually, to the Authority by the licensee, in the form set out in Schedule 2.

   (2) An application under subregulation (1) shall be submitted to the Authority not later than four months prior to the date of expiry of a licence, and shall be accompanied by a renewal fee as set out in Schedule 3.

   (3) Where an application for renewal is made after the period specified in subregulation (2), the Authority may renew the licence, subject to the payment of a fine of P2 000 for each day the licence has not been renewed, which amount shall not be calculated to exceed three months from the date ofexpiry.

   (4) Where a licensee does not renew a licence within three months of its expiry, the Authority shall revoke that licence.

   (5) The requirements applicable to the issue of an application for an air service licence, shall be applicable to an application for a renewal of an air service licence under this regulation.

21.   Display of licence

   (1) A licensee shall display at its business premises, in a conspicuous place, a licence issued under these Regulations.

   (2) A licensee who fails to display the licence in accordance with subregulation (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

22.   Records of applications and licences

   (1) The Authority shall keep a record of all applications for licences which shall specify whether the licence was issued or refused.

   (2) An entry shall be made in the record whenever a licence is issued, refused, varied, revoked, suspended or expires and the record shall contain all particulars that will enable the application and licence to be identified and shall show-

   (a)   the date on which a licence was issued or refused;

   (b)   the date on which a licence was varied;

   (c)   the date on which a licence was suspended or revoked;

   (d)   the date on which a licence is to expire; and

   (e)   any condition attached to a licence in terms of these Regulations.

23.   Suspension of licence

   Subject to the provisions of the Act and these Regulations, the Authority may suspend a licence-

   (a)   where the licensee contravenes or fails to meet the requirements of the licence; or

   (b)   in accordance with regulation 28 (4).

24.   Revocation of licence

   (1) The Authority may revoke a licence where the licensee-

   (a)   ceases to be eligible to hold that licence;

   (b)   ceases to hold a valid air operator certificate;

   (c)   ceases to hold insurance coverage; or

   (d)   fails to renew a licence.

   (2) Where a licensed air service is not in operation for at least six months, the Authority shall within 28 days, call upon the licensee to show cause why the licence should not be revoked.

   (3) Where the licensee fails to provide adequate justification or fails to show cause why its licence should not be revoked in terms of subregulation (2), the Authority shall revoke the licence.

25.   Reinstatement of licence

   (1) The Authority may, when it is satisfied that the requirements are met, reinstate a licence that has been suspended.

   (2) Notwithstanding the generality of subregulation (1), the Authority may reinstate a licence that has been suspended for 60 days or more, on application for reinstatement by the licensee, where the Authority is satisfied that the-

   (a)   financial requirements for that type of licence have been met; and

   (b)   reasons of suspension for such licence no longer exist.

26.   Surrender of licence

   (1) Where a licence is suspended, has expired or is revoked, the licensee shall surrender the licence to the Authority.

   (2) Where the licensee seeks to terminate the operation of an air service, the licensee shall immediately notify the Authority and return the licence for cancellation.

   (3) In the event of death, incapacity, bankruptcy, sequestration or liquidation of the licensee, the person for the time being carrying on the business shall-

   (a)   return the licence previously held by the licensee for cancellation; and

   (b)   within 14 days, make an application for a new licence, in the form set out in Schedule 2.

   (4) A person who fails to return the licence in terms of this regulation shall pay to the Authority, a fine of P2 000 for each day the licence is not returned, which amount shall not be calculated to exceed a period of three months from the date the licence is suspended, revoked or has expired.

27.   Duplicate licence

   (1) Where a licence is lost, destroyed or defaced, the licensee shall notify the Authority within 14 days, which shall, if satisfied that the licence is lost, destroyed or defaced, issue a duplicate so marked, and the duplicate issued shall have the same effect as the original:

   Provided that, in the case of a licence that has been defaced, the duplicate shall be issued only after surrender of the original to the Authority.

   (2) Where a licensee makes a notification under subregulation (1) after 14 days, the licensee shall pay to the Authority, a fine of P2 000.

28.   Notification of operational and organisational changes

   (1) A licensee shall notify the Authority in writing at least 14 days before-

   (a)   changes on-

      (i)   the particulars of its partnership membership, or

      (ii)   its legal status; or

   (b)   any intended merger, acquisition or franchise.

   (2) A licensee shall notify the Authority within 14 days of any change in the ownership of any single shareholding which represents 10 per cent or more of the total shareholding of the licensee or of the licensee's parent or ultimate holding company.

   (3) Where the Authority finds that the changes notified under subregulations (1) and (2) have a significant bearing on the finances of the licensee or on the licensee's eligibility to hold a licence, the Authority may require the licensee to submit its financial statements.

   (4) The licensee shall, in accordance with subregulation (3), submit to the Authority sufficient information to allow the Authority to review the financial situation or eligibility of the licensee and, the Authority may, if it considers it in the public interest, suspend or revoke the licence, or impose such additional conditions on the licence as it considers necessary.

   (5) A person who fails to notify the authority in accordance with subregulation (1) shall pay to the Authority, a fine not exceeding P2 000.

29.   Change of address of licensee

   (1) A licensee who changes an address shall notify the address Authority 14 days prior to the change.

   (2) The licensee shall submit the licence to the Authority with the notification made under subregulation (1), and the Authority shall immediately endorse the new address on the licence and return it to the licensee.

30.   Appointment and notification of agent

   (1) A licensee who has a place of business in Botswana, may appoint an agent to act on its behalf, and shall notify the Authority of the appointment in writing, stating the name and address of the agent.

   (2) A licensee who does not have a place of business or agent in Botswana shall appoint an agent who has a place of business in Botswana, and shall notify the Authority of the appointment in writing, stating the name and address of the agent.

31.   Tariffs for air transport services

   A licensee shall fix reasonable fares, rates and tariffs, and in so doing, shall take into consideration, operational costs, service characteristics, commission rates, reasonable profits, general industry practices and market conditions.

PART IV
Categories of Air Service Licences, Operating Authorities and Permits (regs 32-45)

32.   Licences for air services

   For the purposes of these Regulations, the Authority may issue the following-

   (a)   a domestic scheduled air transport service licence;

   (b)   an international scheduled air transport service licence;

   (c)   a domestic non-scheduled air transport service licence;

   (d)   an international non-scheduled air transport service licence;

   (e)   an aerial work licence;

   (f)   an aerial work permit;

   (g)   a non-scheduled domestic air transport service permit;

   (h)   a non-scheduled international air transport service permit;

   (i)   a flight training service licence; and

   (j)   an international air transport service operating authority.

33.   Eligibility for air transport service licence

   (1) To be eligible for a licence under these Regulations, one shall be-

   (a)   a statutory corporation in Botswana or a Government department; or

   (b)   a corporation incorporated under the Companies Act and has a place of business in Botswana.

   (2) In addition to subregulation (1), to be eligible for a licence for a scheduled domestic and a scheduled international air transport service one shall be-

   (a)   a corporation incorporated under the laws of Botswana which-

      (i)   has a place of business in Botswana, and

      (ii)   has at least 51 per cent of its voting rights held, and effective control exercised by citizens of Botswana or by a Government department, an agency, or a parastatal or entity which is under any Government department; or

   (b)   a person included on the list of Botswana based carriers, which list is approved by the Minister.

34.   Issue of air transport service licence

   On application to the Authority and on payment of the specified fee, the Authority shall issue a licence, in Form A, B, C or D, as set out in Schedule 4, where it is satisfied that the licensee-

   (a)   is eligible to hold the required licence for an air transport service licence;

   (b)   holds an air operator certificate in respect of the service to be provided under the licence;

   (c)   has liability insurance coverage in respect of the service to be provided under the licence;

   (d)   meets the financial requirements; and

   (e)   has not provided an air transport service without a licence, within the 12 months preceding the application.

35.   Aerial work licence

   (1) The provisions of regulation 34 shall apply to the issue of an aerial work licence, except for paragraph (b), where the requirement shall be that the applicant holds an aerial work operator's certificate.

   (2) An aerial work licence shall be in Form E set out in Schedule 4.

   (3) A licensee for an aerial work service who carries on board an aircraft, a person who is not part of the air crew, but who is required for the conduct of the aerial work service, is exempt from holding a licence for the transportation of that person.

36.   Aerial work permit

   (1) A licensee for an aerial work service shall before conducting a service authorised by a licence, apply to the Authority for, and obtain a permit to conduct a service for each flight or a series of flights, and shall for this purpose provide the Authority with the information that may be specified by the Authority.

   (2) A permit issued under subregulation (1) shall be in Form F set out in Schedule 4.

37.   Non-scheduled domestic air transport service permit

   (1) A licensee who holds a licence for a non-scheduled air transport service shall not provide such service to a person who intends to resell that transportation to the general public unless the licensee applies for, and obtains a permit for an advanced booking charter or an inclusive tour charter from the Authority for each flight or series of flights to be provided to that person.

   (2) An application made under subregulation (1) shall be in the Form set out in Schedule 2, and accompanied by a fee as set out in Schedule 3.

   (3) The Authority shall not issue a permit under subregulation (1) unless the Authority is satisfied that there is a duly executed and binding contract between the licensee and the person-

   (a)   to include in any advertisement of the service chartered, a clear indication of-

      (i)   the name of the person or entity selling the services or the package of services,

      (ii)   the name of the licensee that is to provide the air transportation service, and

      (iii)   the number of the permit issued to the licensee; and

   (b)   to hold in trust any monies paid by a purchaser of the air service or of the package of services until such time as the entire journey included in the price of purchase has been completed.

   (4) A permit issued under subregulation (1) shall be in Form G set out in Schedule 4.

38.   Non-scheduled international air transport service permit

   (1) A person who is not eligible to hold a licence for a non-scheduled international air transport service may apply to the Authority in the form set out in Schedule 2, for a permit to provide such service provided that the-

   (a)   person holds a valid licence or equivalent authority from that person's own national authority for the operation of such service;

   (b)   person holds a valid air operator certificate or equivalent certification from that person's own national authority for the operation of such service;

   (c)   person holds insurance as provided under regulations 67 and 68; and

   (d)   Authority is satisfied that the issue of the permit-

      (i)   is in the public interest, and

      (ii)   includes considerations of reciprocity with the treatment afforded to Botswana based air service providers seeking to obtain similar authorisation from the aeronautical authority of the State of the applicant.

   (2) An application made under subregulation (1) shall be accompanied by the information set out in Schedule 5.

   (3) A permit issued under subregulation (1) shall be in Form H set out in Schedule 4.

39.   Flight training service licence

   (1) The provisions of regulation 34 shall apply to the issue of a flight training service licence, except for-

   (a)   paragraph (a), where the Authority shall issue the licence if it is satisfied that the applicant is eligible to hold a flight training service licence; and

   (b)   paragraph (b), where the requirement shall be that the applicant holds an approved training organisation certificate in respect of the service to be provided under the licence.

   (2) A flight training service licence shall be in Form I set out in Schedule 4.

40.   Eligibility for scheduled international air transport service operating authority

   A person is eligible for a scheduled international air transport service operating authority, when the person is designated by a foreign government or a foreign aeronautical authority in accordance with the provisions of an air service agreement to which Botswana is a party to, and that person meets any of the requirements contained in that agreement.

41.   Issue of international air transport service operating authority

   Subject to the provisions of section 13 of the Act, on application to the Authority and on payment of the specified fee, the Authority shall issue an operating authority for a scheduled international air transport service, in Form J set out in Schedule 4, to the applicant if the Authority is satisfied that the applicant-

   (a)   is eligible to hold a scheduled international air transport service operating authority;

   (b)   holds an air operator certificate in respect of the service to be provided under the international air transport operating authority; and

   (c)   has liability insurance coverage in respect of the service to be provided under the international air transport operating authority.

42.   Licence conditions of international air transport service licence

   A scheduled international air transport service licence and a non- scheduled international air transport licence is subject to the following conditions-

   (a)   the licensee shall, on reasonable request, provide transportation in accordance with the terms and conditions of the licence and shall furnish such services, equipment and facilities as are necessary for the purposes of that transportation;

   (b)   the licensee shall not make publicly any statement that is false or misleading with respect to the licensee's air service or any service incidental thereto; and

   (c)   the licensee shall not operate an international air transport service, or represent by advertisement or otherwise the licensee as operating such a service, under a name other than that specified in the licence.

43.   Additional conditions for scheduled and non-scheduled international air transport service licence

   The Authority may, on the issue of a scheduled or non-scheduled international air transport service licence, or from time to time thereafter, make the licence subject, in addition to any terms and conditions prescribed in respect of the licence, to such terms and conditions as the Authority deems to be consistent with any agreement, convention or arrangement to which Botswana is a party and that is applicable to a service that may be operated pursuant to the licence, including the terms and conditions of routes to be followed, points or areas to be served, size and type of aircraft to be operated, schedules, places of call, tariffs, fares, rates and charges, insurance, carriage of passengers and carriage of goods.

44.   Operation of service subject to schedule

   A scheduled international air transport service licence shall be subject to the condition that the licensee shall, subject to any delays due to weather conditions affecting safety, or abnormal operating conditions, operate every flight in accordance with the service schedule.

45.   Operating without air operator certificate or relevant certificate

   A person who operates an air service without an air operator certificate, aerial work certificate or approved trained organisation certificate, commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

PART V
Scheduled Air Transport Service (regs 46-58)

46.   Conditions of tariff and of carriage

   (1) A licensee to whom the Authority has issued a licence for a scheduled air transport service shall-

   (a)   publish a tariff and keep it up to date by publishing any amendments made to it;

   (b)   submit a copy of the tariff and amendments to the Authority, which are applicable to the service for which the licence is held;

   (c)   display in a prominent place on the business premises, a sign indicating the-

      (i)   tariff for the scheduled air transport service offered by the licensee, and

      (ii)   terms and conditions of carriage,

      and that they are available for public inspection, free of charge at the business premises of the licensee, during the licensee's normal hours of business;

   (d)   publish the terms and conditions of carriage on any website which the licensee uses to sell its air transport service;

   (e)   in the tariff, state the basic fare for each route offered between all points in a scheduled air transport service; and

   (f)   keep a record of the tariff for a period of not less than three years from the time the tariff has ceased to have effect.

   (2) A licensee who fails to display the tariff and terms of conditions of carriage in accordance with subregulation (1) (c), commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

47.   Electronic publication of tariff

   Notwithstanding the provisions of regulation 46 and subject to a written agreement made by the Authority, the tariff referred to in regulation 46 may be published in any website, or made available to the Authority and to the public in an electronic format.

48.   Advertisement of terms and conditions of carriage

   (1) The licensee for a scheduled air transport service shall not advertise or apply any terms and conditions of carriage that are suspended or have been revoked.

   (2) A licensee who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

49.   Publication of fares, rates, charges, etc

   (1) The licensee for a scheduled air transport service shall not apply any fare, rate, charge, term or condition of carriage applicable to the service it offers unless the fare, rate, charge, term or condition of carriage set out in a tariff is operational and has been published or displayed in accordance with regulation 46.

   (2) Where the Authority receives a complaint in writing that a licensee has contravened subregulation (1) by applying a fare, rate, charge, term or condition of carriage applicable to the scheduled service that is not set out in the licensee's tariff, the Authority may order the licensee to-

   (a)   apply a fare, rate, charge, term and condition of carriage that is set out in the tariff;

   (b)   compensate any person for any expenses they incurred as a result of the licensee's failure to apply a fare, rate, charge, term or condition of carriage that was set out in the tariff; and

   (c)   take any other appropriate corrective measures.

50.   Conditions of compensation

   (1) A licensee who holds a licence for an air transport service shall include in the tariff kept under regulation 46, the conditions for compensation to a ticket holder-

   (a)   who is denied to board a flight for which he or she has a confirmed reservation;

   (b)   whose flight has been delayed beyond a set period of time after he or she has checked-in;

   (c)   whose flight has been cancelled after he or she has checked-in; and

   (d)   who has checked-in baggage, when that baggage is-

      (i)   delayed in its arrival at the destination to which it has been checked to,

      (ii)   damaged, or

      (iii)   lost.

   (2) The Authority may prescribe minimum conditions and levels of compensation in respect of matters listed in subregulation (1) and every licensee who is subject to regulation 46 shall amend the tariff to conform to the conditions and levels prescribed by the Authority.

51.   Copy of tariff on payment of fee

   The licensee for a scheduled air transport service shall provide a copy or extract of its tariff to any person on request and on payment of a fee not exceeding the cost of making the copy or extract.

52.   Flight schedules

   (1) A licensee to whom the Authority has issued a licence for a scheduled air transport service shall-

   (a)   publish a flight schedule and keep it current through the publication of amendments;

   (b)   provide a copy of the flight schedule applicable to the service for which it holds a licence and any amendments made to the flight schedule, to the Authority; and

   (c)   make a copy of the flight schedule and any amendments applicable to the service for which it holds a licence available, without costs, to members of the public for their inspection at the licensee's business offices during the licensee's normal hours of business.

   (2) A person who contravenes subregulation (1) (a) and (b), commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

53.   Electronic publication of flight schedule

   Notwithstanding the provisions of regulation 52, and subject to a written agreement made by the Authority, the flight schedule may be published in any website or made available to the Authority and to the public in an electronic format.

54.   Notice of discontinuance or reduction of services

   (1) A licensee shall not reduce the frequency of a service, or discontinue a service without authority, and unless notice of such reduction or discontinuance has been given under subregulation (2).

   (2) Where a licensee for a domestic scheduled air transport service proposes to-

   (a)   reduce the frequency of the service to a point where there is no flight in a week; or

   (b)   discontinue the service, and

as a result of the proposed reduction or discontinuance, there will be only one licensee or no licensee offering at least one flight per week to that point, the licensee shall give notice of the proposal to the Authority.

55.   Notice period

   A licensee shall not implement a proposal referred to in regulation 54 until the expiry of-

   (a)   30 days after the notice is given;

   (b)   15 days, where a service has been in operation for less than six months; or

   (c)   any shorter period that, on application by the licensee, the Authority may authorise.

56.   Shorter notice period

   In consideration of whether to authorise a shorter period under regulation 55, the Authority shall consider-

   (a)   the adequacy of an alternative mode of public transport available at or in the vicinity of the point referred to under regulation 54;

   (b)   other means by which an air transport service to the point or between the points is or is likely to be provided; and

   (c)   the particular circumstances of the licensee.

57.   Complaints on non-compliance

   Where the Authority finds that a licensee has failed to comply with regulation 54 and it is possible under the circumstances for the licensee to comply with an order made under this regulation, the Authority may direct the licensee to reinstate the service referred to in regulation 54-

   (a)   for such a period, not exceeding 30 days after the date of the finding by the Authority, as the Authority deems appropriate; and

   (b)   at such a frequency as the Authority may authorise.

58.   Check-in baggage

   A licensee for a scheduled air transport service shall issue to a passenger, a baggage check or identification tag for each piece of checked- in baggage.

PART VI
General Provisions Relating to Air Services (regs 59-70)

59.   Returns

   (1) A licensee who is issued a licence for an air service shall, not later than two months of the end of the financial year, submit to the Authority, a copy of the audited financial statements.

   (2) The copy of the financial statements in subregulation (1) shall be in such form as the Authority may determine, and may include data, information and statistics relating to the licensee's operations as set out in that form.

60.   Passenger list

   (1) A licensee who is issued a licence for an air transport service shall, before each flight, compile or cause to be compiled a passenger list in respect of the flight, and shall keep such list for a period of at least 12 months from the date on which the flight to which it relates has taken place.

   (2) A passenger list compiled in terms of subregulation (1) shall contain the name of each passenger to board the flight.

   (3) On the written request of the Authority, a licensee for an air transport service shall, subject to the provisions of subregulation (1), immediately furnish the Authority with copies of any passenger list compiled by the licensee for such period as may be determined by the Authority.

   (4) A person who contravenes a provision of subregulation (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

61.   Display of terms and conditions of carriage

   (1) A licensee who is issued a licence for an air transport service shall display the terms and conditions of carriage, in a prominent place on the business premises.

   (2) The terms and conditions of carriage displayed under subregulation (1) shall be available for public inspection, free of charge, at the business premises of the licensee, during the licensee's normal hours of business.

   (3) A person who fails to display the terms and conditions of carriage in accordance with subregulation (1), commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

62.   Unreasonable or discriminatory terms and conditions

   (1) A licensee shall not apply terms and conditions of carriage that are unreasonable or discriminatory.

   (2) A licensee who contravenes a provision of subregulation (1) commits an offence and is liable to a fine not exceeding P3 000 000, or to imprisonment for a term not exceeding five years, or to both.

63.   Documents of carriage for passengers

   (1) In respect of carriage of passengers, a licensee to whom the Authority has issued a licence for an air transport service shall deliver to each passenger a copy of an individual or collective document of carriage, which document shall contain-

   (a)   the name of the passenger or consignor;

   (b)   an indication of the place of departure and destination, date and time; and

   (c)   the applicable fare.

   (2) Notwithstanding the provisions of subregulation (1), any other means which may preserve the information required, may be substituted for the delivery of the document of carriage, and if any such other means is used, the licensee shall offer to deliver to the passenger a written statement of the information so preserved.

64.   Carriage of cargo

   (1) In respect of the carriage of cargo, every licensee for an air transport service shall deliver to the consignor, an air waybill which shall indicate-

   (a)   the place of departure and destination, date and time; and

   (b)   the weight of the consignment.

   (2) The licensee may substitute an air waybill by any other document which shall contain a record of the carriage to be provided, and if such other means is used, the licensee shall, if so requested by the consignor, deliver to the consignor a cargo receipt which shall permit-

   (a)   the identification of the consignment; and

   (b)   access to the information contained in the record preserved by such other means.

65.   Copies of documents of carriage

   (1) A licensee for an air transport service shall-

   (a)   keep a copy of every document and air waybill issued in terms of regulations 63 and 64 for a period of at least 12 months from the date on which the flight to which it relates has taken place; and

   (b)   on the written request of the Authority, immediately furnish the Authority with a copy of any document or air waybill issued for such period as may be determined by the Authority.

   (2) A licensee who fails to keep a copy of every document and air waybill in accordance with subregulation (1) (a) shall pay to the Authority, a fine of P2 000.

66.   Passenger rights

   A licensee for an air transport service shall submit a policy of passenger rights to the Authority for approval.

67.   Insurance

   (1) A licensee for an air transport service shall not operate an air service unless, at all times, the licensee has liability insurance to cover the risks of injury to, or death of passengers, damage to or loss of baggage and cargo in an amount that is not less than the amounts specified in Schedule 6.

   (2) A licensee who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

68.   Insurance of third party

   (1) A licensee for an air service shall not operate an air service unless, at all times, the licensee has insurance to cover the risks of third party liability in an amount that is not less than the applicable amount as specified in Schedule 7.

   (2) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

69.   Exclusion or waiver of insurance

   (1) A licensee for an air service shall take out liability insurance to comply with regulations 67 and 68 that contain an exclusion or waiver provision reducing insurance coverage for any accident or incident below the applicable minimum prescribed by these Regulations, unless that provision-

   (a)   consists of a standard exclusion clause adopted by the international aviation insurance industry dealing with-

      (i)   war, hijacking and other perils,

      (ii)   noise and pollution and other perils, or

      (iii)   aviation radioactive contamination;

   (b)   is in respect of chemical drift;

   (c)   is to the effect that the insurance does not apply to liability assumed by the air service provider under any contract or agreement unless such liability would have attached to the air service provider even in the absence of such contract or agreement; or

   (d)   is to the effect that the entire policy shall be void if the air service provider has concealed or misrepresented any material fact or circumstance concerning the insurance or the subject thereof or if there has been any fraud, attempted fraud or false statement by the air service provider touching any matter relating to the insurance or the subject thereof, whether before or after a loss.

   (2) The minimum amount of coverage required for passengers, their baggage, cargo and third party liability may be insured for a combined single limit of insurance per any one occurrence.

   (3) An applicant for a licence, or a licensee who seeks to amend or renew a licence, shall file with the Authority, in respect of the service to be provided or being provided, as the case may be, a valid certificate of insurance.

   (4) A person referred to in subregulation (3) who files a certificate of insurance electronically shall, on the request of the Authority, file a certified copy of the certificate within two weeks of such request.

70.   Notification by licensee

   A licensee shall without delay notify the Authority in writing, where-

   (a)   the liability insurance coverage in respect of the air service for which the licence is issued, altered or cancelled in a manner that results in the failure by the licensee to have liability insurance coverage for that service; or

   (b)   the licensee's operations change in a manner that results in the failure by the licensee to have liability insurance coverage for that service.

PART VII
Miscellaneous provisions (regs 71-80)

71.   Inquiry into licensing matters

   The Authority may, for purposes of ensuring compliance with these Regulations, inquire into any matter or thing for which a licence, permit or other authority is required in terms of these Regulations.

72.   Disclosure of information

   A licensee shall, at the request of the Authority, provide the Authority with information or documents in their possession, in respect of any complaint under review or any investigation being conducted by the Authority in accordance with these Regulations.

73.   Powers of air transport officer to secure compliance

   (1) The Authority may, in writing, designate any qualified person by name or by title of office, to be an authorised person for the purpose of securing compliance with the provisions of these Regulations and of any terms and conditions attached to a licence, and in that designation shall state the functions of the authorised person.

   (2) A person who is designated as an authorised person under subregulation (1) may perform the following functions on behalf of the Authority-

   (a)   inspection, and verification of compliance by a licensee to these Regulations, and any condition placed by the Authority on the licence;

   (b)   perform any other functions assigned by the Authority under subregulation (1); or

   (c)   carry out any other functions or acts that may be necessary or incidental to the carrying out of the functions given under paragraph (b).

74.   Power of inspection

   (1) An authorised person may at any time and on production of the written designation provided for under regulation 73-

   (a)   enter and inspect any premises of an air service provider on which the authorised person has reasonable cause to believe that the business of an air service provider is being carried on in contravention with these Regulations, and-

      (i)   examine and take copies of any books, accounts, documents or any other thing for which information can be derived from, found in those premises relating to or appearing to relate to the business of an air service provider,

      (ii)   seize any books, accounts, documents or any other thing which information can be derived from, found in those premises relating to or appearing to relate to the business of an air service provider, and

      (iiI)   question any person who appears to him or her to be engaged in, or carrying on, or employed in, the business of an air service provider on those premises on any matter concerning the application of or compliance with these Regulations or any terms or conditions attached to a licence;

   (b)   require, by notice in writing, any person who appears to the authorised person to be engaged in or carrying on the business of an air service provider to produce to the authorised person, at such time and place as the authorised person may specify in the notice, any books, accounts, documents or any other thing which information can be derived from, relating to the business of an air service provider; and

   (c)   board or detain an aircraft and search such aircraft if the authorised person has reasonable grounds to suspect that-

      (i)   the aircraft is being used or is likely to be used in contravention of these Regulations, or

      (ii)   that it contains any matter or thing which may be used as evidence in respect of an offence under these Regulations.

   (2) A person who-

   (a)   intentionally obstructs an authorised person acting under this regulation; or

   (b)   falsely pretends to be an authorised person,

   commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.

75.   Appeals

   A person aggrieved by a decision of the Authority or any person authorised by the Authority under these Regulations shall have a right of appeal from the whole or any part of the decision of the Authority to the Appeals Tribunal established by section 79 of the Act, and subject to the procedures of the Appeals Tribunal provided under the Civil Aviation (Appeals Tribunal) Regulations.

76.   Offences

   (1) A person who-

   (a)   falsifies, counterfeits, alters, defaces, mutilates or in any way tempers with a licence or other document issued under these Regulations, or is in possession of a licence or other document which has been falsified, counterfeited, altered, defaced or mutilated, or to which an addition has been made;

   (b)   uses a licence or other document issued under these Regulations of which the person is not the holder; or

   (c)   permits a licence or other document issued under these Regulations of which that person is the holder, to be used by any other person, commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

   (2) A person who-

   (a)   uses an aircraft in contravention of these Regulations;

   (b)   knowingly supplies any false or misleading information touching on any matter which is material to any application to the Authority or to any member, employee or agent of the Authority; and

   (c)   contravenes or fails to comply with any conditions of a licence issued under these Regulations, commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

77.   Evidence

   In any proceeding under these Regulations-

   (a)   an aircraft which is being used for the provision of an air service shall, until the contrary is proved, be presumed to be so used or caused to be used by the person in whose name that aircraft is registered in terms of any law relating to the registration of such aircraft;

   (b)   an aircraft which is registered in the name of a person who is a licensee and which is being used for the provision of an air service otherwise than in accordance with the terms and conditions of such licence, shall, until the contrary is proved, be presumed to be so used or caused to be so used by the licensee;

   (c)   the conveyance in an aircraft of any person in addition to the normal operating crew or of any goods shall, until the contrary is proved, be presumed to be conveyance for reward;

   (d)   a document purporting to be a licence issued under these Regulations, or a copy of any such licence certified in writing as such by the Authority shall be accepted as prima facie evidence of the facts stated therein; and

   (e)   a document signed by the Authority, stating that a licence has not been issued by the Authority to a specified person, shall be accepted as prima facie evidence of the facts stated therein.

78.   Savings

   Notwithstanding the provisions of these Regulations, any licence, approval or exemption of any operation of an air service in force on the coming into force of these Regulations, shall remain valid, subject to the laws on the basis of which they are issued, for a maximum period of one year, or till the date of expiry, which ever comes first, during which period the air service provider holding such licence, approval or exemption shall make the necessary arrangements to conform with all the requirements of these Regulations.

79.   Transitional provisions

   (1) Notwithstanding the provisions of these Regulations, a person who, on the commencement of these Regulations, is operating an air service, which, prior to the commencement of these Regulations was not required by law to hold a licence for the operation of that service, shall not be in breach of these Regulations, if that person continues to operate that air service.

   (2) The person in subregulation (1) shall, within 30 days of the commencement of these Regulations or within such longer period as the Authority may on application, authorise-

   (a)   file an application to the Authority to obtain the required licence for the air service in operation; and

   (b)   file an application to the Authority for a temporary exemption from the other requirements of these Regulations with which that person may not comply on that day.

   (3) A person shall not be in breach of these Regulations until such time as the Authority makes a decision concerning any application made in terms of subregulation (2).

   (4) Notwithstanding the requirements of these Regulations, a person who, on the commencement of these Regulations, is licensed to provide an air service, but fails to comply with any provision of these Regulations, shall not be in breach of these Regulations, if the person, within 14 days of the commencement of these Regulations, files an application to the Authority for a temporary exemption from the requirements and until such time as the Authority makes a decision concerning the application.

SCHEDULE 1

FORM A
APPLICATION FOR AIRCRAFT LEASE PERMIT

(reg 8 and 9)

Part I: General Information

1.   Name and address of applicant

   .............................................................................................................................

   .............................................................................................................................

2.   Existing fleet strength

   Number ............................ Type ............................ Seating capacity .......................

3.   Maintenance and operational base of the proposed aircraft

4.   Source of crew and their names-

   (a)   Existing fleet; and

   (b)   Proposed fleet.

5.   Arrangement for crew training.

6.   Sources of engineers or technical staff and their names-

   (a)   Existing fleet; and

   (b)   Proposed fleet.

7.   Arrangement/level of readiness for maintenance of aircraft.

Part II: Details of aircraft

Type and make of aircraft: ...........................................................................................

   .............................................................................................................................

Nationality and registration of the aircraft: .....................................................................

Year of manufacture of the aircraft .................................................................................

No. of passenger seat/weight of cargo permissible as per type certificate of the aircraft

   .............................................................................................................................

Maximum certified take-off weight ................................................................................

Last major check done and number of hours since flown ................................................

Next major check .......................................................................................................

Name of the company from which aircraft is being leased

   .............................................................................................................................

Reasons for lease of aircraft

   .............................................................................................................................

Period of lease as per contract .....................................................................................

Date of last lease of same aircraft .................................................................................

Details of any other aircraft leases still operational .........................................................

   .............................................................................................................................

   .............................................................................................................................

Previous history of aircraft with details of any aircraft incident/accident involving structural damage

   .............................................................................................................................

Name of Authority and country which issued last certificate of airworthiness

   .............................................................................................................................

FORM B
AIRCRAFT LEASE PERMIT

(reg 9)

Permit No .......................................................

1. The Civil Aviation Authority, in exercise of its powers under section 49 of the Civil Aviation Act, and regulations 8 and 9, hereby grants a permit to

....................................................................................................................................

....................................................................................................................................

....................................................................................................................................

....................................................................................................................................

....................................................................................................................................

authorising it to lease aircraft Type ....................... bearing registration ...........................

............................................... for the for the purpose of................................................

2. This permit shall have effect from.................................... To.......................................

Signed: ....................................................... Date: .......................................................

For the Civil Aviation Authority of Botswana

SCHEDULE 2
APPLICATION FOR AN AIR SERVICE LICENCE OR PERMIT

(regs 10 (1), 18 (1), 20 (1), 26 (3) (b), 37 and 38)

NEW RENEWAL VARIATION

1.   CORPORATION

   (a)   Name: ...........................................................................................................

   (b)   Place of incorporation:.....................................................................................

   (c)   Registration Number:......................................................................................

2   BUSINESS CONTACTS

   (a)   Postal address: ................................................................................................

   (b)   Telephone: ......................................................................................................

   (c)   Fax: ................................................................................................................

   (d)   Email address: .................................................................................................

3.   NATIONALITY

   (Name and country)

   (a)   Shareholders: ..................................................................................................

      .......................................................................................................................

      .......................................................................................................................

      .......................................................................................................................

   (b)   Directors: ........................................................................................................

      .......................................................................................................................

      .......................................................................................................................

      .......................................................................................................................

4.   CATEGORY OF LICENCE OR PERMIT APPLIED FOR

   (a)   Domestic scheduled air transport service licence;

   (b)   International scheduled air transport service licence;

   (c)   Domestic non-scheduled air transport service licence;

   (d)   International non-scheduled air transport service licence;

   (e)   Aerial work licence;

   (f)   Aerial work permit;

   (g)   Flight training service licence; and

   (h)   Other (specify) ................................................................................................

5.   TYPE OF AIRSERVICE TO BE PROVIDED

   (a)   Passenger;

   (b)   Cargo;

   (c)   Mail; and

   (d)   Other (specify) ................................................................................................

6. PARTICULARS OF AIRCRAFT

   (a)   Make and Type: ..............................................................................................

   (b)   Fleet Number: .................................................................................................

   (c)   Seating Capacity: ............................................................................................

   (d)   Registration: ...................................................................................................

7.   ROUTE TO BE OPERATED

   (a)   Point of Departure: ..........................................................................................

   (b)   Intermediate Landing Points

      (i)   For off-loading purposes: ...........................................................................

      (ii)   For non off-loading purposes: ....................................................................

   (c)   Destination: ....................................................................................................

8.   DATE OF COMMENCEMENT:....................................................................................

9.   PERIOD FOR WHICH LICENCE IS REQUIRED: ..........................................................

I, the undersigned, hereby apply for a licence for an air service, and declare that the information furnished herein is true and correct.

Signature: ................................................. Date: ................................................

Name (in block letters): .....................................Position held:.....................................

Duly authorised to sign for and on behalf of (Name of Company): .................................

ATTACHMENTS:

New Application:

   (a)   Proposed flight schedule;

   (b)   Proposed tariff structure;

   (c)   Insurance coverage certificate;

   (d)   Operator certificate (AOC, AWOC or ATO certificate);

   (e)   Receipt as proof of payment of application fee;

   (f)   Copy of national identity/passport/citizenship certificate/birth certificate;

   (g)   Business plan;

   (h)   Proof of source of funding for the first three months of operation;

   (i)   Certificate of incorporation (companies); and

   (j)   Shareholding certificate (companies).

Renewal:

   (a)   Certified copies of insurance documents;

   (b)   Copy of audited financial statements for financial year preceding renewal;

   (c)   Applicable passenger fares and freight rates and associated conditions;

   (d)   Regular statistics of traffic, fleet and personnel, and financial summaries, according to Air Transport Directive No. 1/1987 and other relative Directives;

   (e)   Structure of Aircraft fleet and related characteristics and major technical specifications;

   (f)   Aircraft maintenance procedures and checks, and address of the maintenance base and stores of spare parts;

   (g)   Any other particular required by CAAB.

Variation:

   (a)   Change of Directors of the company;

   (b)   Copies of Omang or passports for Directors;

   (c)   Copies of residence and work permits for non-citizen Directors;

   (d)   Physical and postal address of Directors; and

   (e)   Curriculum vitae of Directors.

Aerial Work:

   (a)   Copy of airworthiness certificate;

   (b)   Copy of aircraft registration certificate;

   (c)   Copy of pilot licence;

   (d)   Copy of insurance cover;

   (e)   Map of area or coordinates;

   (f)   Letter from contractor; and

   (g)   Endorsement from Department of Wildlife (for game capture).

SCHEDULE 3
FEES

(reg 9,11,18, 20 and 37)

Licence or
Permit Type

Application
Fee

Initial Issue

Renewal Fee

Variation
Fee

Scheduled Air
Services

Pula

Pula

Pula

Pula

Category AC1
Aircraft

2 000

5 000

5 000

2 500

Category AC2
Aircraft

1 500

4 000

4 000

2 500

Category AC3
Aircraft

1 000

3 500

3 500

2 500

Category AC4

500

3 000

3 000

2 500

Category HL1
Aircraft

1 000

3 000

3 000

2 500

Category HL2
Aircraft

500

2 000

2 000

2 500

Non-Scheduled
Air Services

Pula

Pula

Pula

Pula

Category AC1
Aircraft

1 000

3 000

3 000

1 500

Category AC2
Aircraft

800

2 000

2 000

1 000

Category AC3
Aircraft

500

1 500

1 500

750

Category AC4

250

800

800

400

Category HL1
Aircraft

500

1 500

1 500

750

Category HL2
Aircraft

250

1 000

1 000

500

General Air
Service

Pula

Pula

Pula

Pula

Category AC1
Aircraft

1 000

3 000

3 000

1 500

Category AC2
Aircraft

800

2 000

2 000

1 000

Category AC3
Aircraft

500

1 500

1 500

750

Category AC4

250

800

800

400

Category HL1
Aircraft

500

1 500

1 500

750

Category HL2
Aircraft

250

1 000

1 000

500

Definition of Categories of Aircraft

1.   AC1 - any aircraft, excluding a helicopter, with maximum certificated mass exceeding 20 000kg.

2.   AC2 - any aircraft, excluding a helicopter, with maximum certificated mass exceeding 5 700kg but not exceeding 20 000kg.

3.   AC3 - any aircraft, excluding a helicopter, with maximum certificated mass exceeding 2 700kg but not exceeding 5 700kg.

4.   AC4 - any aircraft with maximum certificated mass of 2 700kg or less.

5.   HL1 - any multi-engine helicopter.

6.   HL2 - any single engine aircraft.

SCHEDULE 4
LICENCES AND PERMITS

(reg 34 and 35)

FORM A
DOMESTIC NON-SCHEDULED AIR TRANSPORT SERVICE LICENCE

Licence No.....................

1.   The Civil Aviation Authority of Botswana, in exercise of its powers under section 49 of the Civil Aviation Act, and regulation 34, hereby grants an Air Transport Service Licence to-

   .............................................................................................................................

   .............................................................................................................................

   ............................................................................................................................

   authorising it to operate aircraft on non-scheduled air service for the carriage of passengers, cargo or mail between any points both of which are in the Republic of Botswana.

2.   A non-scheduled air service flight for the purpose of paragraph 1 is defined as a flight on which all the capacity of the aircraft is made available to the public through one or more charterers.

3.   This licence is subject to conditions shown at the back of this document.

4.   Nothing in this licence authorises the operation of any flight-

   (a)    other than in accordance with the licence holder's Air Operator's Certificate; or

   (b)   that is prohibited as a result of a direction to the Civil Aviation Authority of Botswana by the Minister of Transport and Communications, or by any rules that may have been published by the Minister.

5.   This licence shall have effect from................................... to ...................................

Signed: ..................................................... Date: .....................................................

For the Civil Aviation Authority of Botswana

FORM B
INTERNATIONAL NON-SCHEDULED AIR TRANSPORT SERVICE LICENCE

Licence No.....................

1. The Civil Aviation Authority of Botswana, in exercise of its powers under section 49 of the Civil Aviation Act, and regulation 34, hereby grants an Air Transport Service Licence to-

   .............................................................................................................................

   .............................................................................................................................

   .............................................................................................................................

   authorising it to operate aircraft on non-scheduled air service for the carriage of passengers, cargo, or mail between any point in the Republic of Botswana and another State.

2.   A non-scheduled air service flight for the purpose of paragraph 1 is defined as a flight on which all the capacity of the aircraft is made available to the public through one or more charterers.

3.   This licence is subject to conditions shown at the back of this document.

4.   Nothing in this licence authorises the operation of any flight =

   (a)   other than in accordance with the licence holder's Air Operator's Certificate; or

   (b)   that is prohibited as a result of a direction to the Civil Aviation Authority of Botswana by the Minister of Transport and Communications, or by any rules that may have been published by the Minister.

5.   This licence shall have effect from................................... to ...................................

Signed: .......................................................................................................... Date:

For the Civil Aviation Authority of Botswana

FORM C
DOMESTIC SCHEDULED AIR SERVICE TRANSPORT LICENCE SERVICE LICENCE

Licence No.....................

1.   The Civil Aviation Authority of Botswana, in exercise of its powers under section 49 of the Civil Aviation Act, and regulation 34 hereby grants an Air Transport Service Licence to-

   ...............................................................................................................................

   ...............................................................................................................................

   ...............................................................................................................................

   authorising it to operate aircraft on scheduled flights for the carriage of passengers, cargo, or mail between any combination of points in Botswana.

2.   A scheduled flight for the purposes of paragraph 1 is defined as a flight on which at least some of the capacity of the aircraft is made available to the public without the intervention of a charterer.

3.   This licence is subject to conditions shown at the back of this document.

4.   Nothing in this licence authorises the operation of any flight-

   (a)    otherwise than in accordance with the licence holder's Air Operator's Certificate; or

   (b)   that is prohibited as a result of a direction to the Civil Aviation Authority of Botswana by the Minister of Transport and Communications, or by any rules that may have been published by the Minister.

5.   This licence shall have effect from................................... to ...................................

Signed: ..................................................... Date: .....................................................

For the Civil Aviation Authority of Botswana

FORM D
INTERNATIONAL SCHEDULED AIR TRANSPORT SERVICE LICENCE

Licence No.....................

1.   The Civil Aviation Authority, in exercise of its powers under section 49 of the Civil Aviation Act, and regulation 34 hereby grants an Air Transport Service Licence to-

   ...............................................................................................................................

   ...............................................................................................................................

   ...............................................................................................................................

   authorising it to operate aircraft on scheduled flights for the carriage of passengers, cargo, or mail between any combination of points anywhere in the world subject to designation by the Minister of Transport and Communications.

2.   A scheduled flight for the purposes of paragraph 1 is defined as a flight on which at least some of the capacity of the aircraft is made available to the public without the intervention of a charterer.

3.   This licence is subject to conditions shown at the back of this document.

4.   Nothing in this licence authorises the operation of any flight-

   (a)   otherwise than in accordance with the licence holder's Air Operator's Certificate; or

   (b)   that is prohibited as a result of a direction to the Civil Aviation Authority of Botswana by the Minister of Transport and Communications, or by any rules that may have been published by the Minister.

5.   This licence shall have effect from................................... to ...................................

Signed: ..................................................... Date: .....................................................

For the Civil Aviation Authority of Botswana

FORM E
AERIALWORK LICENCE

Licence No.....................

1.   The Civil Aviation Authority of Botswana, in exercise of its powers under section 49 of the Civil Aviation Act, and regulation 35, hereby grants a licence to-

   ...............................................................................................................................

   ...............................................................................................................................

   ...............................................................................................................................

   authorising it to operate aircraft on aerial work air service at locations specified in the accompanying aerial work permit in the Republic of Botswana.

2.   Aerial work for the purpose of paragraph 1 is defined as an aircraft operation in which an aircraft is used for specialised services not being the carriage of passengers, mail or other cargo.

3.   This licence is subject to conditions shown at the back of this document.

4.   Nothing in this licence authorises the operation of any flight-

   (a)   other than in accordance with the licence holder's Air Operator's Certificate; or

   (b)    that is prohibited as a result of a direction to the Civil Aviation Authority of Botswana by the Minister of Transport and Communications, or by any rules that may have been published by the Minister

5.   This licence shall have effect from................................... to ...................................

Signed: .................................................... Date: ....................................................

For the Civil Aviation Authority of Botswana

FORM F
AERIAL WORK PERMIT

(reg 36)

1.   Permission is granted to ............................................... to undertake aerial work at

   (location)_ ................................................................ in Botswana.

2.   The Aircraft(s) to be used is/are (Types of aircrafts) ................................................

   .............................................................................................................................

   bearing registration number(s)..................................................................................

3.   The work will commence on the .................................. up to .................................

4.   The pilot's name is........................................... and he or she is advised to adhere to all regulations and rules as per Botswana Aeronautical Information Publication.

Name ..........................................................................................................................

Signature.....................................................................................................................

Designation ................................................................................................................

Date ............................................................................................................................

FORM G
NON-SCHEDULED DOMESTIC AIR TRANSPORT SERVICE PERMIT

(reg 37)

A. Applicant/Company Contact Details:

Full Name:.................................................................................................................

Full Address:..............................................................................................................

..................................................................................................................................

...............................................................................................................................

Tel: .............................. Fax:............................... E-mail address ..............................

B. Permit Details:

Type of Aircraft: ...................... Registration: ....................... MAUW: ......................

Name of Pilot: ......................................... Number of PAX .........................................

Period of Journey: From .............................................To ............................................

Route: .........................................................................................................................

Purpose of Journey: ......................................................................................................

Name and Contacts of Client:

....................................................................................................................................

....................................................................................................................................

For Official Use Only:

Permit Number:.......................................... Date of Issue: ..........................................

Authorised by: Name .......................................... Signature .........................................

Special Conditions: ......................................................................................................

...................................................................................................................................

...................................................................................................................................

FORM H
NON-SCHEDULED INTERNATIONAL AIR TRANSPORT PERMIT

(reg 38 (3))

A. Applicant/Company Contact Details:

Full Name:.................................................................................................................

Full Address:..............................................................................................................

..................................................................................................................................

..................................................................................................................................

Tel: .............................. Fax:............................... E-mail address ..............................

B. Permit Details:

Type of Aircraft: ...................... Registration: ....................... MAUW: ............................

Name of Pilot: ......................................... Number of PAX ............................................

Period of Journey: From .............................................To ..............................................

Route: .........................................................................................................................

For landing flights only:

Purpose of Journey: ......................................................................................................

For Official Use Only:

Permit Number:.......................................... Date of Issue: ..........................................

Authorised by: Name .......................................... Signature ........................................

Special Conditions: .....................................................................................................

..................................................................................................................................

..................................................................................................................................

FORM I
FLIGHT TRAINING SERVICE LICENCE

(reg 39)

Licence No.....................

1. The Civil Aviation Authority of Botswana, in exercise of its powers under section 49
of the Civil Aviation Act, and regulation 39, hereby grants a Flight Training Service
Licence to =

   ...........................................................................................................................

   ...........................................................................................................................

   authorising it to operate aircraft on flight training service at locations specified in
this licence in the Republic of Botswana.

2.   This licence is subject to conditions shown at the back of this document.

3.   Nothing in this licence authorises the operation of any flight other than in accordance with the licence holder's Approved Training Operator Certificate.

4.   This licence shall have effect from .................................. to..................................

Signed: ...................................................... Date: .......................................................

For the Civil Aviation Authority of Botswana

The following conditions will appear at the back of the above licence:

"¢    Compliance with all relevant provisions of Botswana Laws, Regulations, Orders and Directives; the Civil Aviation Authority Act; the Civil Aviations (Licensing of Air Services) Regulations and the Air Navigation Regulations as amended.

"¢   Holding a relevant Approved Training Operator Certificate issued by CAAB and pertinent Operating Specifications and requirements pursuant to the applicable regulations, prior to commencing operations.

"¢   Establishing and maintaining corporate technical, financial and administrative operating competency and efficiency.

"¢   Providing the CAAB with the following:

   (a)   certified copies of insurance documents;

   (b)   applicable training fees and associated conditions;

   (c)   regular statistics of trainees, and financial summaries; and

   (d)   any other particulars required by the CAAB.

FORM J
INTERNATIONAL AIR TRANSPORT SERVICE OPERATING AUTHORITY

(reg 41)

Letter of Authorisation

Authority is hereby granted to .................... (Airline) to operate scheduled services from

............................................... , ............................................... , Botswana.

This authorisation allows the operator to exercise the 3rd and 4th freedom rights with or without option for 5th freedom rights. Your operations are confined to the provisions of the current BASA between the two countries.

Signed ...............................................................................

Date ..................................................................................

SCHEDULE 5
INFORMATION REQUIRED

(reg 38 (2))

1.   Operator's name and address.

2.   Aircraft type, registration and flight number.

3.   Date and time of departure on journey to Botswana, route and estimated time of arrival at destination.

4.   Date and time of departure from Botswana, route and destination.

5.   Name of Captain.

6.   General nature of freight, and weight.

7.   Number and nationality of passengers.

8.   Name of charterers.

SCHEDULE 6
LIABILITY INSURANCE

(reg 67)

Item

Amount

Passenger

113 100 SDRs per passenger

Baggage

1 131 SDRs per passenger

Cargo

19 SDRs per kg

SCHEDULE 7
THIRD PARTY INSURANCE

(reg 68)

Category

(Maximum take-off Mass)
MTOM of aircraft (kg)

Minimum Insurance
(Million SDRs)

1

Up to 499

1

2

500 - 999

2

3

1 000 - 2 699

4

4

2 700 - 5 99

8

5

6 000 - 11 999

20

6

12 000 - 24 999

80

7

25 000 - 49 999

150

8

50 000 - 199 999

300

9

200 000 - 499 999

500

10

500 000 and above

700

CIVIL AVIATION (APPEALS TRIBUNAL) REGULATIONS

(section 89(2) (a) (xxxviii))

(28th September, 2012)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Appointment of Chairperson

PART II
Procedure of Appeals

   3.   Appeals to Appeals Tribunal

   4.   Lodging of documents by Authority

   5.   Hearing to be open to public

   6.   Powers of Appeals Tribunal

   7.   Appeals Tribunal to regulate its own proceedings

   8.   Representation before Appeals Tribunal

   9.   Opportunity to make submissions concerning evidence

   10.   Discontinuance, dismissal of application

   11.   Parties reaching agreement

   12.   Operation and implementation of decisions subject to appeal

   13.   Decision of Appeals Tribunal

PART III
Offences and Penalties

   14.   Failure to comply with summons

   15.   Failure to answer questions

   16.   False or misleading evidence

   17.   Contempt of Appeals Tribunal

PART IV
Miscellaneous Provisions

   18.   Immunity from suit

      SCHEDULE

S.I. 80, 2012

PART I
Preliminary (regs 1-2)

1.   Citation

   These Regulations may be cited as the Civil Aviation (Appeals Tribunal) Regulations.

2.   Appointment of Chairperson

   (1) The members of Appeals Tribunal shall appoint a Chairperson from among their number.

   (2) The Chairperson may, by an instrument in writing, delegate to a Member all or any of his or her administrative functions under these Regulations.

   (3) The power delegated under this regulation when exercised by the delegate shall, for all purposes of these Regulations, be deemed to have been exercised by the Chairperson.

PART II
Procedure of Appeals (regs 3-13)

3.   Appeals to Appeals Tribunal

   (1) A person wishing to appeal against a decision of the Authority in terms of section 80 of the Act shall-

   (a)   lodge a notice of appeal, in the form set out in the Schedule accompanied by a fee of P200; and

   (b)   cause a copy of the notice of appeal to be served on the Authority and on any other person who has an interest in the decision that is the subject of appeal.

   (2) Any appeal lodged more than the 14 days' period stipulated in section 80(2), shall be accompanied by reasons for late delivery, and the Appeals Tribunal shall determine whether it will consider the appeal, or whether, in the circumstances, it should be rejected.

4.   Lodging of documents by Authority

   (1) Subject to this regulation, the Appeals Tribunal may, by notice in writing, require the Authority to lodge with the Appeals Tribunal any documents specified in the notice to the extent that those documents are in the Authority's possession or control and were used to inform Authority's decision which is the subject matter of the appeal.

   (2) The Authority shall, within 14 days of receipt of a notice referred to in subregulation (1), lodge with the Appeals Tribunal two copies of-

   (a)   a statement giving the reasons for the decision; and

   (b)   any other document in the Authority's possession or control which informed the decision of the Authority.

   (3) If an applicant fails, without reasonable excuse, to appear at the hearing of the proceedings, the Appeals Tribunal may dismiss the application.

5.   Hearing to be open to public

   A hearing before the Appeals Tribunal shall be open to the public unless the Appeals Tribunal, on the request of either party, directs otherwise.

6.   Powers of Appeals Tribunal

   (1) The Appeals Tribunal may-

   (a)   take evidence on oath;

   (b)   proceed in the absence of a party who has had reasonable notice of the proceeding; and

   (c)   adjourn the hearing at any time.

   (2) The Appeals Tribunal may summon a person to appear before it to-

   (a)   give evidence; or

   (b)   produce books, documents or things in the possession, custody or control of that person.

   (3) Where the Appeals Tribunal considers necessary, it may-

   (a)   receive evidence by affidavit; and

   (b)   administer interrogations and require the persons to whom interrogations are administered to make a full and true reply.

   (4) The Appeals Tribunal may make an order as to costs against any party, and the order shall be enforceable in like manner to an order of the High Court.

7.   Appeals Tribunal to regulate its own proceedings

   (1) Subject to the provisions of these Regulations, the Appeals Tribunal shall regulate its own proceedings:

   Provided that all the parties to the proceedings shall have been advised by the Appeal Tribunal of the form of the procedure.

   (2) The Appeals Tribunal shall not be bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate.

   (3) Proceedings before the Appeals Tribunal may be conducted in accordance with such rules of practice and procedure as the Appeals Tribunal may specify, and it may direct the application of the rules of practice and procedure of any court of competent jurisdiction, subject to such modifications as it may direct.

   (4) Proceedings before the Appeals Tribunal shall be recorded, and the record shall show all evidence taken and all determinations, decisions and findings made in respect of the proceedings.

   (5) The Appeals Tribunal shall have such assistance from the Authority in carrying out its lawful writs, processes, orders, rules, decrees or commands as is available to a court of competent jurisdiction.

   (6) The Appeals Tribunal shall not receive or accept or compel the production as evidence anything that would be inadmissible by a court of competent jurisdiction or is protected under the laws by reason of any privilege or public interest.

   (7) The Rules of the High Court shall apply in determining any costs to be awarded for proceedings under these Regulations.

8.   Representation before Appeals Tribunal

   A party to the proceeding before the Appeals Tribunal may appear by a legal practitioner, or be represented by any other person so authorised by the party.

9.   Opportunity to make submissions concerning evidence

   The Appeals Tribunal shall give a party to the proceedings an opportunity to present his or her case and, in particular-

   (a)   to inspect any document to which the Appeals Tribunal proposes to have regard in preaching a decision; and

   (b)   to make submissions in relation to those documents.

10.   Discontinuance, dismissal of application

   An applicant may, by notice in writing, at any time, discontinue or withdraw the appeal lodged in accordance with section 81(3).

11.   Parties reaching agreement

   If, at any stage during the proceedings, the parties reach an agreement to the terms of a matter or in relation to a part of the proceedings or a matter arising out of the proceedings and the Appeals Tribunal is satisfied that a decision in those terms is within the powers of the Appeals Tribunal, it may-

   (a)   make a decision in accordance with those terms without holding a hearing or, if the hearing has commenced, without completing the hearing; or

   (b)   give effect to the terms of the agreement without dealing at the hearing with that part of the proceeding or the matter arising out of the proceeding to which the agreement relates.

12.   Operation and implementation of decisions subject to appeal

   Where an appeal is lodged with the Appeals Tribunal, the Appeals Tribunal may make an order staying or otherwise affecting the operation or implementation of-

   (a)   the decision under appeal; or

   (b)   a part of the decision, for the purposes of securing the effectiveness of the proceeding and determination of the appeal.

13.   Decision of Appeals Tribunal

   (1) The Appeals Tribunal may-

   (a)   affirm the decision of the Authority; or

   (b)   vary or set aside the decision of the Authority and remit the matter to the Authority for reconsideration in accordance with any directions or recommendations of the Appeals Tribunal.

   (2) The Appeals Tribunal shall give reasons for its decision and shall cause a copy of its decision to be served on each party to the proceedings and on any person with an interest in the decision.

   (3) Subject to subregulation (5), a decision of the Appeals Tribunal shall come into operation upon the giving of the decision or on such other date as may be specified by the Appeals Tribunal.

   (4) Where the Appeals Tribunal substitutes or varies a decision of the Authority, the decision as varied shall be deemed to be a decision of the Authority unless it orders otherwise.

   (5) A decision of the Appeals Tribunal shall have effect as and be enforceable as if it were a decision of a court of competent jurisdiction.

   (6) Subject to subregulation (8), a decision of the Appeals Tribunal shall be a public record and shall be open to the inspection by the public.

   (7) Subject to subregulation (9), the Appeals Tribunal shall publish its decisions, including reasons, in such form and manner as may be adapted for public information and use, and such publication shall be evidence of the decisions of the Appeals Tribunal in all courts of Botswana without any further proof of authentication.

   (8) The Appeals Tribunal shall not, in releasing, or allowing access to information under subregulation (6) or (7), disclose trade secrets or other confidential information.

   (9) In any proceedings before the Appeals Tribunal, a decision of the majority of the members shall be the decision of the Appeals Tribunal.

PART III
Offences and Penalties (regs 14-17)

14.   Failure to comply with summons

   A person who is served with a summons by the Appeals Tribunal under these Regulations and without reasonable excuse fails-

   (a)   to appear as a witness before the Appeals Tribunal; or

   (b)   to produce a book, document or thing,

commits an offence and is liable to a fine not exceeding P30 000 or to imprisonment for a term not exceeding one year, or to both.

15.   Failure to answer questions

   A person who appears as a witness before the Appeals Tribunal, and who without reasonable excuse, refuses or fails to answer a question that he or she is required to answer, commits an offence and is liable to a fine not exceeding P30 000 or to imprisonment for a term not exceeding one year, or to both.

16.   False or misleading evidence

   A person who appears as a witness before the Appeals Tribunal and who gives evidence that, to his or her knowledge, is false or misleading commits an offence and is liable to a fine not exceeding P30 000 or to imprisonment for a term not exceeding one year, or to both.

17.   Contempt of Appeals Tribunal

   A person who-

   (a)   interrupts the proceedings of the Appeals Tribunal;

   (b)   creates a disturbance, or takes part in creating a disturbance in or near a place where the Appeals Tribunal is sitting; or

   (c)   does any other act or thing that would, if the Appeals Tribunal were a court of record, constitute a contempt of that court,

commits an offence and is liable to a fine not exceeding P15 000 or to imprisonment for a term not exceeding six months, or to both.

PART IV
Miscellaneous Provisions (reg 18)

18.   Immunity from suit

   No action, suit, prosecution or any other proceeding may be brought or instituted personally against a person who is or was a Member of the Appeals Tribunal in respect of any act done or omitted to be done in good faith in the discharge of any function under these Regulations.

SCHEDULE
NOTICE OF APPEAL

(reg 3(1)(a))

Appellant

Date (DD/MM/YYYY)

Date of contested decision (DD/MM/YYYY)

Grounds of appeal attached

Extent of appeal decision contested in its entirety/ in part (specify to what extent) attached

Signature

Address

Plot number/Ward

Postal address

Country

Legal form of the entity (artificial or natural person)

Name of legal entity or first name and surname

ID number (natural person)

Representative (legal practitioner)

Address

Plot number/Ward

Postal address

Country

Notes

The contested decision must be clearly identified.

The appellant must file the statement of grounds of appeal with the notice of appeal.

The notice of appeal and statement of grounds must be filed in the English language.

The appeal form must be signed, dated and the name of the signatory must be indicated. All documents must be filed in triplicate plus one original.

CIVIL AVIATION (ACCIDENT AND INCIDENT INVESTIGATION) REGULATIONS

(section 68)

(21st December, 2012)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Interpretation

PART II
Investigations generally

   3.   Accident investigations

   4.   Form and conduct of investigations

   5.   Accident and Incident Investigation Manual

PART III
Accident investigations, advisors and other support personnel

   6.   Accidents Investigators

   7.   Powers of Accident Investigators

   8.   Conflict of interest

PART IV
Manner of carrying out investigations

   9.   Who may carry out investigations

   10.   Notification of accidents and incidents

   11.   Accident or incident involving civil aircraft

   12.   Notice to public

   13.   Appointment of accredited representative, advisor, etc.

   14.   Accredited representatives and advisors from contracting States

   15.   Observers

   16.   Assistance to families and survivors

   17.   Removal of damaged aircraft

   18.   Protection of evidence, custody and removal of aircraft

   19.   Flight recorders read-out

   20.   Autopsy examination

   21.   Re-opening of investigation

PART V
Investigation reports

   22.   Investigation reports

   23.   Service of notice

   24.   Publication of final report

PART VI
Reporting systems and databases, etc.

   25.   Incident reporting systems

   26.   Accident and incident database

   27.   Safety recommendations

PART VII
Public inquiries

   28.   Manner of carrying out public inquiries

   29.   Notice of inquiry

   30.   Powers of Commissioner

   31.   Proceedings at public inquiry

   32.   Submission of report by Commissioner

   33.   Re-opening of public inquiry

PART VIII
General provisions

   34.   Non-disclosure of records

   35.   Release and disposal of aircraft and wreckage

   36.   Return and disposal of records

   37.   Penalties

   38.   Revocation and savings

      SCHEDULES

S.I. 99, 2012.

PART I
Preliminary (regs 1-2)

1.   Citation

   These Regulations may be cited as the Civil Aviation (Accident and Incident Investigation) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires -

   "accredited representative" means a person designated by a State, on the    basis ofhis or her qualifications, for the purposes ofparticipating in an investigation conducted by another State;

   "advisor" means a person appointed by a State on the basis of his or her qualifications for the purpose of assisting the State's accredited representative in an investigation;

   "Air Traffic Service" means air traffic services and includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome service;

   "causes" means actions, omissions, events, conditions or a combination thereof which led to an accident or incident;

   "contracting State" means any State which is a party to the Chicago Convention;

   "Director" means the Director appointed by the Minister under section 69(2) of the Act;

   "flight recorder" means any type of recorder installed in an aircraft for the purpose of complementing accident and incident investigation;

   "investigation" means a process conducted for the purpose of finding out the cause of an accident which includes the gathering and analysis of information, the drawing of conclusions including the determination of causes and, when appropriate, the making of safety recommendations;

   "non-contracting State" means any State which is not party to the Chicago Convention;

   "pilot-in-command" means the pilot designated by the operator, or in the case ofgeneral aviation, the owner, as being in command and charged with the safe conduct of a flight;

   "preliminary report" means the communication used for the prompt dissemination of data obtained during the early stages of the investigation;

   "safety recommendation" means a proposal by the Accident Investigator- in-charge, based on the information derived from the investigation and made with the intention of preventing future accidents or incidents;

   "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 from the date 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 any 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;

   "State of design" means the State having jurisdiction over the organisation responsible for the design of the aircraft;

   "State of manufacture" means the State having jurisdiction over the organisation responsible for the final assembly of the aircraft;

   "State ofoccurrence" means the State in the territory of which an accident or incident occurs;

   "State of the operator" means the State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence; and

   "State of registry" means the State on whose register the aircraft is entered.

PART II
Investigations generally (regs 3-5)

3.   Accident investigations

   (1) Subject to section 75 of the Act, an investigation may be conducted to reveal hazards or deficiencies within the aviation system not directly connected with the causes of the accident or incident.

   (2) An investigation into an accident or incident shall include among other things-

   (a)   the gathering, recording and analysis of all available information and evidence on the accident or incident;

   (b)   the determination of the facts, conditions and circumstances pertaining to the survival or non-survival of the occupants of the aircraft;

   (c)   where possible, the determination of the cause or contributing factors of an accident or incident;

   (d)   where appropriate, the issuance of safety recommendations; and

   (e)   the completion of the final report required under regulation 22.

4.   Form and conduct of investigations

   (1) An investigation shall not be open to the public.

   (2) An Accident Investigator shall have independence and unrestricted authority in the conduct of an investigation in accordance with these Regulations.

   (3) The extent of investigations and the procedure to be followed in carrying out investigations required or authorised under these Regulations shall be determined by the Director, taking into account-

   (a)   the objective of investigation as provided by the Act;

   (b)   the lessons expected to be drawn from the aircraft accident or incident;

   (c)   the complexity of the investigation; and

   (d)   the provision of Annex 13 to the Chicago Convention.

   (4) Where, in the course of an investigation into an accident or a serious incident, it becomes known or is suspected that an act of unlawful interference was involved, an Accident Investigator-in-charge shall, after consultation with the Director-

   (a)   immediately inform the police; or

   (b)   take steps to ensure that the aviation security authorities of other contracting States concerned are informed of the fact.

   (5) Any investigation conducted in accordance with these Regulations shall be independent from any judicial or administrative proceedings to determine blameworthiness or liability.

5.   Accident and Incident Investigation Manual

   (1) The Director shall prepare an Accident and Incident Investigation Manual which shall outline in detail the policies and procedures of the functions of the accident investigation.

   (2) The manual shall also contain information and instructions on planning, investigation and reporting and any other information or instructions necessary to enable the Accident Investigators to perform their duties.

PART III
Accident investigations, advisors and other support personnel (regs 6-8)

6.   Accidents Investigators

   (1) The Director may, where-

   (a)   more than one Accident Investigator has been appointed to carry out an accident or incident investigation, appoint one of the Accident Investigators as an Accident Investigator-in-charge; and

   (b)   appropriate, appoint one Accident Investigator who shall be the Accident Investigator-in-charge.

   (2) The Accident Investigator-in-charge shall be the first point of call on any issue regarding an accident or incident investigation to which he or she is in charge of.

   (3) The Director may appoint any person or call upon the best technical expertise from any source to assist the Accident Investigator-in-charge or any other Accident Investigator in carrying out an investigation under these Regulations.

7.   Powers of Accident Investigators

   (1) In addition to the powers provided under section 72 of the Act, the Director and an Accident Investigator-in-charge shall have power to-

   (a)   order for immediate listing of evidence and the removal of debris or components for examination or analysis purposes;

   (b)   immediately access and use the contents of flight recorders, Air Traffic Services records and any other recording, which access shall be unrestricted;

   (c)   require the flight crew, passengers and aviation personnel involved in the accident or incident to undergo such other tests including breathalyser test within a reasonable time for the purposes of the investigation; and

   (d)   take measures, including the removal or the testing, for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident, where it appears to the Director, an Accident Investigator-in-charge or an Accident Investigator to be necessary for the purposes of the investigation.

   (2) Without prejudice to the generality of subregulation (1), the Director may request another contracting State to provide such information, facilities or experts as the Director may consider necessary for the purposes of an investigation.

8.   Conflict of interest

   (1) The Director shall not appoint a person as an Accident Investigator if the person is directly or indirectly, as the owner, shareholder, director, officer, partner or otherwise, engaged in-

   (a)   an air transportation undertaking or business; or

   (b)   the manufacture or distribution of air transportation plant or equipment, except where the distribution is merely incidental to the general merchandising ofgoods.

   (2) During the term of office of an Accident Investigator, in addition to the prohibitions under subregulation (1), the Accident Investigator shall not-

   (a)   accept or hold any office or employment; or

   (b)   carry on any activity, inconsistent with the performance of the investigator's duties.

PART IV
Manner of carrying out investigations (regs 9-21)

9.   Who may carry out investigations

   (1) The Director may, with the approval of the Minister, delegate the task of carrying out an investigation into an accident or a serious incident to another contracting State or accident investigation authority by mutual consent or arrangement made in a Memorandum of Understanding for a specified period oftime, or on ad hoc basis.

   (2) Where the Director delegates the task of carrying out an investigation to another contracting State or accident investigation authority, he or she shall facilitate the investigation carried out by the Accident Investigator appointed by the contracting State or accident investigation authority conducting the investigation.

   (3) The Director may carry out, or cause an Accident Investigator to carry out, an investigation into an accident or incident where the task of carrying out the investigation has been delegated to Botswana by another contracting State in accordance with paragraphs 5.1, 5.2 or 5.3 of Annex 13 to the Chicago Convention.

10.   Notification of accidents and incidents

   (1) Any person who becomes aware of an accident or a serious incident that occurs in or over Botswana or outside Botswana which involves a Botswana registered aircraft or an aircraft operated by a Botswana operator, shall, as soon as is practicable after he or she becomes aware of the accident or serious incident, notify by indicating the place where the accident has occurred, to any of the following persons by the quickest means of communication available-

   (a)   the Director;

   (b)   the nearest air traffic service or airport authority;

   (c)   the Police;

   (d)   military personnel; or

   (e)   the nearest local government authority.

   (2) The persons listed in subregulation (1) (b) to (e), shall, on being notified of an accident or serious incident, immediately notify the Director.

   (3) Subject to subregulation (1), the Director shall, not later than 24 hours after becoming aware of the accident or serious incident, record the following information-

   (a)   in the case of an accident, the identification abbreviation "ACCID" or, in the case of a serious incident, the identification abbreviation "INCID";

   (b)   the manufacturer, model, nationality, registration marks and serial number of the aircraft;

   (c)   the name of the owner, operator or hirer, if any, of the aircraft;

   (d)   the name of the pilot-in-command;

   (e)   the date and time (local time or UTC) of the accident or serious incident;

   (f)   the last point of departure and the point of intended landing of the aircraft;

   (g)   the location of the accident or incident with reference to some easily defined geographical point and the latitude and longitude;

   (h)   the number of crew members, passengers or other persons respectively killed or seriously injured as a result of the accident;

   (i)   a description of the accident or serious incident and the extent of damage to the aircraft;

   (j)   an indication as to the extent of the conduct of the investigation or the extent of the investigation proposed to be delegated by the Director;

   (k)   the physical characteristics of the area in which the accident or serious incident occurred and an indication of access difficulties or special requirements to reach the site;

   (l)   his or her identification and the originating authority; and

   (m)   the means by which the Accident Investigator-in-charge and the accident investigation authority of the State of occurrence may be contacted, where the accident or serious incident occurred outside Botswana.

   (4) Where an incident, other than a serious incident, occurs-

   (a)   in or over Botswana; or

   (b)   outside Botswana,

   which involves a Botswana registered aircraft or an aircraft operated by a Botswana operator, the relevant person or hirer of the aircraft shall send to the Director, such information as is in his or her possession or control with respect to the incident.

   (5) In this regulation "relevant person" means-

   (a)   the pilot-in-command, operator or the owner of the aircraft at the time of the accident or incident; or

   (b)   where the incident occurs on or adjacent to an aerodrome in Botswana, the owner or operator of the aerodrome.

11.   Accident or incident involving civil aircraft

   (1) Where an accident or a serious incident occurs in Botswana involving a civil aircraft, the Director shall-

   (a)   with the least possible delay and by the quickest means of communication available, forward a notification of the accident or serious incident containing information referred to in regulation 10 (3) as may be available-

      (i)   to a contracting State being the State of registry, the State of operator, the State of design or the State of manufacture, and

      (ii)   where the aircraft is of a maximum certificated take-off mass of more than 2 250 kilograms or a turbojet powered aircraft, to the International Civil Aviation Organization;

   (b)   inform the State of registry, State of operator, State of design or State of manufacture either in the communication forwarding the notification or as soon as possible as to-

      (i)   whether, and the extent to which, an investigation may be conducted or is proposed to be delegated to another contracting State; and

      (ii)   the means by which the Director and the Accident Investigator- in-charge may be contacted; and

   (c)   as soon as is practicable to do so, provide the State of registry, operator, design or manufacture with any other information referred to in regulation 10 (3) which subsequently becomes available to the Director and any other relevant information pertaining to the accident or serious incident.

   (2) The Director shall, upon receipt of a notification of an accident or an incident which occurs outside Botswana involving a Botswana registered aircraft or an aircraft operated by a Botswana operator-

   (a)   acknowledge receipt of the notification;

   (b)   where the State of occurrence, the State of registry or the State of the operator which is investigating the accident or serious incident is a contracting State, provide the State as soon as is practicable with the following information-

      (i)   any relevant information regarding the aircraft and flight crew involved in the accident or serious incident, and

      (ii)   where Botswana is the State of the operator, details of any dangerous goods on board the aircraft; and

   (c)   inform the State of occurrence, registry or of the operator-

      (i)   whether the Minister intends to appoint or has appointed an accredited representative, and

      (ii)   where the accredited representative has been appointed and may be travelling to the State in which the investigation is being carried out, the contact details and the expected date of arrival of the accredited representative in such State.

   (3) The Director may from time to time prescribe a list of incidents, in Schedule 1, to be regarded as serious incidents for the purposes of these Regulations.

12.   Notice to public

   (1) Where the Director is of the opinion that it would be desirable for a public notice to be given that an investigation is taking place, he or she may do so in such manner as he or she may deem fit.

   (2) The notice referred to in subregulation (1) may, if the Director thinks appropriate, state that any person who desires to make representations concerning the circumstances or causes of the accident or incident may do so orally or in writing within a time to be specified in the notice.

13.   Appointment of accredited representative, advisor, etc.

   (1) The Minister may appoint an accredited representative to participate in the investigation into an accident or incident which occurs in another contracting State and one or more advisors to assist the accredited representative where Botswana-

   (a)   is the State of registry, State of the operator, State of the manufacture or State of design of the aircraft involved in the accident or incident; or

   (b)   has, at the request of the contracting State conducting the investigation, provided information, facilities or experts to the State in connection with the investigation.

   (2) The Minister may appoint an expert to participate in the investigation into an accident which occurs in another contracting State where Botswana has a special interest in the accident by virtue of fatalities or injuries to citizens of Botswana.

   (3) The accredited representative and an adviser appointed by the Minister under subregulation (1) may, for the purposes of the investigation in which they are participating in, exercise all or any of the rights and powers of an Accident Investigator specified under section 72 of the Act and under regulation 7.

   (4) The Minister may, if he or she deems appropriate, authorise the Director to exercise the Minister's power under subregulation (1) either generally or in any specific manner.

14.   Accredited representatives and advisors from contracting States

   (1) Where an investigation into an accident or a serious incident is being carried out, each of the following States that is a contracting State shall be invited to appoint an accredited representative to participate in the investigation and one or more advisors to assist the accredited representative-

   (a)   the State of registry;

   (b)   the State of the operator;

   (c)   the State of the manufacture;

   (d)   the State of design;

   (e)   a State which has provided information, facilities or experts to assist in connection with the investigation; and

   (f)   a State having suffered fatalities or serious injuries to its citizens.

   (2) The operator shall be invited to participate in the investigation, when neither the State ofregistry nor the State of the operator appoints an accredited representative.

   (3) The organisations responsible for the type design and the final assembly of the aircraft shall be invited to participate in the investigation, when neither the State of design nor the State of manufacture appoints an accredited representative.

   (4) An accredited representative shall participate in all aspects of an investigation under the control of the Accident Investigator-in-charge and shall have the same powers as those of an Accident Investigator set out in section 72 of the Act.

   (5) Notwithstanding subregulation (4), participation of the accredited representative of a contracting State referred to in subregulation (1) (e) may be limited to those matters in respect of which that State has provided information, facilities or experts to the Accident Investigator-in- charge in connection with the investigation.

   (6) An advisor assisting an accredited representative shall participate in the investigation under the accredited representative's supervision and to the extent necessary to make the accredited representative's participation effective.

   (7) The accredited representative and his or her advisor appointed under subregulation (1) shall-

   (a)   provide the Accident Investigator-in-charge with all relevant information available for the investigation; and

   (b)   not disclose any information on the progress and findings of the investigation without the express consent in writing of the Director.

15.   Observers

   An accredited representative of a State or an air accident investigation authority from a State other than the State specified in regulation 13(1) may, on request, and with written permission of the Director participate in an investigation as an observer.

16.   Assistance to families and survivors

   (1) The Director shall ensure assistance to the survivors and to the families of victims and survivors of an accident which is the subject of an ongoing investigation by-

   (a)   communicating all relevant information on time;

   (b)   facilitating their entry into and exit from the country;

   (c)   facilitating the repatriation ofvictims to their country; and

   (d)   coordinating assistance efforts by the government airlines and humanitarian organisations.

   (2) The Director shall develop guidelines for better implementation of subregulation (1).

17.   Removal of damaged aircraft

   (1) Where an accident or serious incident occurs in Botswana, no person shall-

   (a)   have access to the aircraft involved in the accident or serious incident, its contents or the site of the accident or serious incident other than the Director, Accident Investigator-in-charge or an authorised person; or

   (b)   move or interfere with the aircraft, its contents or the site of the accident or serious incident except under the authority of the Director or the Accident Investigator-in-charge.

   (2) Notwithstanding subregulation (1)-

   (a)   the aircraft involved in an accident or a serious incident may be moved or interfered with to such extent as may be necessary for all or any of the following purposes-

      (i)   extricating persons or animals,

      (ii)   removing any mail, valuables or dangerous goods carried by the aircraft,

      (iii)   preventing destruction by fire or other cause, and

      (iv)   preventing any danger or obstruction to the public, air navigation or other transport; or

   (b)   where the aircraft is wrecked in water, the aircraft or any of its contents may be moved to such extent as may be necessary for bringing the aircraft or its contents to a place of safety.

   (3) Where the Director or an Accident Investigator-in-charge has authorised any person to remove any goods or passenger baggage from the aircraft or to release any goods or passenger baggage from the custody of the Director or an Accident Investigator-in-charge, that person may-

   (a)   remove the goods or passenger baggage from the aircraft subject to the supervision of a police officer; and

   (b)   release the goods or passenger baggage from the custody of the Director or the Accident Investigator-in-charge subject to clearance by or with the consent of the Botswana Unified Revenue Service, if the aircraft has come from a place outside Botswana.

   (4) Where the Director or an Accident Investigator-in-charge is of the opinion that the aircraft involved in the accident or serious incident is likely to endanger or obstruct the public, air navigation or other transport, he or she may order the owner, operator or hirer ofsuch aircraft to remove it to such place as the Director or an Accident Investigator-in- charge may indicate.

   (5) In the absence of the owner, operator or hirer, or in the event of non-compliance with the instruction given under subregulation (4), the Director or an Accident Investigator-in-charge may remove or cause the removal of the aircraft and shall not be liable for any further damage that may occur during the removal.

   (6) In this regulation, "authorised person" means any police officer or any officer of the Botswana Unified Revenue Service and includes any person authorised by the Director or the Accident Investigator-in-charge, either generally or specifically, to have access to any aircraft involved in an accident or a serious incident.

18.   Protection of evidence, custody and removal of aircraft

   (1) An Accident Investigator-in-charge shall take all reasonable measures to protect the evidence and to maintain safe custody of the aircraft and its contents for such a period as may be necessary for the purposes of an investigation.

   (2) Any person in possession of any item which may constitute evidence for purposes of an investigation under these Regulations shall hold and preserve the item and shall promptly hand the item over to an Accident Investigator-in- charge.

   (3) Protection of evidence shall include the preservation, by photographic or other means of any evidence which might otherwise be removed, effaced, lost or destroyed.

   (4) Subject to subregulation (1), safe custody shall include protection against further damage, access by unauthorised persons, pilfering and deterioration.

19.   Flight recorders read-out

   (1) An Accident Investigator-in-charge shall arrange for the read-out of the flight recorders without delay.

   (2) Where there are no adequate facilities to read-out the flight recorders, such facilities available from other States may be used taking into consideration the-

   (a)   capabilities of the read-out facility;

   (b)   timelines of the read-out; and

   (c)   location of the read-out facility.

20.   Autopsy examination

   An Accident Investigator-in-charge shall arrange for complete autopsy examination of fatally injured flight crew and, subject to particular circumstances, of fatally injured passengers and cabin crew members, by a pathologist, preferably experienced in accident or serious incident investigations.

21.   Re-opening of investigation

   (1) The Director may recommend to the Minister to re-open an investigation where new and significant evidence becomes available after an accident or serious incident investigation has been closed.

   (2) The Director may cause the investigation of an accident or incident other than a serious incident to be re-opened if evidence has been disclosed after the completion of the investigation which, in his or her opinion, is new and significant.

   (3) Where the investigation of an accident or a serious incident has been instituted by another contracting State, the Minister shall obtain the consent of the State before causing the investigation to be re-opened under subregulation (1).

   (4) Any investigation which is re-opened shall be carried out in accordance with these Regulations and Annex 13 of the Chicago Convention.

PART V
Investigation reports (regs 22-24)

22.   Investigation reports

   (1) Where an aircraft involved in an accident is of a maximum mass of over 2 250 kilograms, the Director shall send the preliminary report, by facsimile or electronic mail within 30 days of the date of the accident, to-

   (a)   the State that instituted the investigation;

   (b)   the State of Registry;

   (c)   the State of Occurrence;

   (d)   the State of the Operator;

   (e)   the State of Design;

   (f)   the State of Manufacture;

   (g)   any State that provided relevant information, significant facilities or experts;

   (h)   the International Civil Aviation Organization; and

   (i)   any other entities that the Director deems necessary.

   (2) Where an aircraft involved in an accident-

   (a)   is of a maximum mass of 2 250 kilograms or less; and

   (b)   has airworthiness related matters or matters considered as matters ofinterest by other States involved,

the Director shall send a preliminary report by facsimile or electronic mail, within 30 days, to the organisations listed in subregulation (1), except to the International Civil Aviation Organization.

   (3) The Director shall send the preliminary report referred to in subregulation (1) by facsimile or electronic mail within 30 days of the date of the accident to the International Civil Aviation Organization, unless the Accident Investigator- in-charge has sent the Accident or Incident Data Report by that time.

   (4) Where the accident involves matters directly affecting safety, the Director shall send by facsimile or electronic mail, the Accident or Incident Data Report to the International Civil Aviation Organization, as soon as the information is available.

   (5) Where aircraft involved in an accident is of a maximum mass of over 2 250 kilograms, the Director shall send, as soon as practicable after the investigation, the Accident Data Report to the International Civil Aviation Organization.

   (6) Where an aircraft involved in an incident is of a maximum mass of over 5 700 kilograms, that Director shall send, as soon as is practicable after the investigation, the Incident Data Report to the International Civil Aviation Organization.

   (7) On completion of an investigation into an accident or incident, the Director shall prepare a final report, in the format set out in Schedule 2, of the investigation in a form appropriate to the type and seriousness of the accident or incident.

   (8) Where it appears to the Accident Investigator-in-charge that the investigation of any accident or incident-

   (a)   involving a collision between a civil aircraft and a state aircraft; or

   (b)   occurring while a civil aircraft was in the course of taking off from, or landing on, an aerodrome controlled by any of the military or air forces of Botswana or by the naval, military or air forces of any country,

has been completed, but for the investigation of matters affecting the discipline or internal administration of any of those forces which are more appropriate for the investigation by some other person or body, the investigation may be treated for the purposes of subregulation (7), as if it had been completed without such matters being investigated under these Regulations.

   (9) Where any of the circumstances described in subregulation (8) exist or occur, the report of the investigation into the accident or incident shall state those matters to which the investigation has not extended by reason of subregulation (8).

   (10) The report of an investigation into an accident shall state the sole objective of the investigation as provided for under section 75 of the Act.

   (11) The report of an investigation into an accident or incident shall, subject to sections 74 and 75 of the Act-

   (a)   where appropriate, contain relevant safety recommendations;

   (b)   protect the anonymity of the persons involved in the accident or incident; and

   (c)   be published by the Minister to the parties likely to benefit from its findings with regard to safety.

   (12) The Director shall submit a copy of every final report prepared under this regulation to the Minister before dissemination to any State, person or entity as may be required under these regulations.

   (13) A copy of every final report submitted to the Minister under subregulation (12) shall be served by the Director, 10 days after the final report was submitted to the Minister, on any State, person or entity required to be served with a notice under regulation 23.

23.   Service of notice

   (1) A report prepared under regulation 22 (7) and regulation 24 shall not be published unless the Director has-

   (a)   served notice in writing and a copy of the draft final report to all the Contracting States that participated in the investigation in accordance with regulation 14 and requested for their significant and substantiated comments thereon; and

   (b)   served a notice in writing and a copy of the draft final report-

      (i)   to any person or entity if, in the Director's opinion, it is likely to adversely affect the reputation of the person or entity and requested for their significant and substantiated comments thereon, and

      (ii)   where that person is a deceased individual, upon the person who appears to the Director, at the time the Director proposes to serve notice pursuant to this subparagraph, to represent best the interest of the deceased in the matter and requested for their significant and substantiated comments thereon.

   (2) Notwithstanding the requirements of subregulation (1), the notice referred to in subregulation (1) (a) shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident or incident which may affect the person or entity on whom or in respect ofwhom the notice is served.

   (3) Any comments made in terms of subregulation (1) (a) and (b) shall be in writing and shall, subject to subregulation (4), be served on the Director within 60 days of service of the notice referred to in subregulation (1) (a).

   (4) The Director may extend the period of 60 days prescribed in subregulation (3) even where that period has expired.

   (5) Where comments are received within 60 days of the date of the service of notice or such longer period as may be agreed upon, the Director shall-

   (a)   amend the draft final report to include the substance of the comments received, as deemed appropriate; or

   (b)   where the comments are from a Contracting State and it is desired by the Contracting State that the comments be included, append the comments to the final report.

   (6) A person shall not disclose or permit to be disclosed any information contained in the notice or draft final report served to him or her under this regulation, to any person without the prior consent, in writing, of the Director.

24.   Publication of final report

   (1) The Minister shall, in accordance with section 74 of the Act, cause a final report of an investigation into an accident or incident to be made public in such manner as he or she thinks fit within 12 months of the date from the accident or incident, failing which, the Minister shall publish a progress report on the investigation into the accident or incident.

   (2) The final report referred to in subregulation (1) shall not be made public within 30 days after it has been sent out to the relevant Contracting States, persons or entities referred to in regulation 22.

PART VI
Reporting systems and databases, etc. (regs 25-27)

25.   Incident reporting systems

   (1) There shall be established by the Director a-

   (a)   mandatory incident reporting system to facilitate the collection of information on actual or potential safety deficiencies; and

   (b)   voluntary incident reporting system to facilitate the collection of information that may not be captured by a mandatory incident reporting system.

   (2) An incident reporting system established under subregulation (1) shall be non-punitive and shall afford protection to the information and to the sources of the information:

   Provided that this subregulation shall not apply in cases where there is evidence that the occurrence was caused by an act considered, in accordance with the law, to be conducted-

      (i)   with an intent to cause damage,

      (ii)   with the knowledge that damage would probably result, or

      (iii)   in a manner equivalent to recklessness, gross negligence or wilful misconduct.

   (3) Information gathered through an incident reporting system shall not be subjected to inappropriate use by the Director.

   (4) A person seeking public disclosure of the information referred to in subregulation (3) shall apply to the court for an order for the release of the information and shall satisfy the court that such disclosure-

   (a)   is necessary to correct conditions that compromise safety or to change policies and regulations;

   (b)   does not inhibit its future availability in order to improve safety;

   (c)   where relevant personal information is included in the safety information, complies with applicable privacy laws; and

   (d)   shall be made in a de-identified, summarised or aggregate form.

   (5) For purposes of this regulation, "inappropriate use" refers to the use of safety information for purposes different from the purposes for which it was collected, namely, aviation safety.

26.   Accident and incident database

   (1) The Director shall establish and maintain an accident and incident database to facilitate the effective analysis of information on actual or potential safety deficiencies obtained, including those from its incident reporting systems, and to determine any preventive actions required.

   (2) The Director may disseminate information received under subregulation (1) to users of the aviation system within and outside Botswana in order to facilitate the free exchange of information on actual and potential safety deficiencies.

27.   Safety recommendations

   (1) The Director may, at any stage of an investigation carried out under these Regulations-

   (a)   recommend to the appropriate authorities, including those in other contracting States, any preventive action that the Accident Investigator- in-charge considers necessary to be taken promptly to enhance aviation safety; and

   (b)   address, where appropriate, any safety recommendation arising out of the investigation to the accident investigation authorities of the other contracting States concerned and to the International Civil Aviation Organization.

   (2) The Director shall communicate to relevant persons or authorities in Botswana, the recommendations referred to in subregulation (1) or those received from another contracting State.

   (3) Any person or authority in Botswana to whom a recommendation has been communicated under subregulation (2) shall, without delay-

   (a)   take the recommendation into consideration and, where appropriate, act upon it;

   (b)   send to the Director-

      (i)   full details of the measures, ifany, such person or authority has taken or proposes to take to implement the recommendation, and

      (ii)   a full explanation as to why no measures shall be taken to implement the recommendation; and

   (c)   give notice to the Director if at any time any information provided to the Director in paragraph (b) is rendered inaccurate by any change of circumstances.

   (4) A recommendation for preventive action or safety recommendation shall, in no case, create a presumption of blame or liability for an accident or incident.

   (5) An opinion of an Accident Investigator-in-charge is not admissible in evidence in any legal, disciplinary or other proceedings.

   (6) Where any recommendation for prevention action or a safety recommendation has been forwarded to the Minister or to the Director by another contracting State, the Director shall notify that State of the preventive action taken or the reasons as to why no action has been taken.

PART VII
Public inquiries (regs 28-33)

28.   Manner of carrying out public inquiries

   (1) Where, in terms of section 77 of the Act, it appears to the Minister expedient in the public interest to hold a public inquiry into the circumstances and causes of, or into any particular matter relating to, an accident to which these Regulations apply, the Minister shall direct that a public inquiry be held.

   (2) The Minister shall not, unless in his or her opinion exceptional circumstances exist, direct the holding of a public inquiry until such time as he or she has received a report from Director relating to the accident in question and made to him or her in accordance with regulation 22 (7).

   (3) Where the Minister directs the holding of a public inquiry before he or she has received the report referred to subregulation (2), any investigation in progress, by an Accident Investigator-in-charge or an Accident Investigator into an accident, shall be discontinued.

   (4) The Minister shall appoint a Commissioner to direct the public inquiry.

   (5) The Commissioner shall be a person who is qualified to-

   (a)   be appointed as a judge of the High Court; or

   (b)   practise as an attorney in a court having unlimited jurisdiction in civil and criminal matters in the Commonwealth or in any country outside the Commonwealth that may be prescribed by Parliament, or in a court having jurisdiction in appeals from such a court and, has been so qualified for not less than 10 years.

   (6) The Commissioner shall be assisted in every case by not less than two assessors possessing aeronautical, engineering or other special skills or knowledge and appointed by the Minister.

   (7) Where the Minister has directed a public inquiry to be held, he or she shall remit the case to the Commissioner and the preparation and presentation of the case shall be conducted by the Commissioner and his or her assessors and, an Accident Investigator shall be designated by the Minister to render such assistance to the Commissioner as may be necessary.

29.   Notice of inquiry

   (1) Where the Minister has directed a public inquiry to be held, the Commissioner may cause a notice of inquiry (in this regulation referred to as "the notice") to be served on the owner, operator, hirer or commander of any aircraft involved in the accident and on any person who, in his or her opinion, ought to be served with the notice.

   (2) The notice shall contain a statement of the questions which the Commissioner intends to raise on the hearing of the inquiry basing on the information in his or her possession, and he or she may, by a subsequent notice, amend, add or omit any of the questions specified in the notice.

   (3) The Commissioner and the owner, operator, hirer or commander of any aircraft involved in the accident, and any other person on whom the notice of inquiry has been served shall be deemed to be parties to the public inquiry proceedings.

   (4) Any person, including the Minister, may, by leave of the Commissioner, appear in the public inquiry proceedings, and any person who so appears shall become a party to the proceedings.

   (5) An application for leave to appear may be made to the Commissioner at a preliminary meeting such as is referred to in subregulation (6).

   (6) Before the date of the holding of the public inquiry, the Commissioner may hold a preliminary meeting at which any directions may be given, or any preliminary or interlocutory order as to the procedure may be made, and any person intending to make application to the Commissioner at such a preliminary meeting shall give notice to the Director of Public Prosecutions.

30.   Powers of Commissioner

   (1) For the purposes of the public inquiry, the Commissioner shall have the powers of a magistrate and, without prejudice to those powers, the Commissioner may-

   (a)   enter and inspect, or authorise any person to enter and inspect, any place or building inspection of which appears requite to the Commissioner;

   (b)   by summons under his or her hand, require the attendance before him or her, as witnesses, of all such persons as the Commissioner thinks fit to call and examine, and require such persons to-

      (i)   answer any question,

      (ii)   furnish any information, or

      (iii)   produce any books, papers, documents and other articles whatsoever that he or she considers relevant and retain such books, papers, documents and other articles until the completion of the public inquiry; and

   (c)   administer an oath to any such witness or require any witness to make and sign a declaration of the truth of the statement made by him or her on the Commissioner's examination.

   (2) The assessors appointed to assist the Commissioner shall have the same powers of entry and inspection as are conferred on the Commissioner by subregulation (1) (a).

   (3) An affidavit may, by the permission of the Commissioner and saving all exceptions, be used as evidence at the public inquiry proceedings.

31.   Proceedings at public inquiry

   (1) During the proceedings of the public inquiry, the Commissioner may proceed whether the parties on whom a notice of inquiry has been served or any of them are present or not.

   (2) The proceedings of the inquiry shall be in public unless the Commissioner determines, in relation to the whole or part of the inquiry, that it is to be held in private in the interest of justice or the public.

   (3) The proceedings of the inquiry shall begin with the production and examination of witnesses by the Commissioner followed by the cross- examination of the witnesses by the other parties to the proceedings if need be and then re-examined by the Commissioner.

   (4) Questions asked and documents tendered as evidence in the course of examination of the witnesses by the Commissioner shall not be open to objection merely on the ground that they do or may raise questions which are not contained in or vary from the questions specified in the notice of inquiry or in a subsequent notice such as is referred to in subregulation (7).

   (5) When the examination of the witnesses is concluded, the Commissioner shall state the questions in reference to the accident and to the conduct of persons connected with the accident on which the Commissioner's opinion is desired.

   (6) In framing the questions for the Commissioner's opinion, the Commissioner shall make such amendments, additions or omissions from the questions specified in the notice of inquiry or a subsequent notice referred to in subregulation (7) as the Commissioner, having regard to the evidence that has been given, thinks fit.

   (7) After the questions for the Commissioner's opinion have been stated by the Commissioner, each party to the proceedings may address the Commissioner for the purpose of opening the evidence he or she intends to adduce or produce and, examine witnesses on his or her behalf and recall any of the witnesses who have already been examined for further examination and generally to adduce evidence, and these witnesses may be cross-examined by the other parties and then re-examined by the party producing them.

   (8) The parties shall be heard and their witnesses examined, cross- examined and re-examined in such order as the Commissioner shall direct.

   (9) Witnesses may be produced and examined by the Commissioner, cross-examined by the other parties in such order as the Commissioner shall direct and then re-examined on behalf of the Commissioner.

   (10) When all evidence in relation to the questions on which the Commissioner's opinion is desired has been concluded, any of the parties, other who wishes to address the Commissioner on that evidence may do so in such order as the Commissioner may direct, and the Commissioner may then be addressed in reply upon the whole case.

   (11) The Commissioner may adjourn the inquiry from time to time and from place to place and, where an adjournment is requested by any party to the inquiry, the Commissioner may impose such terms as to the payment of costs or otherwise as he or she thinks just as a condition of granting the adjournment.

   (12) Every person attending as a witness before the Commissioner shall be allowed such expenses as would to a witness attending before the High Court and, in the case of a dispute as to the amount to be allowed, the same shall be referred to the Registrar of the High Court who, on request signed by the Commissioner, shall determine and certify the proper amount of the expenses:

   Provided that in the case of any party to the proceedings or any person in the employment of such a party any such expenses may be disallowed by the Commissioner.

32.   Submission of report by Commissioner

   (1) The Commissioner shall submit a report to the Minister stating fully the circumstances of the case and his or her opinion on the questions on which the opinion is desired and adding any observations and recommendations which he or she thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future.

   (2) Each assessor appointed to assist the Commissioner shall, if he or she-

   (a)   assents to the Commissioner's report without reservations, subscribe the report to that effect and sign it;

   (b)   assents to the Commissioner's report but with reservations, subscribe the report to that effect, sign it and state in writing in a separate document the nature ofhis or her reservations and sign the document; or

   (c)   dissents from the Commissioner's report, decline to sign it and state in writing in a separate document his or her dissent and the reasons for it, and sign the document.

   (3) Where an assessor assents to the Commissioner's report with reservations or dissents from the report, the separate document prepared and signed by him or her in accordance with subregulation (2) shall be annexed to the Commissioner's report and submitted, together with the report, to the Minister.

   (4) The Minister shall, unless in his or her opinion there are good reasons to the contrary, cause the report of the Commissioner, together with the contents of the separate documents, if any, annexed to it in accordance with subregulation (3), to be made public in whole or in part in such manner as he or she thinks fit.

33.   Re-opening of public inquiry

   (1) The Minister may, in any case where a public inquiry has been held, direct the inquiry to be re-held, either generally or part ofit, and the Minister shall do so if-

   (a)   new and important evidence has been discovered; or

   (b)   for any reason there is, in his or her opinion, ground for suspecting that a miscarriage of justice has occurred.

   (2) Where the Minister directs any public inquiry to be re-held, he or she may direct that the inquiry shall be re-held either by the Commissioner by whom it was held in the first instance or by a new Commissioner appointed by him or her to re-hold the inquiry.

   (3) A public inquiry that is re-held shall be subject to and conducted in accordance with this Part.

PART VIII
General provisions (regs 34-38)

34.   Non-disclosure of records

   (1) Any information collected in the course of an investigation shall not be disclosed or made available to any other person other than in connection with an investigation carried out under these regulations or in compliance with an order of a court of competent jurisdiction.

   (2) The information referred to in subregulation (1) shall include but not be limited to the following-

   (a)   statements taken from persons by the investigation authorities in the course of their investigation;

   (b)   communication between persons involved in the operation of the aircraft;

   (c)   medical or private information regarding persons involved in the accident or incident;

   (d)   cockpit voice recordings and transcripts from such recordings;

   (e)   recordings and transcriptions of recordings from air traffic control units;

   (f)   cockpit airborne image recordings and any part or transcripts from such recordings; and

   (g)   opinions expressed in the analysis of information, including flight recorder information.

   (3) A record of the information referred to in subregulation (2) shall be included in the final report, in its appendices or in any other report only when it is relevant to the analysis of the accident or incident.

   (4) The names of the persons involved in the accident or incident shall not be disclosed to the public.

35.   Release and disposal of aircraft and wreckage

   (1) Where the retention of the aircraft involved in an accident or incident, parts of the aircraft or aircraft wreckage, or any contents of the aircraft is no longer necessary for the purposes of an investigation, the Director shall release custody of the aircraft, parts, wreckage or contents of the aircraft to the following person or persons-

   (a)   if it is a Botswana registered aircraft-

      (i)   the owner of the aircraft, parts, wreckage or contents of the aircraft,

      (ii)   where the owner is dead, his or her personal representative, or

      (iii)   a person authorised in writing by the owner or his or her personal representative to take custody on behalf of the owner or the owner's personal representative; or

   (b)   in any other case, to the person or persons designated by the State of registry or the State of the operator, as the case may be.

   (2) The Director shall-

   (a)   where he or she intends to release aircraft wreckage, issue a notice to persons referred to in subregulation (1); or

   (b)   where such persons cannot be traced, by publishing such notice in at least two daily newspapers of wide circulation in the State of occurrence giving details of the aircraft wreckage and specifying the period during which it should be removed.

   (3) The person to whom the notice has been issued may, before the expiry of the notice and for a good cause, apply in writing to the Director for an extension of the period within which the wreckage may be removed.

   (4) Where a person to whom the custody of the aircraft, parts, wreckage or contents of the aircraft is to be released fails to take custody within the period specified in the notice, the aircraft, parts, wreckage or contents of the aircraft may be disposed of in such manner as the Director considers fit.

   (5) The expenses incurred by the Director in disposing of the aircraft, parts, wreckage or contents of the aircraft shall be recoverable from the owner or operator of the aircraft or both.

36.   Return and disposal of records

   (1) The Director shall, after the completion of the investigation or at any time return the aircraft records or any documents containing factual information concerning an accident or incident to the persons from whom they were obtained, unless they are still required for judicial proceedings or other proceedings.

   (2) The records and information referred to in subregulation (1) not claimed by or returned to the persons from whom they were obtained may be disposed ofin any manner that the Director considers fit after a period of three years.

37.   Penalties

   (1) Any person who contravenes a provision of any regulation commits an offence and is liable to the fines set out in section 76 of the Act.

   (2) Without prejudice to the generality of subregulation (1), a person who commits the following offences is liable to the following penalties not exceeding-

   (a)   P50 000 or to imprisonment for a term not exceeding six months for failure-

      (i)   to notify or make notification of accident or incident in accordance with regulation 10,

      (ii)   to submit for medical and toxicological examination or to issue samples in accordance with the Act,

      (iii)   to appear for examination or interview, or

      (iv)   to make a signed statement in accordance with the Act;

   (b)   P100 000 or to imprisonment for a term not exceeding one year for-

      (i)   interference with evidence in accordance with the Act, or

      (ii)   failure to answer any question or furnish information, or produce any books, papers, documents in accordance with the Act;

   (c)   P150 000 or to imprisonment for a term not exceeding two years for hindering-

      (i)   access to the contents or wreckage of an aircraft in accordance with the Act,

      (ii)   access to information and records held by the owner or operator, maintenance contractor, hirer, designer, manufacturer, air traffic service, airport operator or Civil Aviation Authority in accordance with the Act,

      (iii)   the removal, testing, taking measures for the preservation of or otherwise deal any aircraft other than an aircraft involved in an accident or incident in accordance with the Act,

      (iv)   the taking possession of, examining, removing, testing or taking measures for the preservation of any object or evidence considered necessary for aircraft investigation in accordance with the Act,

      (v)   the removal of debris or components for examination or analysis purposes in accordance with regulation 7 (1) (a), or

      (vi)   access to results of examination of the bodies of victims or tests made on samples taken from the bodies of victims in accordance with the Act; or

   (d)   P300 000 or to imprisonment for a term not exceeding three years for hindrance from entering and inspecting any place, building or aircraft for the purpose of accident or incident investigation in accordance with the Act.

38.   Revocation and savings

   (1) The Civil Aviation (Investigation of Accidents) Regulations, are hereby revoked.

   (2) Notwithstanding subregulation (1), any investigaton, review or inquiry commenced under the revoked regulations shall be continued as if it was instituted under these Regulations.

SCHEDULE 1
LIST OF EXAMPLES OF SERIOUS INCIDENTS

(reg 11 (3))

The following is a list of incidents which are typical examples of incidents that are likely to be serious incidents. The list is not exhaustive and only serves as guidance to the definition of serious incident.

1.   Near collisions requiring an avoidance manoeuvre to avoid a collision or an unsafe situation or when an avoidance action would have been appropriate.

2.   Controlled flight into terrain only marginally avoided.

3.   Aborted take-offs on a closed or engaged runway, on a taxiway or unassigned runway.

4.   Take-offs from a closed or engaged runway, from a taxiway or unassigned runway.

5.   Landings or attempted landings on a closed or engaged runway, on a taxiway or unassigned runway.

6.   Gross failures to achieve predicted performance during take-off or initial climb.

7.   Fire and smoke in the passenger compartment, in cargo compartments or engine fires, even though such fires were extinguished by the use of extinguishing agents.

8.   Events requiring the emergency use of oxygen by the flight crew, cabin crew or passengers.

9.   Aircraft structural failures or engine disintegrations, including uncontained turbine engine failures, not classified as an accident.

10.   Multiple malfunctions of one or more aircraft systems seriously affecting the operation of the aircraft.

11.   Flight crew incapacitation in flight.

12.   Fuel quantity requiring the declaration of an emergency by the pilot.

13.   Runway incursions classified with severity A as defined in ICAO Doc 9870, Manual on the Prevention of Runway Incursions.

14.   Take-off or landing incidents such as under-shooting, overrunning or running off the side of runways.

15.   System failures, weather phenomena, operations outside the approved flight envelope or other occurrences which could have caused difficulties controlling the aircraft.

16.   Failures of more than one system in a redundancy system mandatory for flight guidance and navigation.

SCHEDULE 2
FORMAT OF THE FINAL REPORT

(reg 22 (7))

FORMAT

Title

The final report begins with a title comprising of the name of the operator, manufacturer, model, nationality and registration marks of the aircraft; place and date of the accident or incident.

Synopsis

A synopsis should describe briefly all relevant information regarding notification of an accident to national and foreign authorities, identification of the accident investigation authority and accredited representation, organisation of the investigation, authority releasing the report and date of publication; and concluding with a brief resume of the circumstances leading to the accident.

Body

The body of the final report comprises of the following main headings-

1.   Factual information.

2.   Analysis.

3.   Conclusions.

4.   Safety recommendations.

Appendices

Include as appropriate.

Note: In preparing a final report using this format ensure that-

   (a)   all information relevant to an understanding of the factual information, analysis and conclusions is included under each appropriate heading.

   (b)   where information in respect of any of the items in Factual information is not avail-able, or is irrelevant to the circumstances leading to the accident, a note to this effect is included under the appropriate sub-headings.

Each heading consisting of a number of sub-headings as outlined in the following-

1.   FACTUAL INFORMATION

1.1    History of the flight

   A brief narrative giving the following information-

1.1.1   Flight number, type of operation, last point of departure, time of departure (local time or UTC) and point of intended landing.

1.1.2   Flight preparation, description of the flight and events leading to the accident including reconstruction of the significant portion of the flight path ifappropriate.

1.1.3   Location (latitude, longitude, elevation) and time of the accident (local time or UTC), whether day or night.

1.2 Injuries to persons

   A completion of the following in numbers-

1.2.1   Injuries to crew, passengers and others

      Fatal

      Serious

      Minor/None

Note:    Fatal injuries include all deaths determined to be a direct result of injuries sustained in the accident. Serious injury is defined in regulation 2.

1.3 Damage to aircraft

   This includes a brief statement of the damage sustained by an air-craft in the accident (destroyed, substantially damaged, slightly da-maged, no damage).

1.4 Other damage

   This covers a brief description of the damage sustained by objects other than the aircraft.

1.5 Personal information

   This includes the following-

1.5.1   Pertinent information concerning each of the flight crew members including age, validity oflicences, ratings, mandatory checks, flying experience (total and on type) and relevant information on duty time.

1.5.2   Brief statement of qualifications and experience of other crew members.

1.5.3   Pertinent information regarding other personnel such as air traffic services, maintenance, etc., when relevant.

1.6 Aircraft information

   This includes the following-

1.6.1   Brief statement on airworthiness and maintenance of the aircraft (indication of deficiencies).

1.6.2   Brief statement on performance, if relevant, and whether the mass and centre of gravity were within the prescribed limits during the phase of operation related to the accident. (If not and if of any bearing on the accident, give details.)

1.6.3   Type of fuel used.

1.7 Meteorological information

   This includes the following-

   1.7.1   Brief statement on the meteorological conditions appropriate to the circumstances including both forecast and actual conditions, and the availability of meteorological information to the crew.

   1.7.2   Natural light conditions at the time of the accident (sunlight, moonlight, twilight, etc.).

1.8 Aids to navigation

   This includes pertinent information on navigation aids available including landing aids such as ILS, MLS, NDB, PAR, VOR, visual ground aids, etc., and their effectiveness at the time.

1.9 Communications

   This includes pertinent information on aeronautical mobile and fixed service communications and their effectiveness.

1.10 Aerodrome information

   This includes pertinent information associated with the aerodrome, its facilities and condition, or with the take-off or landing area if other than an aerodrome.

1.11 Flight recorders

   This includes location of the flight recorder installations in the aircraft, their condition on recovery and pertinent data available.

1.12 Wreckage and impact information

   This includes general information on the site of the accident and the distribution pattern of the wreckage; detected material failures or component malfunctions. Details concerning the location and state of the different pieces of the wreckage are not normally required unless it is necessary to indicate a break-up of the aircraft prior to impact. Diagrams, charts and photographs may be included in this section or attached in the Appendices.

1.13 Medical and pathological information

   This includes brief description of the results of the investigation undertaken and the pertinent data available.

Note:    Medical information related to flight crew licences should be included in personnel information.

1.14 Fire

   If fire occurred, include information on the nature of the occurrence and of the fire fighting equipment used and its effectiveness.

1.15 Survival aspects

   This includes brief description of search, evacuation and rescue, location of crew and passengers in relation to injuries sustained and failure ofstructures such as seats and seatbelt attachment.

1.16 Tests and research

   This includes brief statements regarding the results of tests and research.

1.17 Organisational and management information

   This includes pertinent information concerning the organisation and their management involved in influencing the operation of the aircraft. The organisations include, for example, the operator, the air traffic services, airway, aerodrome and weather service agencies; and the regulatory authority. The information can include, but not limited to, organisational structure and functions, resources, economic status, management policies and practices and regulatory framework.

1.18 Additional information

   This includes relevant information not already included in 1.1 to 1.17.

1.19 Useful or effective investigation techniques

   When useful or effective investigation techniques have been used during an investigation, briefly indicate the reason for using these techniques and refer to the main features as well as describing the results under the appropriate sub-headings 1.1 to 1.18.

2.   ANALYSIS

   Analyse, as appropriate, only the information documented in Factual information and which is relevant to the determination of conclusions and causes.

3.   CONCLUSIONS

   List the findings and causes established in the investigation. The list of causes should include both the immediate and the deeper systemic causes.

4.   SAFETY RECOMMENDATIONS

   As appropriate, briefly state any recommendations made for the purpose of accident prevention and any resultant corrective action.

5.   APPENDICES

   Include, as appropriate, any other pertinent information considered necessary for the understanding of the report.

CIVIL AVIATION (AERODROMES) REGULATIONS

(section 89)

(28th December, 2012)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Interpretation

PART II
Categories of aerodromes

   3.   Categories of aerodromes

PART III
Establishment of aerodromes generally

   4.   Requirements for establishment of aerodromes

   5.   Design and construction of aerodromes

   6.   Requirements for design and construction of aerodromes

   7.   Aerodrome reference code

   8.   Use of common reference systems

   9.   Register for certificates and licences

   10.   Access to aerodrome by authorised officer

PART IV
Private aerodromes

A. Private aerodrome establishment certificate

   11.   Application for aerodrome establishment certificate

   12.   Issuance of aerodrome establishment certificate

   13.   Validity of aerodrome establishment certificate

   14.   Transfer of aerodrome establishment certificate

   15.   Amendment of aerodrome establishment certificate

   16.   Renewal of aerodrome establishment certificate

   17.   Suspension of aerodrome establishment certificate

   18.   Revocation of aerodrome establishment certificate

B. Licensing of private aerodromes

   19.   Application for private aerodrome licence

   20.   Issuance of licence

   21.   Aerodrome licence

   22.   Validity of licence

   23.   Renewal of licence

   24.   Amendment of licence

   25.   Suspension of licence

   26.   Revocation of licence

   27.   Surrender of licence

   28.   Transfer of licence

PART V
Certificate for public use of aerodromes

   29.   Application for certificate for public use of aerodrome

   30.   Issuance of aerodrome certificate

   31.   Endorsement of conditions on aerodrome certificate

   32.   Validity of aerodrome certificate

   33.   Renewal of aerodrome certificate

   34.   Amendment of aerodrome certificate

   35.   Suspension of aerodrome certificate

   36.   Revocation of aerodrome certificate

   37.   Surrender of aerodrome certificate

   38.   Transfer of aerodrome certificate

   39.   Charges at aerodrome open for public use

   40.   Operator to notify and furnish information

PART VI
Obligations of an aerodrome operator

   41.   Application of Part

   42.   Conditions for operating aerodromes open for public use

   43.   Standards for physical characteristics

   44.   Competence of operational and maintenance personnel

   45.   Aerodrome operations and maintenance

   46.   Safety management system

   47.   Storage of inflammable and other dangerous goods

   48.   Safety measures against fire

   49.   Access to and operations within restricted area of aerodrome

   50.   Entry into or exit from restricted area of aerodrome

   51.   Test-running of aircraft engine

   52.   Certain acts prohibited on aerodrome

   53.   Removal of obstacle from aerodrome

   54.   Maintenance of environment management programme

   55.   Protection of navigation aids

   56.   Responsibilities of operator

   57.   Notifying and reporting

   58.   Special inspections

   59.   Warning notices

PART VII
Aerodrome operations manual

   60.   Application of Part

   61.   Requirements for aerodrome operations manual

   62.   Information to be included in aerodrome operations manual

   63.   Amendment of aerodrome operations manual

PART VIII
Wildlife hazard management

   64.   Application of Part

   65.   Restriction of animal and wildlife in aerodrome

   66.   Wildlife hazard management

   67.   Bird strike hazard reduction at aerodrome

PART VIX
Obstacle restrictions and removal

   68.   Application of Part

   69.   Requirements for obstacle limitation

   70.   Establishment of obstacle limitation surfaces

   71.   Authorisation to construct within vicinity of an aerodrome

   72.   Land use in vicinity of aerodrome

   73.   Removal of obstacle

   74.   Marking and lighting of obstacle on aerodrome

PART X
Aeronautical ground lighting

   75.   Application of Part

   76.   Establishment and maintenance of aeronautical ground lights

   77.   Secondary power supply

   78.   Aeronautical beacon

PART XI
Aeronautical visual aids

   79.   Application of Part

   80.   Wind direction indicators

   81.   Signalling lamp

   82.   Signal panel and signalling area

   83.   Markings

   84.   VOR aerodrome checkpoint marking

   85.   Aircraft stand markings

   86.   Apron safety lines

   87.   Road-holding positions

   88.   Mandatory instruction markings and signs

   89.   Information marking

   90.   Visual aids for denoting obstacles

   91.   Obstacles to be marked or lit

   92.   Visual aids for denoting restricted areas

PART XII
Aerodrome operational services, equipment, installations and facilities

   93.   Application of Part

   94.   Immigration, customs and health facilities at aerodromes

   95.   Supply of aviation fuel to aircraft

   96.   Aerodrome emergency planning

   97.   Maintenance of safety inspection programme

   98.   Maintenance of fire prevention programme

   99.   Aerodrome emergency exercise

   100.   Emergency operation centre and command post

   101.   Emergencies in difficult environment

   102.   Aerodrome rescue and fire fighting services

   103.   Removal of disabled aircraft

   104.   Apron management service

   105.   Ground servicing of aircraft

   106.   Access of ground vehicles to aerodrome movement area

   107.   Aerodrome vehicle operation

   108.   Location, construction and installation of equipment on operational areas

   109.   Fencing of aerodromes and installations

PART XIII
Aerodrome maintenance

   110.   Maintenance programme

   111.   Maintenance of pavements

   112.   Preventive maintenance of visual aids

   113.   Construction or maintenance activities during periods of low visibility operations

   114.   Works on aerodrome

PART XIV
Electrical systems

   115.   Electrical power supply systems for air navigation facilities

PART XV
Reporting of information to aeronautical information services

   116.   Application of Part

   117.   Information for users of aerodromes

   118.   Action for occurrences of operational significance

   119.   Action for occurrences affecting electronic aids, communication facilities

   120.   Aeronautical data reporting

PART XVI
Exemptions

   121.   Application of Part

   122.   Application for exemption

   123.   Initial review by Authority

   124.   Evaluation of application for exemption

PART XVII
Miscellaneous

   125.   Application of Part

   126.   Use and retention of licences, certificates, records

   127.   Replacement of certificate, licences or documents

   128.   Aeronautical user charges

   129.   Dangerous light

   130.   Lighting of en-route obstacles

   131.   Aeronautical studies

   132.   Deviations from standards

   133.   Safety inspections and audits

   134.   Obligation to insure aerodrome

   135.   Heliports

   136.   Use of military aerodromes

   137.   Accident investigation

   138.   General penalty

   139.   Savings and transition

      SCHEDULES

S.I. 101, 2012.

PART I
Preliminary (regs 1-2)

1.   Citation

   These Regulations may be cited as the Civil Aviation (Aerodromes) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires -

   "aerodrome beacon" means an aeronautical beacon used to indicate the location of an aerodrome from the air;

   "aerodrome certificate" means a certificate, to operate an aerodrome as an airport, issued by the Authority under Part V of these Regulations;

   "aerodrome elevation" means the elevation of the highest point of the landing area of the aerodrome;

   "aerodrome establishment certificate" means a certificate issued by the Authority under Part IV of these Regulations;

   "aerodrome facilities and equipment" means facilities and equipment, inside or outside the boundaries of an aerodrome that are constructed or installed and maintained for the arrival, departure and surface movement of aircraft;

   "Aerodrome licence" means a certificate to operate an aerodrome as an airfield issued by the Authority under Part IV of these Regulations;

   "aerodrome operations manual" means the manual that forms part of the application for a licence or a certificate under these Regulations;

   "aerodrome reference code" means a code used for planning purposes to classify an aerodrome with respect to the critical aircraft characteristics for which the aerodrome is intended;

   "aerodrome reference point" means the designated geographical location of an aerodrome;

   "aerodrome stands and recommended practices publications" includes the following-

   (a)   Botswana Manual of Implementing Aerodrome Standards (BMIAS);

   (b)   Botswana Airport Certification Guide; and

   (c)   Botswana Airport Inspection Guide;

   "aerodrome traffic zone" means the airspace of defined dimensions established around an aerodrome for the protection of traffic on the aerodrome;

   "aeronautical beacon" means an aeronautical ground light visible at all azimuths, either continuously or intermittently, to designate a particular point on the surface of the aerodrome;

   "aeronautical ground light" means any light specially provided as an aid to air navigation, other than a light displayed on an aircraft;

   "air navigation service unit" includes, air traffic control unit, flight information centre or air navigation services reporting office;

   "aircraft classification number (ACN)" means a number expressing the relative effect of an aircraft on a pavement for a specified standard sub-grade category;

   "aircraft stand" means a designated area on an apron intended to be used for parking an aircraft;

   "airfield" means an aerodrome with a licence;

   "airport" means an aerodrome with an aerodrome certificate;

   "apron" means a defined area, on an aerodrome on land, intended to accommodate aircraft for purposes of loading or unloading of passengers, mail or cargo, refuelling, parking or maintenance;

   "apron management service" means a service provided to regulate the activities and the movement of aircraft and vehicles on an apron;

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

   "clearway" means a defined rectangular area on the ground or water under the control of the appropriate authority, selected or prepared as a suitable area over which an aircraft may make a portion of its initial climb to a specified height;

   "critical aircraft" means the most demanding aircraft with regard to the aircraft performance and dimensions for a range of aircraft, for which the aerodrome facilities is intended;

   "declared distance" means-

   (a)   "accelerate-stop distance available (ASDA)" which is the length of the take-off run available plus the length of the stopway, if provided;

   (b)   "landing distance available (LDA)" which is the length of the runway which is declared available and suitable for the ground run of an aircraft landing;

   (c)   "take-off distance available (TODA)" which is the length of the take-off run available plus the length of the clearway, if provided; or

   (d)   "take-off run available (TORA)" which is the length of runway which is declared available and suitable for the ground run of an aircraft taking off;

   "displaced threshold" means a threshold not located at the extremity of a runway;

   "facility" includes a pavement, a visual aid, fencing, communication navigation surveillance equipment, drainage system and a building;

   "geoid" means the equipotential surface in the gravity field of the earth which coincides with the undisturbed mean sea level extended continuously through the continents;

   "hazard beacon" means an aeronautical beacon used to designate a danger to air navigation;

   "holding bay" means a defined area, on an aerodrome, where aircraft can be held, or bypassed, to facilitate efficient surface movement of aircraft;

   "human factor principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

   "human performance" means human capabilities and limitations, which have an impact on the safety and efficiency of aeronautical operations;

   "identification beacon" means an aeronautical beacon emitting a coded signal by means of which a particular point of reference can be identified;

   "instrument runway" means any of the following types of runways intended for the operation of aircraft using instrument approach procedures-

   (a)   "non-precision approach runway" which means an instrument runway served by visual aids and a non-visual aid providing at least directional guidance adequate for a straight-in approach;

   (b)   "precision approach runway, category I", which means an instrument runway served by Instrument Landing System and Microwave Landing System and visual aids intended for operation with a decision height not lower than 60 metres and either a visibility not less than 800 metres or a runway visual range not less than 550 metres;

   (c)   "precision approach runway, category II", which means an instrument runway served by Instrument Landing System and Microwave Landing System and visual aids intended for operation with a decision height lower than 60 metres but not lower than 30 metres and a runway visual range not less than 300 metres; or

   (d)   "precision approach runway, category III", which means an instrument runway served by Instrument Landing System and Microwave Landing System to and along the surface of the runway and;

      (i)   intended for decision height lower than 30 metres, or no decision height and a Runway Visual Range not less than 175 metres,

      (ii)   intended for operations with a decision height lower than 15 metres, or no decision height and a Runway Visual Range less than 175 metres but not less than 50 metres, or

      (iii)   intended for operations with no decision height and no Runway Visual Range limitations;

   "intermediate holding position" means a designated position intended for traffic control at which taxiing aircraft and vehicles shall stop and hold until further cleared to proceed, when so instructed by the aerodrome control tower;

   "landing area" means that part of a movement area, on an aerodrome, intended for the landing or take-off of aircraft;

   "lighting system reliability" means the probability that the complete installation operates within the specified tolerances and that the system is operationally usable;

   "manoeuvring area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;

   "marker" means an object, on an aerodrome, displayed above ground level in order to indicate an obstacle or delineate a boundary;

   "marking" means a symbol or group of symbols, on an aerodrome, displayed on the surface of the movement area in order to convey aeronautical information;

   "movement area" means that part of the aerodrome to be used for take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and apron;

   "non-instrument runway" means a runway intended for the operation of aircraft using visual approach procedures;

   "obstacle" means all fixed, whether temporary or permanent, and mobile objects, or parts thereof, that are located on an area intended for the surface movement of aircraft or that extend above a defined surface intended to protect aircraft in flight or stand outside those defined surfaces and that have been assessed as been a hazard to air navigation;

   "obstacle free zone (OFZ)" means the airspace above the inner approach surface, inner transitional surfaces, the balked landing surface and that portion of the strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangibly mounted one required for air navigation purposes;

   "obstacle limitation surfaces (OLS)" means a series of surfaces that define the volume of airspace at and around an aerodrome to be kept free of obstacles in order to permit the intended aircraft operations to be conducted safely and to prevent the aerodrome from becoming unusable by the growth of obstacles around the aerodrome;

   "operator" in relation to an aerodrome, means a person operating an aerodrome with a certificate or licence issued under these Regulations;

   "pavement classification number (PCN)" means a number expressing the bearing strength of a pavement for unrestricted operations;

   "primary runway" means a runway used in preference to others whenever conditions permit;

   "restricted area" has the same meaning assigned to it under the Aviation Security Act;

   "recommended practice" means any specification for the physical characteristics configuration, material, performance or procedure, the uniform application of which is recognised as desirable in the interest of safety, regularity or efficiency of international air navigation as may be prescribed by the Authority;

   "road" means an established surface route on the movement area of an aerodrome meant for the exclusive use of vehicles in an aerodrome;

   "road holding position" means a designated position, on an aerodrome, at which vehicles may be required to hold;

   "runway" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

   "runway end safety area (RESA)" means an area symmetrical about the extended runway centre-line and adjacent to the end of the strip primarily intended to reduce the risk of damage to an aircraft undershooting or overrunning the runway;

   "runway-holding position" means a designated position intended to protect a runway, an obstacle limitation surface, or an Instrument Landing System or Microwave Landing System critical or sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower;

   "runway strip" means a defined area, on an aerodrome, including the runway and stop way, if provided, intended-

   (a)   to reduce the risk of damage to aircraft running off a runway; and

   (b)   to protect aircraft flying over it during take-off or landing operations;

   "runway visual range (RVR)" means the range over which a pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

   "safety" means a state in which the risk of harm to persons or of property damage is reduced to, and maintained at or below unacceptable level through a continuing process or hazard identification and risk management;

   "safety management system" means a system for the management of safety at an aerodrome, including the organisational structure, accountabilities or responsibilities, procedures, processes and provisions for the implementation of aerodrome safety policies by an operator, which provides for the control of safety at an aerodrome and its safe use;

   "shoulder" means an area on an aerodrome adjacent to the edge of a pavement, prepared to provide a transition between the pavement and the adjacent surface in an aerodrome;

   "standard" means any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognised as necessary for the safety of air navigation as prescribed in the BMIAS;

   "stop-way" means a defined rectangular area on the ground at the end of the take-off run available, prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;

   "taxiway" means a defined path on an aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including-

   (a)   an aircraft stand taxi lane, which is a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;

   (b)   an apron taxiway, which is a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; or

   (c)   a rapid exit taxiway, which is a taxiway connected to a runway at an acute angle and designed to allow landing aircrafts to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;

   "taxiway strip" means an area on an aerodrome which includes a taxiway intended to protect aircraft operating on a taxiway and to reduce the risk of damage to an aircraft accidentally running off the taxiway;

   "threshold" means the beginning of that portion of the runway usable for landing in an aerodrome;

   "touchdown zone" means the portion of a runway beyond the threshold, intended for landing aircraft on first contact with the runway;

   "unserviceable area" means a part of the movement area on an aerodrome that is unfit and unavailable for use by aircraft;

   "vicinity" means a defined airspace around an aerodrome for control of obstacles that may infringe the obstacle limitation surfaces around the aerodrome, contained within a radius of 10 000 metres from the aerodrome perimeter fence and at a height of 45 metres above ground level;

   "visual traffic pattern" means the aerodrome traffic zone of the aerodrome; and

   "VOR" means Very High Frequency Omni-directional Radio Range;

   "wildlife" includes feral birds and domesticated animals on an aerodrome; and

   "wildlife hazard" means a potential for an aircraft collision with wildlife on or near an airport.

PART II
Categories of aerodromes (regs 3)

3.   Categories of aerodromes

   (1) In these Regulations certificated aerodromes shall be classified in the following categories-

   (a)   Category BWA comprising of public and private aerodromes which-

      (i)   are available for use by aircraft of maximum certificated take off mass of 80 000 kilograms or more,

      (ii)   are available for use by both domestic and international air traffic,

      (iii)   have air traffic services available, and

      (iv)   have the facilities of immigration, customs, re-fuelling, health, rescue fire fighting services and similar procedures available;

   (b)   Category BWB comprising of public and private aerodromes which-

      (i)   are available for use by aircraft of maximum certificated take off mass not exceeding 80 000 kilograms,

      (ii)   are available for use by both domestic and international air traffic,

      (iii)   have air traffic services available, and

      (iv)   have the facilities of immigration, customs, re-fuelling, health, rescue fire fighting services and similar procedures available; and

   (c)   Category BWC comprising of public and private aerodromes which-

      (i)   are available for use by aircraft of maximum certificated take off mass not exceeding 40 000 kilograms

      (ii)   are available for use by domestic and international air traffic,

      (iii)   have air traffic services available, and

      (iv)   have the facilities of immigration, customs, re-fuelling, health, rescue fire fighting services and similar procedures available.

   (2) In these Regulations licensed aerodromes shall be classified in the following categories-

   (a)   Category A comprising of public and private aerodromes-

      (i)   which are available for use by aircraft of maximum take-off mass not exceeding 21 000 kilograms,

      (ii)   which are available for use by domestic and international air traffic, and

      (iii)   which have facilities of immigration, customs, re-fuelling, health, rescue fire fighting services and similar procedures available with prior notice;

   (b)   Category B comprising of public and private aerodromes which are available for use by aircraft of maximum take-off mass not exceeding 5700 kilograms and only available for use by domestic air traffic;

   (c)   Category C comprising of public and private aerodromes which are available for use by aircraft of maximum take-off mass not exceeding 3500 kilograms and only available for use by domestic air traffic;

   (d)   Category D comprising of private aerodromes available for use by aircraft of maximum take-off mass not exceeding 5700 kilograms and only available for use by domestic air traffic; and

   (e)   Category E comprising of public and private aerodromes which are available for use by helicopters and only available for use by domestic air traffic.

PART III
Establishment of aerodromes generally (regs 4-10)

4.   Requirements for establishment of aerodromes

   (1) Any person who wishes to establish an aerodrome shall-

   (a)   in the case of a private aerodrome under section 55 of the Act; or

   (b)   in case of a public use of aerodromes under section 56 of the Act, comply with the requirements of these Regulations.

   (2) Before the establishment of an aerodrome under these Regulations, there shall be-

   (a)   a valid authorisation, from the relevant authority, for use of the place as an aerodrome;

   (b)   approval of an environmental impact assessment report in terms of the Environmental Assessment Act; and

   (c)   proof of ownership of the proposed aerodrome site.

5.   Design and construction of aerodromes

   (1) Any aerodrome established under these Regulations shall be designed and constructed by a person registered by the relevant authority.

   (2) The Authority shall, in the establishment of an aerodrome, inspect the site of an aerodrome before and during construction to ascertain compliance with the standards prescribed for the construction of an aerodrome.

6.   Requirements for design and construction of aerodromes

   (1) An aerodrome design shall, where applicable-

   (a)   indicate the physical characteristics of the aerodrome as set out in the BMIAS;

   (b)   indicate the obstacle limitation surfaces;

   (c)   have integrated, security measures in accordance with the Aviation Security Act;

   (d)   indicate visual aids for navigation obstacles and restricted areas;

   (e)   indicate the appropriate equipment and installations; and

   (f)   indicate the airspace classification.

   (2) The physical characteristics, obstacle limitation surfaces, visual aids and equipment and installations required under subregulation (1) shall-

   (a)   be appropriate to the characteristics of the critical aircraft which the aerodrome intends to serve;

   (b)   be at the lowest meteorological minima for each runway;

   (c)   provide ambient light conditions during the operations of aircraft at night; and

   (d)   comply with the appropriate aerodrome design standards as set out in the BMIAS.

7.   Aerodrome reference code

   (1) An aerodrome reference code shall be used for aerodrome planning purposes.

   (2) The aerodrome reference code number and code letter shall be determined in accordance with specifications set out in Table 1 of Schedule 2.

8.   Use of common reference systems

   (1) An operator shall use the World Geodetic System - 1984 (WGS- 84) as the horizontal reference system to express aeronautical geographical coordinates for aerodromes.

   (2) The Mean Sea Level datum shall be used as the vertical reference system (elevation) at aerodromes.

   (3) Except where notified in the AIP or AIC the Gregorian calendar and Coordinated Universal Time shall be used as the temporal reference system.

9.   Register for certificates and licences

   (1) The Authority shall maintain a register of all certificates and licences issued in accordance with these Regulations.

   (2) The register shall contain-

   (a)   the full name, nationality, postal or electronic mail address, telephone or facsimile number of the operator;

   (b)   the name and location of the aerodrome for which a certificate or licence is issued;

   (c)   the certificate or licence number;

   (d)   the certificate or licence expiry date;

   (e)   the date on which the certificate or licence was issued; and

   (f)   any other information considered relevant by the Authority.

10.   Access to aerodrome by authorised officer

   (1) The Authority shall, before an aerodrome certificate or aerodrome licence is issued or renewed and, subsequently, at any other time, for the purpose of ensuring that safety at an aerodrome is maintained-

   (a)   inspect and carry out tests on the aerodrome facilities, services and equipment;

   (b)   inspect the documents and records of the aerodrome; and

   (c)   verify the safety management system of the aerodrome.

   (2) An authorised officer under this regulation shall be issued with an identification document and a delegation letter from the Chief Executive officer outlining-

   (a)   the specific authority to access and inspect aerodromes;

   (b)   enforcement action to be taken against an operator for non- compliance with these Regulations; and

   (c)   the producers for the continued inspection of aerodromes in accordance with aerodrome standards.

   (3) An operator shall, in order to facilitate the functions specified in subregulation (1), allow an authorised officer access to any part of the aerodrome or any aerodrome facility, including equipment, records, documents and personnel.

   (4) Any costs involved in providing transport for the purpose of inspecting an aerodrome, in connection with the issuing of a licence or renewal of a licence, shall be borne by the operator or licensee.

   (5) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or both.

PART IV
Private aerodromes (regs 11-18)

A. Private aerodrome establishment certificate

11.   Application for aerodrome establishment certificate

   (1) A person shall not establish a private aerodrome unless that person has applied and has been issued, by the Authority, an aerodrome establishment certificate.

   (2) An application for an aerodrome establishment certificate shall be considered for approval by the Authority, if-

   (a)   the applicant holds a valid authorisation from the relevant local authority for use of the place as an aerodrome;

   (b)   the applicant holds a valid authorisation from the relevant local authority responsible for national environment management; and

   (c)   the applicant holds proof of ownership or lease hold of the proposed aerodrome site.

   (3) The Authority shall prior, to issuing an aerodrome establishment certificate, assess the suitability of the place proposed for construction taking into consideration-

   (a)   the proximity of the place to other aerodromes including military aerodromes;

   (b)   obstacles, terrain and existing airspace restrictions; and

   (c)   that it is not against public interest that the place where the aerodrome is to be constructed should be used as such.

   (4) An applicant shall submit an application for an aerodrome establishment certificate to the Authority for approval, in Form A set out in Schedule 1, accompanied by-

   (a)   a detailed design of the proposed construction including related architectural requirements;

   (b)   aerodrome data in accordance with the characteristics of the critical aircraft for which the aerodrome is intended;

   (c)   a topographical map of the proposed aerodrome site as specified by the Authority indicating contours at one metre intervals; and

   (d)   such fees as specified in Schedule 7.

   (5) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or both.

12.   Issuance of aerodrome establishment certificate

   (1) The Authority shall issue, in Form B set out in Schedule 1, an aerodrome establishment certificate for the establishment of an aerodrome, to an applicant who complies with the requirements of regulation 11.

   (2) The Authority may refuse to grant an aerodrome establishment certificate to an applicant and where the Authority refuses, it shall notify the applicant in writing, of the reasons for the refusal, not later than 14 days after making that decision.

13.   Validity of aerodrome establishment certificate

   An aerodrome establishment certificate issued under regulation 12 shall be valid for a period of three years or the duration of the establishment, unless the construction of the aerodrome is not in compliance with regulation 6.

14.   Transfer of aerodrome establishment certificate

   (1) An aerodrome establishment certificate shall not be transferable without the prior approval, in writing, of the Authority, and any purported transfer of a controlling interest in the operations of establishing an aerodrome is void and of no effect.

   (2) For the purpose of this regulation, the transfer of a controlling interest in the operations of establishing an aerodrome includes a transfer of the aerodrome establishment certificate.

15.   Amendment of aerodrome establishment certificate

   (1) An operator who wishes to amend a certificate to change the names appearing therein shall make an application to the Authority in Form C set out in Schedule 1 and accompanied by-

   (a)   a certified copy of the current aerodrome establishment certificate; and

   (b)   a court order, or any other legal document verifying the change of name of the operator.

   (2) The Authority shall, where the requirements of subregulation (1) are satisfied, change the name appearing on an aerodrome establishment certificate and issue a replacement aerodrome establishment certificate with the appropriate endorsement.

   (3) The Authority shall retain copies of the documents submitted under subregulation (1).

   (4) An operator, shall inform the Authority of-

   (a)   any change in the physical address appearing on an aerodrome establishment certificate, at least 14 days before the change; and

   (b)   the mailing address, upon the change.

   (5) Where the operator does not inform the Authority of a change in the physical address within the time specified in subregulation (4), the Authority may suspend the aerodrome establishment certificate.

   (6) An operator shall only amend an aerodrome establishment certificate and the design plans with the written approval of the Authority.

   (7) The Authority shall impose an administrative fine of P50 000 on a person who fails to comply with a requirements of this regulation.

16.   Renewal of aerodrome establishment certificate

   (1) An application for the renewal of an aerodrome establishment certificate shall be made to the Authority in Form D set out in Schedule 1 and shall be accompanied by, where applicable-

   (a)   any particulars of deviations, if any, from the appropriate design, operation or equipment standards;

   (b)   the particulars of the appropriate airspace classification requirements; and

   (c)   such fees as specified in Schedule 7.

   (2) An application for the renewal of an aerodrome establishment certificate shall be submitted 30 days before the expiry of the aerodrome establishment certificate.

   (3) The Authority shall renew an aerodrome establishment certificate subject to the applicant complying with these Regulations, any standards set by the Authority and any other conditions specified or notified by the Authority as determined by safety inspections and audit procedures.

   (4) The Authority shall impose an administrative fine of P25 000 on a person who fails to renew an aerodrome establishment certificate or comply with a requirement of this regulation.

17.   Suspension of aerodrome establishment certificate

   (1) The Authority may suspend an aerodrome establishment certificate where-

   (a)   following a safety inspection or audit, it is evident that the operator has not complied with these Regulations and has failed to remedy any non-compliance within a period of 30 days after the inspection;

   (b)   the operator-

      (i)   prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations, or

      (ii)   is under receivership, liquidation or bankruptcy proceedings; or

   (c)   it is deemed necessary by the Authority, in the interest of aviation safety.

   (2) The Authority may, on giving reasons to the operator, suspend an aerodrome establishment certificate for a period not exceeding 60 days.

   (3) An operator who is notified of a suspension of an aerodrome establishment certificate under subregulation (2) may submit a response in writing, within 14 days of notification of the suspension.

   (4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations for establishing the aerodrome pending receipt of a response from the operator.

   (5) An operator who is aggrieved by the suspension of an aerodrome establishment certificate may appeal against the suspension, not later than 14 days immediately after the day on which the suspension was communicated to him or her, to the Appeals Tribunal in terms of section 80(1 )(b) of the Act.

18.   Revocation of aerodrome establishment certificate

   (1) The Authority shall revoke an aerodrome establishment certificate where-

   (a)   the operator has abandoned operations on the establishment of the aerodrome; or

   (b)   the operator is in breach of any condition subject to which the aerodrome establishment certificate is issued, including any approval, permission or exemption.

   (2) Where the Authority revokes an aerodrome establishment certificate under this regulation, the Authority shall publish, in at least one local newspaper with wide circulation, a notice to that effect.

B. Licensing of private aerodromes

19.   Application for private aerodrome licence

   (1) A person shall not operate an aerodrome in Categories A, B, C, D and E without a licence issued by the Authority under section 55(1) and (2) of the Act.

   (2) An application for a licence, under subregulation (1), shall be made to the Authority in Form C set out in Schedule 1 and accompanied by-

   (a)   a copy of an approved aerodrome operations manual;

   (b)   a plan for the aerodrome;

   (c)   an environmental impact assessment report on the aerodrome;

   (d)   approval of the establishment of the aerodrome from the relevant local authority;

   (e)   particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

   (f)   particulars of the airspace classification requirements;

   (g)   a copy of the establishment certificate; and

   (h)   any fees as specified in Schedule 7.

   (3) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

20.   Issuance of licence

   (1) The Authority shall issue an aerodrome licence to an applicant, in Form D set out in Schedule 1, authorising the applicant to operate the aerodrome as an airfield, where-

   (a)   the applicant is found to be competent to operate an aerodrome on consideration of-

      (i)   any previous conduct and experience of the applicant, where applicable,

      (ii)   the equipment used by the applicant,

      (iii)   the organisation, staffing and maintenance of the aerodrome, or

      (iv)   any other arrangements made by the applicant;

   (b)   the physical characteristics of the aerodrome and its surroundings are safe for use by aircraft;

   (c)   in accordance with section 57(1) of the Act, suitable facilities at the aerodrome are made available to the relevant Government authorities and agencies for the provision of customs, immigration and health services; and

   (d)   the applicant complies with the Aviation Security Act.

   (2) The Authority shall issue a licence subject to an applicant complying with these Regulations, the standards prescribed by the Authority and any other condition as may be specified or notified by the Authority in accordance with the requirements for safety audit and inspection.

   (3) The Authority may refuse to grant a licence to an applicant and where the Authority refuses, it shall notify the applicant in writing, of the reasons for the refusal, not later than 14 days after making that decision.

21.   Aerodrome licence

   An aerodrome licence issued under regulation 20 shall specify-

   (a)   the aerodrome category for which the aerodrome is licensed;

   (b)   the restrictions, if any, relating to non-compliance with or deviations from the appropriate aerodrome design, operation or equipment standards; and

   (c)   the period of validity of the licence.

   (2) The status of the aerodrome, its certificate number, associated conditions and the relevant information, shall be published in the AIP.

22.   Validity of licence

   A licence issued under this Part shall be valid for a period of one year and may be renewed after the validity period unless the licence is suspended or revoked by the Authority in accordance with these Regulations.

23.   Renewal of licence

   (1) An application for the renewal of a licence shall be made to the Authority in Form C set out in Schedule 1 and shall be accompanied by, where applicable-

   (a)   a copy of the approved aerodrome operations manual;

   (b)   particulars of deviations, if any, from the appropriate design, operation or equipment standards;

   (c)   particulars of the appropriate airspace classification requirements; and

   (d)   any fees specified in Schedule 7.

   (2) An application for the renewal of a licence shall be submitted 30 days before the expiry of the licence.

   (3) The Authority shall renew a licence subject to the applicant complying with these Regulations, the standards prescribed by the Authority and any other conditions specified or notified by the Authority as determined by safety inspections and audit procedures.

   (4) The Authority shall impose an administrative fine of P25 000 on a person who fails to renew a licence or comply with a requirement of this regulation.

24.   Amendment of licence

   (1) An operator who wishes to amend a licence shall make an application to the Authority, in Form C set out in Schedule 1, accompanied by-

   (a)   a copy of an approved aerodrome operations manual;

   (b)   a plan for the aerodrome;

   (c)   an environmental impact assessment report of the aerodrome;

   (d)   particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

   (e)   particulars of the airspace classification requirements; and

   (f)   fees as specified in Schedule 7.

   (2) The Authority may where necessary, provided the requirements of regulations 62 and 63 are met, amend the licence-

   (a)   in respect of a change in the use or operation of the aerodrome;

   (b)   in respect of a change in the boundaries of the aerodrome;

   (c)   where the operator requests for a variation; or

   (d)   where the Authority deems it necessary.

   (3) An application to change the name appearing on a licence shall be accompanied by-

   (a)   a certified copy of the current licence; and

   (b)   a court order, or any other legal document verifying the change of name of the operator.

   (4) The Authority shall, where the requirements of subregulation (1) are satisfied, change the name appearing on a licence and issue a replacement licence with the appropriate endorsement.

   (5) The Authority shall retain copies of the documents submitted under subregulation (3).

   (6) An operator shall inform the Authority of-

   (a)   any change in the physical address appearing in the licence, at least 14 days before the change; and

   (b)   the mailing address, upon the change.

   (7) The Authority shall impose an administrative fine of P50 000, on a person who fails to comply with a requirement of this regulation.

25.   Suspension of licence

   (1) The Authority may suspend a licence where-

   (a)   following a safety inspection or audit, it is evident that an operator has not complied with these Regulations and has failed to remedy any non-compliance within a period of 30 days after the inspection;

   (b)   an operator-

      (i)   prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations, or

      (ii)   is under receivership, liquidation or bankruptcy proceedings; or

   (c)   it is deemed necessary by the Authority, in the interest of aviation safety.

   (2) The Authority may, on giving reasons to a licensee, suspend a licence for a period not exceeding 60 days.

   (3) An operator who is notified of a suspension of a licence under subregulation (2) may submit a response in writing, within 14 days of notification of the suspension.

   (4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the operator.

   (5) An operator who is aggrieved by the suspension of a licence may appeal against the suspension not later than 14 days immediately after the day on which the suspension was communicated to the operator, to the Appeals Tribunal under section 80(1)(b) of the Act.

26.   Revocation of licence

   (1) The Authority shall revoke a licence where-

   (a)   an operator has abandoned the aerodrome;

   (b)   an aerodrome is not maintained in accordance with the conditions of the licence; or

   (c)   an operator is in breach of any condition subject to which the licence is issued, including any approval, permission or exemption.

   (2) Where the Authority revokes a licence under this regulation, the Authority shall publish, in at least one local newspaper with wide circulation, a notice to that effect.

27.   Surrender of licence

   (1) Subject to subregulation (2), an operator may surrender his or her licence to the Authority at any time.

   (2) An operator who wishes to surrender a licence shall give the Authority 60 days notice in writing, of the intention to surrender the licence.

   (3) The Authority shall revoke the licence upon the expiry of the period of notice in subregulation (2).

   (4) Where, after the expiry of the period provided in subregulation (2), the aerodrome whose licence is surrendered, the licensee shall remove, obliterate or modify the prescribed markings made on the aerodrome.

28.   Transfer of licence

   (1) A licence is not transferable and any purported transfer of a controlling interest in the operations of an aerodrome is void and of no effect.

   (2) For the purpose of this regulation, transfer of a controlling interest in the operations of an aerodrome includes a transfer of the aerodrome licence.

PART V
Certificate for public use of aerodromes (regs 29-40)

29.   Application for certificate for public use of aerodrome

   (1) A person shall not operate an aerodrome as a category BWA, BWB and BWC aerodrome, without a certificate issued by the Authority in accordance with this Part.

   (2) Where-

   (a)   an applicant applies to the Authority, in Form E set out in Schedule 1, to open an aerodrome for public use; or

   (b)   the Authority considers that an aerodrome should be opened for public use, the Authority may issue the applicant with a certificate for the public use of the aerodrome, in Form F set out in Schedule 1 subject to a condition that the aerodrome shall at all times be available for public use on such terms and conditions as may be stipulated by the Authority in the certificate.

   (3) An application for a certificate, under subregulation (1), shall be accompanied by-

   (a)   three hard copies and three compact disc copies of the aerodrome operations manual;

   (b)   a plan for the aerodrome;

   (c)   an environmental impact assessment report on the aerodrome;

   (d)   approval of the establishment of the aerodrome from the relevant authority responsible for national environmental management;

   (e)   particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

   (f)   a copy of an aerodrome establishment certificate;

   (g)   particulars of the airspace classification requirements;

   (h)   proof of financial capability to operate the aerodrome safely in accordance with the Aviation Security Act; and

   (i)   any fees as specified in Schedule 7.

   (4) A person who contravenes a provision of this regulation 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.

30.   Issuance of aerodrome certificate

   (1) Subject to section 56 of the Act, the Authority may issue a certificate for the public use of an aerodrome to an applicant, authorising the applicant to operate an aerodrome as an airport, if-

   (a)   the proposed aerodrome operations manual is approved by the Authority pursuant to the standards set out in the BMIAS are met; or

   (b)   on the basis of an aeronautical study, the Authority determines that-

      (i)   the level of safety at the aerodrome is equivalent to that provided for by the standards set out in the BMIAS, and

      (ii)   the issuance of an aerodrome certificate is in the public interest and not detrimental to aviation safety.

   (2) Where an aerodrome does not meet a standard set out in the BMIAS, the Authority may specify in the aerodrome certificate such conditions relating to the subject matter of the standard as are necessary to ensure a level of safety equivalent to that established by the standard and as are necessary in the public interest and to ensure aviation safety.

   (3) The Authority shall issue an aerodrome certificate in the Form F of Schedule 1, where the Authority is satisfied that-

   (a)   the applicant has the necessary competency and experience to operate and maintain an aerodrome;

   (b)   the personnel of the applicant are adequate in number and have the necessary competency and experience to operate and maintain an aerodrome;

   (c)   the aerodrome operations manual prepared for the aerodrome and submitted with the application contains all the relevant information;

   (d)   the aerodrome facilities, services and equipment are established in accordance with approved standards and recommended practices;

   (e)   the aerodrome operating procedures make satisfactory provision for the safety of aircraft;

   (f)   an approved safety management system is in place;

   (g)   a copy of an approved Safety Management System Manual contains all the relevant information set out in Schedule 3;

   (h)   the applicant has an approved aviation security programme in accordance with the Aviation Security Act ; and

   (i)   the applicant has met any other aerodrome requirements as may be set out in the BMAIS.

   (4) The Authority shall issue the certificate subject to the applicant complying with these Regulations, standards prescribed by the Authority and any other condition as may be specified or notified by the Authority in accordance with the requirements for safety audit and inspection.

   (5) The Authority may refuse to issue a certificate to an applicant and where the Authority refuses, it shall notify the applicant in writing, of the reasons for the refusal, not later than 14 days after making that decision.

31.   Endorsement of conditions on aerodrome certificate

   Where an applicant meets the requirements of this Part, the Authority shall when issuing the certificate for the public use of an aerodrome, endorse the conditions for the type of use of the aerodrome and other conditions as specified in the certificate and the information shall be published in the AIP.

32.   Validity of aerodrome certificate

   A certificate for the public use of an aerodrome shall be valid for a period of five years, unless if it is suspended or revoked, whichever is earlier.

33.   Renewal of aerodrome certificate

   (1) An application for the renewal of a certificate for the public use of an aerodrome shall be made to the Authority in Form E in Schedule 1 and shall be accompanied by, where applicable-

   (a)   the aerodrome manual;

   (b)   the particulars of deviations, if any, from the appropriate design, operation or equipment standards;

   (c)   the particulars of the appropriate airspace classification requirements;

   (d)   proof of financial capability to operate the aerodrome safely; and

   (e)   fees as specified in Schedule 7.

   (2) An application for the renewal of the certificate shall be submitted 30 days before the expiry of the licence.

   (3) The Authority shall renew the certificate subject to the applicant complying with these Regulations, the standards prescribed by the Authority and any other conditions specified or notified by the Authority as determined by safety inspections and audit procedures.

   (4) The Authority shall impose an administrative fine of P50 000 on a person who fails to renew a licence or to comply with a requirement of this regulation.

34.   Amendment of aerodrome certificate

   (1) An operator who wishes to amend a certificate for the public use of an aerodrome shall make an application to the Authority, in Form E set out in Schedule 1, accompanied by-

   (a)   one hard copy and one compact disc copies of the aerodrome manual;

   (b)   a plan for the aerodrome;

   (c)   an environmental impact assessment report of the proposed upgrade;

   (d)   particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards;

   (e)   particulars of the airspace classification requirements; and

   (f)   fees as specified in Schedule 7.

   (2) The Authority may where necessary, provided the requirements of regulations 62 and 63 are met, amend the certificate-

   (a)   in respect of a change in the use or operation of the aerodrome;

   (b)   in respect of a change in the boundaries of the aerodrome;

   (c)   where an operator requests for an amendment; or

   (d)   where the Authority deems it necessary.

   (3) An application to change the name appearing on a certificate shall be accompanied by-

   (a)   a certified copy of the current certificate; and

   (b)   a court order, or any other legal document verifying the change of name of the operator.

   (4) The Authority shall, where the requirements of subregulation (1) are satisfied, change the name appearing on a certificate and issue a replacement certificate with the appropriate endorsement.

   (5) The Authority shall retain copies of the documents submitted under subregulation (3).

   (6) The operator shall inform the Authority of-

   (a)   any change in the physical address appearing in the certificate, at least 14 days before the change; and

   (b)   the mailing address, upon the change.

   (7) The Authority shall impose an administrative fine of P50 000 on a person who fails to comply with a requirement of this regulation.

35.   Suspension of aerodrome certificate

   (1) The Authority may suspend a certificate for the public use of an aerodrome where-

   (a)   following a safety inspection or audit, it is evident that the operator has not complied with these Regulations and has failed to remedy any non-compliance within a period of 30 days after the inspection;

   (b)   the operator-

      (i)   prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations, or

      (ii)   is under receivership, liquidation or bankruptcy proceedings; or

   (c)   an operator is in breach of any condition subject to which the certificate is issued, including any approval or exemption; and

   (d)   it is deemed necessary by the Authority, in the interest of aviation safety.

   (2) The Authority may, on giving reasons to the operator, suspend a certificate for a period not exceeding 60 days.

   (3) An operator who is notified of a suspension of a certificate under subregulation (2) may submit a response in writing, within 14 days of notification of the suspension.

   (4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the operator.

   (5) An operator who is aggrieved by the suspension of a certificate may appeal against the suspension, no later than 14 days immediately after the day on which the suspension was communicated to the operator, to the Appeals Tribunal under section 80(1)(b) of the Act.

36.   Revocation of aerodrome certificate

   (1) The Authority shall revoke a certificate for the public use of an aerodrome where-

   (a)   the operator has abandoned the aerodrome;

   (b)   an aerodrome is not maintained in accordance with the conditions of the certificate; or

   (c)   the operator is in breach of any condition subject to which the certificate is issued, including any approval, permission or exemption.

   (2) Where the Authority revokes a certificate under this regulation, the Authority shall publish, in at least one local newspaper with wide circulation, a notice to that effect.

   (3) Any person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

37.   Surrender of aerodrome certificate

   (1) Subject to subregulation (2), an operator may surrender an aerodrome certificate to the Authority at any time.

   (2) An operator who wishes to surrender an aerodrome certificate shall give the Authority 90 days' notice in writing, of the intention to surrender the aerodrome certificate.

   (3) The Authority shall revoke the aerodrome certificate upon the expiry of the period of notice in subregulation (2).

   (4) Where, after the expiry of the period provided in subregulation (2), the airport whose aerodrome certificate is surrendered, the certificate holder shall remove, obliterate or modify the prescribed markings made on the aerodrome.

   (5) The Authority shall impose an administrative fine of P50 000 on an aerodrome operator who fails to furnish information in accordance with a provision of this regulation.

38.   Transfer of aerodrome certificate

   (1) An aerodrome certificate shall not be transferable to any person without the prior approval, in writing, of the Authority, and any purported transfer of the certificate is void and of no effect.

   (2) The Authority shall transfer an aerodrome certificate to a transferee where-

   (a)   the operator, at least 60 days before ceasing to operate the airport, notifies the Authority in writing that he or she will cease to operate the airport as of the date specified in the notice;

   (b)   the operator notifies the Authority in writing of the name of the transferee;

   (c)   the transferee applies in writing to the Authority, within 60 days, before the operator ceases to operate the aerodrome, for the certificate to be transferred to the transferee; and

   (d)   the requirements set out in regulations 56, 62 and 63 are met.

   (3) An application referred to in subregulation (2)(c) shall include a copy of the notice referred to in subregulation (2)(a).

39.   Charges at aerodrome open for public use

   (1) An operator shall prescribe the charges, approved by the Authority, for the public use of an aerodrome or for any facilities provided at an aerodrome open for public use for the safety, security, efficiency or regularity of air navigation.

   (2) An operator shall, where required by the Authority, furnish the Authority with the particulars of the charges levied for the public use of an aerodrome or the performance of services at the aerodrome.

   (3) Notwithstanding subregulation (1), the Authority may where necessary, prescribe the maximum charges which may be levied for the public use of an aerodrome or the performance of services at an aerodrome, for a specified period.

   (4) Where the Authority prescribed the charges for public use of an aerodrome, under subregulation (3), the operator shall not cause or permit any charges to be made in contravention of that subregulation.

   (5) Where the Authority prescribes charges for the public use of an aerodrome, the operator shall cause the prescribed charges to be posted in a conspicuous place at the aerodrome.

   (6) The Authority shall impose an administrative fine of P25 000 on an aerodrome operator who fails to comply with a requirement of this regulation.

40.   Operator to notify and furnish information

   (1) An operator shall-

   (a)   in the case of a certificate for the public use of an aerodrome, cause to be notified the times during which the aerodrome is to be available for take-off and landing of aircraft for public transport or instruction in flying; and

   (b)   upon request by an authorised person for information concerning the terms of the certificate,

furnish the authorised person with the necessary information.

   (2) The Authority shall impose an administrative fine of P50 000 on an aerodrome operator who fails to furnish information in accordance with a provision of this regulation.

PART VI
Obligations of an aerodrome operator (regs 41-59)

41.   Application of Part

   This Part shall apply to all categories of aerodromes except where otherwise specified.

42.   Conditions for operating aerodromes open for public use

   (1) An operator shall not operate a certificated aerodrome or licensed aerodrome under these Regulations unless the facilities and characteristics of the aerodrome are effectively related and match the needs of the aircraft for which the aerodrome is intended.

   (2) The Authority shall impose an administrative fine of P50 000 on a person who fails to comply with a requirement of this regulation.

43.   Standards for physical characteristics

   (1) An operator shall not operate an aerodrome unless the physical characteristics of the aerodrome comply with the standards specified by the Authority and any publications as may be published or approved by the Authority.

   (2) The Authority shall impose an administrative fine of P50 000 on a person who fails to comply with a requirement of this regulation.

44.   Competence of operational and maintenance personnel

   (1) An operator shall ensure that there is an adequate number of qualified and skilled personnel to perform the activities relevant for aerodrome operation and maintenance.

   (2) Where the Authority requires a competence certificate for the personnel of an aerodrome, the operator shall employ personnel with the required qualifications.

   (3) An operator shall, where appropriate, implement programmes to upgrade the competency of personnel.

   (4) The Authority shall impose an administrative fine of P50 000 on a person who fails to comply with a requirement of this regulation.

45.   Aerodrome operations and maintenance

   (1) Subject to any directives issued by the Authority, an operator shall operate and maintain an aerodrome in accordance with the procedures set out in the aerodrome operations manual.

   (2) The Authority may give written directives to an operator to alter the procedures set out in an aerodrome operations manual.

   (3) An operator shall ensure that there is proper and efficient maintenance of the facilities of the aerodrome.

   (4) Where air navigation services are provided at an aerodrome, an operator shall coordinate with the air navigation services to ensure the safety of any aircraft associated with the aerodrome operating in the airspace.

   (5) An operator shall ensure that all organisations performing activities at an aerodrome comply with aerodrome safety requirements.

   (6) The Authority shall impose an administrative fine of P25 000 on an aerodrome operator who fails to comply with a requirement of this regulation.

46.   Safety management system

   (1) An operator shall have a safety management system that complies with the requirements specified in Schedule 3.

   (2) The Authority shall impose an administrative fine of P50 000 on an aerodrome operator who does not have a safety management system.

   (3) This regulation shall not apply to aerodromes in categories B, C, D and E.

47.   Storage of inflammable and other dangerous goods

   (1) An operator shall not store fuel, pyrotechnic stores and other highly inflammable goods or other dangerous goods at an aerodrome except with the permission of the Authority and in accordance with any prescribed standards.

   (2) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

   (3) This regulation shall not apply to aerodromes in categories C, D and E.

48.   Safety measures against fire

   (1) A person shall not, in an aerodrome-

   (a)   smoke within any place or bring an open flame into any place, where that act is prohibited by a displayed notice;

   (b)   where there is no notice prohibiting smoking in a place, smoke within that place or bring an open flame into that place within a distance of an aircraft or of any vehicle used for the supply of fuel to an aircraft, or a store, dump, liquid fuel or explosives, as may be prescribed;

   (c)   wilfully give a false fire alarm;

   (d)   tamper or interfere with any fire hose reel, hydrant or any other item of equipment provided for fire fighting purposes;

   (e)   keep, store, discard or discharge any flammable liquid, gas, signal flares or other like material in an aircraft, except in the receptacle appropriate for the purpose or in a place on the aerodrome specifically approved by the operator for the purpose; and

   (f)   store or stack any material or equipment in a manner which constitutes or is likely to constitute a fire hazard.

   (2) An operator shall display in conspicuous places at the aerodrome, the appropriate signs in respect of the acts prohibited under subregulation (1).

   (3) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

49.   Access to and operations within restricted area of aerodrome

   (1) A person shall not access a restricted area of an aerodrome unless authorised by an operator and subject to such conditions as the operator may impose.

   (2) A person authorised to access a restricted area under subregulation (1) shall-

   (a)   not move an aircraft or a vehicle in the restricted area except with the permission and direction issued by an air navigation services personnel;

   (b)   not move an aircraft or vehicle in the restricted area in a manner that endangers the safety of persons and property; and

   (c)   authorise the use of only the area of the aerodrome designated for landing or taking off.

   (3) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

50.   Entry into or exit from restricted area of aerodrome

   (1) A person, aircraft or vehicle shall not enter or exit a restricted area of an aerodrome except through points established by the operator for the purpose.

   (2) Except in an emergency or at an appropriate point of entry or exit established by an operator for that purpose, a person-

   (a)   other than a person carried in an aircraft or in a vehicle, shall not enter or leave restricted areas of an aerodrome;

   (b)   shall notmove an aircraft on the surface of an aerodrome or a vehicle into or from the restricted area; and

   (c)   shall not move a vehicle into or from the restricted area of an aerodrome.

   (3) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

51.   Test-running of aircraft engine

   (1) A person shall not test-run an aircraft engine at an aerodrome except at an aerodrome facility or a place designated, by an operator, for that purpose.

   (2) The Authority shall impose an administrative fine of P25 000 on a person who fails to comply with a requirement of this regulation.

52.   Certain acts prohibited on aerodrome

   (1) A person shall not, in an aerodrome-

   (a)   obstruct or interfere with the proper use of an aerodrome;

   (b)   obstruct any person executing his or her duties at an aerodrome;

   (c)   remove or deface any notice, writing, document or marking erected or displayed at an aerodrome;

   (d)   throw, leave or drop anything capable of causing injury to any person or damage to any property;

   (e)   dump any waste matter except at a place approved for the purpose by the operator; and

   (f)   dump or spill any substance capable of causing water pollution, whether solid, liquid, vapour or gas or a combination of these, except at a place approved for that purpose by the operator.

   (2) Except with the permission of an operator, a person shall not-

   (a)   interfere or tamper with any part of the aerodrome or any equipment associated with the operation of the aerodrome;

   (b)   climb any wall, fence, barrier, ceiling, gate or post on an aerodrome;

   (c)   handle any baggage or carry baggage for a passenger at an aerodrome;

   (d)   bring a vehicle into or drive into an aerodrome; and

   (e)   obstruct an entrance to or a passage at an aerodrome in a manner that inconvenience other users of the entrance or passage.

   (3) A person who contravenes a provison of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

53.   Removal of obstacle from aerodrome

   (1) An operator shall remove from an aerodrome any vehicle or any obstacle that is likely to be hazardous to aircraft operations.

   (2) The Authority shall impose an administrative fine of P25 000 on an operator who fails to comply with a requirement of this regulation.

54.   Maintenance of environment management programme

   (1) An operator shall establish and maintain an aerodrome environment management programme and a wildlife management plan under regulation 66 for the area within the authority of the operator and for the area where any wildlife presents or is likely to present a hazard to aircraft operations.

   (2) An operator shall ensure that the environment management programme established under subregulation (1) minimises the effects of any hazards or potential hazards, taking into account the provisions of the laws on environmental management.

   (3) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

55.   Protection of navigation aids

   (1) An operator shall, in consultation with the Authority-

   (a)   prevent the construction of any facilities on an aerodrome, which may adversely affect the operation of any electronic, visual navigation or air navigation service facility on the aerodrome; and

   (b)   as far as it is within the authority of the operator, prevent any interruption of visual or electronic signal of navigation aids.

   (2) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to protect navigation aids in accordance with this regulation.

56.   Responsibilities of operator

   (1) An operator shall-

   (a)   maintain an aerodrome in a serviceable condition;

   (b)   keep an aerodrome free of unauthorised persons, vehicles, animals which are not under proper control;

   (c)   keep an aerodrome free of any obstacles where possible;

   (d)   mark any obstacle in accordance with the prescribed guidelines;

   (e)   inform the Authority of any alterations to obstacle or works on the aerodrome;

   (f)   install approved wind direction indicators to show the surface direction of the wind and ensure that the wind direction indicators function satisfactorily;

   (g)   maintain prescribed markings in a conspicuous condition and ensure that the markings are readily visible to aircraft in the air or manoeuvring on the ground;

   (h)   avail facilities and ensure that the facilities are in a serviceable condition and that all apparatus installed function efficiently;

   (i)   appropriately mark the areas on the landing area which are unserviceable;

   (j)   inform the Authority, where an aerodrome becomes unserviceable through any cause or where any portion of the surface of the landing area deteriorates to such an extent that the safe operation of an aircraft may be endangered;

   (k)   submit to the Authority reports on the condition of an aerodrome as may be required by the Authority; and

   (l)   report all incidents and accidents on an aerodrome to the Authority.

   (2) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

57.   Notifying and reporting

   (1) An operator shall report to the Authority and pilots who may be affected, within the specified time limits set out by the Authority, information on-

   (a)   any inaccuracies in the AIP;

   (b)   any changes to the aerodrome facilities, equipment and level of service planned, in advance; and

   (c)   issues that may require immediate notification including obstacles and wildlife hazards, levels of service, movement areas, and any other condition that affects aviation safety at the aerodrome and against which precautions are warranted.

   (2) Where it is not practicable for an operator to arrange for the Authority or pilots who may be affected to receive notice of the circumstances referred to in subregulation (1)(c), the operator shall give immediate notice, directly to the pilots who may be affected by that circumstance.

   (3) The Authority shall impose an administrative fine of P50 000 on an operator who fails to comply with a requirement of this regulation.

58.   Special inspections

   (1) An operator shall inspect an aerodrome-

   (a)   as soon as practicable after any accident or incident;

   (b)   during any period of construction or repair of the aerodrome facilities or equipment that is critical to the safety of aircraft operation; and

   (c)   at any other time when there are conditions at the aerodrome that may affect aviation safety.

   (2) An operator shall notify and report to the Authority, within the specified time limits, information on any special inspection carried out under subregulation (1).

   (3) The Authority shall impose an administrative fine of P50 000 on an operator who fails to comply with a requirement of this regulation.

59.   Warning notices

   (1) Where a low flying aircraft, at or near an aerodrome, or where a taxiing aircraft is likely to be hazardous to people or vehicles, an operator shall-

   (a)   post hazard warning notices to that effect, on any public way that is adjacent to the manoeuvring area; or

   (b)   where a public way is not controlled by an operator, inform the relevant authority of the hazard.

   (2) The Authority shall impose an administrative fine not exceeding P25000 on an operator who fails to comply with a requirement of this regulation.

PART VII
Aerodrome operations manual (regs 60-63)

60.   Application of Part

   This Part shall apply to all categories of aerodromes except where otherwise specified.

61.   Requirements for aerodrome operations manual

   (1) An applicant shall, after making an application for an aerodrome licence or an aerodrome certificate under Part IV or V, submit to the Authority an aerodrome operations manual for approval.

   (2) An aerodrome operations manual shall-

   (a)   be signed by the operator;

   (b)   be in a format that is easy to revise;

   (c)   have a system for recording the current pages and any amendments, including a page for logging revisions; and

   (d)   be organised in a manner that facilitates the preparation, review and approval processes.

   (3) An operator shall keep at least one copy of the aerodrome operations manual approved by the Authority at the aerodrome and another copy at the principal place of business of the operator, where the place of business is different from the aerodrome.

   (4) Where an operator of a category A, B, C, D or E aerodrome is not able to keep a copy of the aerodrome operations manual at the aerodrome, the operator shall keep the aerodrome operations manual at a place authorised by the Authority.

62.   Information to be included in aerodrome operations manual

   (1) An aerodrome operations manual shall contain information and instructions, set out in Schedule 5, to enable the personnel of an aerodrome to perform their duties.

   (2) Notwithstanding the provisions of subregulation (1), and to the extent that the information is applicable, an aerodromes operations manual for aerodromes in categories-

   (a)   BWA, BWB and BWC shall include the information and instructions provided in Schedule 4; and

   (b)   A, B, C, D and E, shall include the information and instructions provided in Schedule 5.

   (3) Where a person is given an exemption in accordance with Part XVI of these Regulations, the aerodrome operations manual shall indicate-

   (a)   the exemption notice number given for the exemption by the Authority;

   (b)   the date the exemption came into effect; and

   (c)   any conditions or procedures subject to which the exemption was granted.

63.   Amendment of aerodrome operations manual

   (1) An operator shall, in order to maintain the accuracy of the information in an aerodrome operations manual, whenever necessary, subject to subregulation (3), amend the aerodrome operations manual.

   (2) the Authority may issue a written directive requiring an operator to alter or amend an aerodrome operations manual.

   (3) Notwithstanding subregulation (1) an operator shall obtain written permission from the Authority before an aerodrome operations manual is amended.

   (4) The Authority shall approve an amendment made to an aerodrome operations manual where an amendment meets the requirements of these Regulations.

   (5) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

PART VIII
Wildlife hazard management (regs 64-67)

64.   Application of Part

   In this Part-

   (a)   regulation 65 applies to all categories of aerodromes; and

   (b)   regulations 66 and 67 apply to aerodromes in categories BWA, BWB, BWC and A.

65.   Restriction of animal and wildlife in aerodrome

   (1) A person shall not bring, permit, graze or feed animals in any area of an aerodrome or cause wildlife to graze in a restricted area of an aerodrome.

   (2) Subject to subregulation (1), a person who brings, permits or grazes animals or wildlife in a restricted area of an aerodrome or who causes an animal to graze or feed in a restricted area of an aerodrome, or who receives wildlife in a restricted area of the aerodrome, shall ensure that the wildlife is at all times under proper control while in the restricted area.

   (3) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

66.   Wildlife hazard management

   (1) An operator shall, in consultation with the authority responsible for wildlife, take the necessary action to control wildlife hazards at an aerodrome.

   (2) An operator shall have a wildlife management plan which shall be approved by the Authority and the wildlife management plan shall form part of the aerodrome operations manual.

   (3) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

67.   Bird strike hazard reduction at aerodrome

   (1) An operator shall adopt set safety standards, by the Authority, to minimise the risks associated with bird strike hazards.

   (2) An operator shall take practical measures to control the bird habitat at or around the aerodrome and to disperse birds which are a potential hazard to aircraft operations.

   (3) A bird strike hazard on, or in the vicinity of, an aerodrome shall be assessed through-

   (a)   procedure established for recording and reporting bird strikes to aircraft; and

   (b)   the collection of information from aircraft operators and aerodrome personnel, or any other person, on the presence of birds, on or around the aerodrome, which constitute a potential hazard to aircraft operations.

   (4) An operator shall prepare a bird strike hazard report in respect of a bird strike hazard at an aerodrome using the information gathered under subregulation (3).

   (5) An operator shall send a bird strike hazard report to the Authority and the Authority shall then forward the report to the ICAO for inclusion in the ICAO Bird Strike Information System database.

   (6) Where a bird strike hazard is identified at an aerodrome, an operator shall take action to decrease the number of birds constituting the potential hazard to aircraft operations by adopting measures for discouraging the presence of birds on, or in the vicinity of the aerodrome.

   (7) An operator shall cause records of all aspects of bird strike hazard control to be kept and shall report all bird strike hazard to the Authority.

   (8) An operator shall monitor the local environment of an aerodrome including any activities that may attract birds and in designing the bird hazard management programme, the operator shall consider the local environment and the activities that may attract birds.

   (9) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

PART VIX
Obstacle restrictions and removal (regs 68-74)

68.   Application of Part

   This Part shall apply to all categories of aerodromes.

69.   Requirements for obstacle limitation

   (1) A person shall not cause or permit the erection or growth of an obstacle at or in the vicinity of an aerodrome without the approval of the Authority.

   (2) A person shall not cause or permit any object to penetrate the obstacle limitation surface without the written permission of the Authority where, the object may cause an increase in an obstacle clearance altitude or in the height for an instrument approach procedure or of any associated visual circling procedure.

   (3) The object referred to in subregulation (2) includes a new object or an extension of an existing object above the obstacle limitation surface.

   (4) The obstacle clearance altitude, height applicable to obstacle limitation surface and the obstacle limitation requirements shall comply with the specifications issued by the Authority.

   (5) The Authority shall levy, on the person growing or erecting an obstacle, the charges in Schedule 7 for the inspection for growing or erecting an obstacle within the vicinity of an aerodrome.

   (6) A person who contravenes a provision of this regulation commits an offence and is liable, to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

70.   Establishment of obstacle limitation surfaces

   Notwithstanding regulation 69, an operator shall ensure that obstacle limitation surfaces established for an aerodrome are in accordance with these Regulations.

71.   Authorisation to construct within vicinity of an aerodrome

   (1) A person shall not construct a building or a structure within the vicinity of an aerodrome except where that person is authorised by the Authority.

   (2) The person referred to in subregulation (1) shall conduct an aeronautical study of the effect of the construction on operation of aircraft, to be carried out before the Authority can authorise the person to build or construct a structure.

   (3) The Authority shall levy the charges in Schedule 7 for the inspection of the construction of an obstacle within the vicinity of an aerodrome.

   (4) A person who contravenes a provision of this regulation commits an offence and is liable, to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

72.   Land use in vicinity of aerodrome

   All land use practices and activities in the vicinity of an aerodrome shall conform to any guidelines issued by the Authority.

73.   Removal of obstacle

   (1) The owner of an obstacle shall cause to be removed, from an aerodrome, an obstacle in the vicinity of an aerodrome, except where, after an aeronautical study, the Authority determines that the obstacle does not adversely affect the safety of operations of aircraft or does not significantly affect the regularity of their operations.

   (2) The Authority may direct the removal of any obstacle in the vicinity of an aerodrome which, in the opinion of the Authority, constitutes a hazard to aircraft operations.

   (3) Where the owner of an obstacle fails to remove the obstacle within the time directed by the Authority, the Authority shall remove the obstacle at the cost of the owner of the obstacle.

   (4) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

74.   Marking and lighting of obstacle on aerodrome

   (1) An operator shall ensure that an obstacle is marked and where a runway is used at night and is associated with the obstacle, that the obstacle is lit.

   (2) The markings and lights referred to in subregulation (1) shall be in accordance with Part X.

   (3) An operator shall, where practicable, ensure that all fixed obstacles to be marked in accordance with subregulation (1) are coloured as shown in Schedule 6.

   (4) Where the requirements specified in subregulation (3) are impracticable, markings or flags shall be displayed on or above the fixed obstacles, except the obstacles that are sufficiently conspicuous by their shape, size or colour, which may not be marked.

   (5) An operator shall ensure that a mobile obstacle is coloured as approved by the Authority or has displayed on it or above it, a flag.

   (6) An obstacle which is lit in accordance with subregulation (1) shall be indicated as low-intensity, medium-intensity or high-intensity light obstacle or a combination of these lights and shall be displayed in accordance with any guidelines issued by the Authority.

   (7) The Authority shall impose an administrative fine of P25 000 on an operator who fails to comply with a requirement of this regulation.

PART X
Aeronautical ground lighting (regs 75-78)

75.   Application of Part

   This Part shall apply to aerodromes in categories BWA, BWB and BWC except as otherwise exempted by the Authority.

76.   Establishment and maintenance of aeronautical ground lights

   (1) An operator shall establish and maintain aeronautical ground lights and any other lights as may be appropriate for the safe operation of aircraft and for runways, taxiways, aprons, thresholds and stopways.

   (2) Where an aerodrome is used at night or during conditions of poor visibility, an operator shall ensure that aeronautical ground lights and any other lights are installed on the aerodrome.

   (3) Without prejudice to the generality of subregulation (1), the location, characteristics, intensity control and settings of aeronautical ground lights shall be in accordance with specifications issued by the Authority.

   (4) A light on the ground which is not an aeronautical ground light, which, by reason of its intensity, configuration or colour, may prevent or cause confusion in the clear interpretation of aeronautical ground lights, shall be extinguished, screened or modified to eliminate such a possibility.

   (5) A person shall not, except with the permission of the Authority, establish, maintain or alter the character of-

   (a)   an aeronautical ground light, except an aeronautical beacon which is or may be visible from the waters; or

   (b)   any aeronautical ground light, other than an aeronautical beacon, at an aerodrome, or any aeronautical ground light which forms part of the lighting system for use by aircraft taking off from or landing at the aerodrome.

   (6) A person shall not-

   (a)   intentionally or negligently damage an aeronautical ground light; or

   (b)   interfere with an aeronautical ground light without the permission of the operator.

   (7) The Authority shall not grant permission under subregulation (5) except with the consent of the lighthouse authority of the area where the aerodrome is situated.

   (8) A person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

77.   Secondary power supply

   (1) An operator shall not operate or maintain an aerodrome provided with runway lighting, without a secondary power supply.

   (2) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

78.   Aeronautical beacon

   (1) An operator shall, where necessary, provide aerodrome beacon at an aerodrome intended for use at night, where-

   (a)   aircraft navigate is predominantly by visual means;

   (b)   reduced visibility is frequent; or

   (c)   it is difficult to locate the aerodrome from the air due to a surrounding light or terrain.

   (2) An aerodrome operator shall provide an identification beacon at an aerodrome, which is intended for use at night and which is not easily identifiable from the air by other means.

   (3) The location and characteristics of an aerodrome and an identification beacon described in subregulations (1) and (2) shall be in accordance with specifications issued by the Authority.

   (4) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

PART XI
Aeronautical visual aids (regs 79-92)

79.   Application of Part

   This Part shall apply to all categories of aerodromes.

80.   Wind direction indicators

   (1) An operator shall provide and maintain at least one wind direction indicator for an aerodrome.

   (2) A wind direction indicator referred to in subregulation (1) shall be located so as to be visible to an aircraft in-flight or on the movement area and in such a way as to be free from the effects of air disturbances caused by nearby objects.

   (3) The characteristics of a wind direction indicator and the methods and procedures for installation and maintenance shall be in accordance with the methods and procedures approved by the Authority.

   (4) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

81.   Signalling lamp

   (1) An operator shall provide a signalling lamp at a controlled aerodrome and the characteristics and operating procedure of a signalling lamp shall be in accordance with specifications issued by the Authority.

   (2) The characteristics and operating procedure of a signalling lamp shall be in accordance with specifications set out in the BMAIS.

   (3) In this regulation, "controlled aerodrome" means an aerodrome where air traffic control services are provided.

82.   Signal panel and signalling area

   (1) The Authority may where it considers it necessary, require a signalling panel and a signalling area to be provided at an aerodrome for the safe operation of aircraft.

   (2) Where a signalling panel and signalling area is provided, the location and the characteristics of the signal area shall be in accordance with specifications issued by the Authority.

83.   Markings

   (1) An operator shall provide markings, in accordance with specifications approved by the Authority, for-

   (a)   a paved runway centreline;

   (b)   a paved runway edge;

   (c)   a paved runway threshold;

   (d)   a paved runway touchdown zone;

   (e)   a paved runway holding position;

   (f)   an aiming point;

   (g)   a paved runway side stripe;

   (h)   a paved runway turn pad; and

   (i)   an intermediate holding position at an aerodrome.

   (2) A runway marking shall be white in colour.

   (3) The taxiway markings, runway turn pad markings and aircraft stand markings shall be yellow in colour.

   (4) Apron safety-lines shall be of a conspicuous colour, which shall contrast with that used for aircraft stand markings.

   (5) The application, location and characteristics of markers for unpaved runway edge markers, stopway edge markers, taxiway edge markers, taxiway centreline markers and boundary markers shall be in accordance with the specifications issued by the Authority.

   (6) The Authority shall impose an administrative fine not exceeding P25000 on an operator who fails to comply with a requirement of this regulation.

84.   VOR aerodrome checkpoint marking

   (1) An operator shall ensure that where a VOR aerodrome checkpoint is established at an aerodrome, it is indicated by a VOR aerodrome checkpoint sign.

   (2) The VOR aerodrome checkpoint location and characteristics shall be in accordance with specifications issued by the Authority.

85.   Aircraft stand markings

   An operator shall provide aircraft stand markings for designated parking positions on a paved apron in accordance with specifications issued by the Authority.

86.   Apron safety lines

   An operator shall provide apron safety lines on a paved apron as required by the parking configuration and ground facilities and in accordance with specifications issued by the Authority.

87.   Road-holding positions

   (1) An operator shall provide road-holding position markings at all road entrances to a runway as indicated in Schedule 7.

   (2) A road-holding position marking provided under subregulation (1) shall be located across the road at all the holding positions.

88.   Mandatory instruction markings and signs

   (1) An operator shall provide a mandatory instruction marking and a sign to identify a location beyond which a taxiing aircraft or vehicle shall not proceed, except where it is authorised by the aerodrome control tower.

   (2) Where it is impracticable to install a mandatory instruction marking or a sign in accordance with subregulation (1), the mandatory instruction marking or sign shall be provided on the surface of the pavement.

   (3) The locations and characteristics of the mandatory instruction marking and sign shall be in accordance with specifications issued by the Authority.

   (4) An operator shall provide the signs to convey mandatory instructions and information on a specific location or destination on a movement area, to provide surface movement guidance and control.

   (5) The location and characteristics of the signs referred to in subregulation (4) shall be in accordance with the specifications issued by the Authority.

   (6) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

89.   Information marking

   Where an information sign is required but is physically impossible to install, an operator shall install the information marking in accordance with specifications issued by the Authority.

90.   Visual aids for denoting obstacles

   (1) An operator shall ensure that the visual aids for denoting obstacles are frangible and that those located near a runway or taxiway are sufficiently low to preserve clearance for propellers and for engine pods of a jet aircraft.

   (2) The Authority shall impose an administrative fine not exceeding P25000 on an operator who fails to comply with a requirement of this regulation.

91.   Obstacles to be marked or lit

   An operator shall ensure that all fixed obstacles that extend above take-off climb surfaces are marked and that where the runway is used at night, the obstacles are lit in accordance with the specifications issued by the Authority.

92.   Visual aids for denoting restricted areas

   (1) An operator shall ensure that restricted areas are marked in a manner that is visible to aircraft operating on the ground and in the air.

   (2) Without prejudice to the generality of subregulation (1), markings denoting restricted areas such as closed runways and taxiways, non-load- bearing surfaces, pre-threshold areas and unserviceable areas shall be marked in accordance with the specifications issued by the Authority.

PART XII
Aerodrome operational services, equipment, installations and facilities (regs 93-109)

93.   Application of Part

   This Part shall apply to all categories of aerodromes except where otherwise specified.

94.   Immigration, customs and health facilities at aerodromes

   The Authority may, in consultation with the authorities responsible for immigration, customs and health, notify the public of any aerodrome which is introduced as, or ceases to be a place for landing or departure of aircraft in accordance with the laws relating to immigration, customs and health.

95.   Supply of aviation fuel to aircraft

   (1) An operator shall not cause or permit aviation fuel to be delivered to an aviation fuel installation or from an aviation fuel installation to an aircraft unless when the aviation fuel is delivered to the installation, the operator is satisfied that-

   (a)   the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in an aircraft;

   (b)   the installation is marked in an appropriate manner to the grade of the fuel stored or where different grades are stored in different parts, that each part is so marked;

   (c)   in the case of delivery into the installation or part of the installation from a vehicle or vessel, the fuel has been sampled and is of the grade appropriate to that installation or part of the installation as the case may be and is fit for use in an aircraft; or

   (d)   when aviation fuel is dispensed from the installation, the operator of the aviation fuel installation is satisfied after sampling, that the fuel is fit for use in an aircraft.

   (2) An operator shall not cause or permit aviation fuel to be dispensed for use in an aircraft where the operator knows or has reason to believe that the aviation fuel is not fit for use in the aircraft.

   (3) An operator of an aviation fuel installation shall not, on an aerodrome, supply fuel to an aircraft except at a place and in a manner approved by the operator.

   (4) An approval granted by an operator under subregulation (3), may be subject to any conditions the operator may impose, in order to safeguard persons or property on the ground.

   (5) An operator shall keep a written record for any aviation fuel installation, which includes-

   (a)   particulars of the grade and quantity of aviation fuel delivered and the date of delivery;

   (b)   particulars of all samples taken of the aviation fuel and of the results of the tests of those samples;

   (c)   particulars of the maintenance and cleaning of the installation; and

   (d)   particulars of all fuel dispensed and the date of dispensation.

   (6) An operator shall preserve the written record for a period of 12 months or such longer period as the Authority may in a particular case direct and shall, within a reasonable time after being requested to do so by an authorised person, produce the record.

   (7) Where it appears to the Authority or to an authorised person that aviation fuel is intended or likely to be delivered in contravention of this regulation, the Authority may direct an operator not to permit aviation fuel to be dispensed from an aviation fuel installation for a particular period of time.

   (8) In this regulation-

   "aviation fuel" means fuel intended for use in an aircraft; and

   "aviation fuel installation" means any apparatus or container, including a vehicle designed, manufactured or adapted for the storage of aviation fuel or for the delivery of fuel to an aircraft.

   (9) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

96.   Aerodrome emergency planning

   (1) This regulation shall apply to all categories of aerodromes.

   (2) An operator shall, immediately after the issuance of a certificate under Part III or IV, establish an aerodrome emergency plan at an aerodrome, and the aerodrome emergency plan shall-

   (a)   be commensurate with the aircraft operations and activities conducted at an aerodrome; and

   (b)   provide for the coordination of the actions to be taken in the event of an emergency occurring at an aerodrome or in its vicinity.

   (3) An emergency referred to in subregulation (2)(b) includes-

   (a)   an aircraft emergency;

   (b)   natural disasters and sabotage including bomb threats;

   (c)   unlawful seizure of aircraft;

   (d)   the effect of improper handling;

   (e)   transportation and storage of dangerous goods; and

   (f)   occurrences of building fires.

   (4) An emergency plan shall provide for coordination with the rescue coordination centres and for the response and participation of all agencies whose assistance is required in the event of an emergency, including an emergency outside an aerodrome-

   (a)   fire department;

   (b)   police;

   (c)   medical and ambulance services;

   (d)   hospital; and

   (e)   military force.

   (5) An emergency plan shall include-

   (a)   the types of emergencies planned for;

   (b)   the agencies to be involved in the plan;

   (c)   the responsibility and role of each agency, the emergency operation centre and the command post for each type of emergency;

   (d)   the names and contacts of offices or people to be contacted for each type of emergency; and

   (e)   a grid map of the aerodrome and its immediate vicinity.

   (6) In developing an aerodrome emergency plan, an operator shall take into consideration the human factor principles to ensure optimum response by all existing agencies participating in the emergency operations.

   (7) This regulation shall apply to aerodromes in categories A, BWA, BWB, BWC and where specified by the Authority.

   (8) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

97.   Maintenance of safety inspection programme

   (1) An operator shall establish and maintain a safety inspection programme for the aerodrome.

   (2) The safety inspection programme shall-

   (a)   provide procedures to ensure that competent aerodrome personnel execute the programme effectively; and

   (b)   provide a reporting system to ensure prompt correction of unsafe aerodrome conditions noted during any inspection.

98.   Maintenance of fire prevention programme

   (1) An operator shall establish a fire prevention programme with preventive measures against any possible fire on the aerodrome and identify a person to maintain the fire prevention programme for the aerodrome and the aerodrome buildings.

   (2) Where an aerodrome does not have designated fire services, the operator shall arrange with the relevant local government authority or any other fire prevention authority to maintain a fire prevention programme for the aerodrome and to advise the operator of any dangerous conditions for rectification.

   (3) An operator shall ensure that unsafe practices that may result in fire are not performed on the aerodrome or within its vicinity.

   (4) Notwithstanding subregulation (3), where unsafe practices are performed during maintenance on the aerodrome, an operator shall alert the rescue and fire fighting services concerned, to be on standby for the duration of the unsafe practices.

   (5) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

99.   Aerodrome emergency exercise

   (1) This regulation shall apply to all categories of aerodromes.

   (2) An emergency plan established under regulation 89 shall contain procedures for periodic testing of the adequacy of the plan and for reviewing the results of the testing in order to improve the effectiveness of an emergency plan.

   (3) Without prejudice to the generality of subregulation (2), an emergency plan shall be tested by conducting-

   (a)   full scale emergency exercises every two years;

   (b)   partial emergency exercises every year, to ensure that any deficiencies found during the full scale aerodrome emergency exercise are corrected and reviewed, or after an actual emergency, to correct any deficiency found;

   (c)   table top emergency exercises every six months; and

   (d)   contingency plan exercises in accordance with the Aviation Security Act.

   (4) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

100.   Emergency operation centre and command post

   (1) An operator shall ensure that a fixed emergency operations centre at the aerodrome and a mobile command post at the scene of the emergency, are available for use during an emergency.

   (2) This regulation shall apply to aerodromes in categories BWA, BWB, BWC and A, where required by the Authority.

   (3) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

101.   Emergencies in difficult environment

   (1) This regulation shall apply to aerodromes in categories BWA, BWB and BWC and A, where required by the Authority.

   (2) Where an aerodrome is located close to a water body or a swampy area or difficult terrain for approach or departure operation and where a significant portion of approach or departure operations takes place over such an area, the emergency plan established under regulation 89 shall include-

   (a)   the ready availability of and coordination with appropriate specialist rescue services; and

   (b)   the establishment, testing and assessment at regular intervals of a pre-determined response for the specialist rescue services.

102.   Aerodrome rescue and fire fighting services

   (1) For purposes of this regulation, aerodromes shall be categorised in accordance with Table 2 in Schedule 2.

   (2) An operator shall put in place rescue and fire fighting facilities commensurate with the category of the aerodrome as specified in Table 2 in Schedule 2.

   (3) Where an aerodrome is located close to a water body, a swampy area or difficult terrain for approach or departure operations and where a significant portion of approach or departure operations takes place over such an area, specialist rescue services and fire-fighting equipment appropriate to the hazard and risk shall be made available.

   (4) The level of protection provided at an aerodrome for rescue and fire fighting shall be appropriate to the aerodrome category which shall be determined using the principles in Table 2 in Schedule 2.

   (5) The amounts of water for foam production and the complementary agents to be provided on the rescue and fire fighting vehicles shall be in accordance with an aerodrome category, determined using the principles in Table 3 in Schedule 2.

   (6) All rescue and fire fighting personnel shall be properly trained, including training in human performance and team coordination and shall participate in live fire drills commensurate with the types of aircraft and rescue and fire fighting equipment in use at the aerodrome, including pressure-fed fuel fires.

   (7) The minimum number of rescue and fire fighting vehicle provided at an aerodrome shall be as provided in the second column for the aerodrome category in the first column of Table 4 in the Second Schedule and shall correspond to the foam meeting performance in the third column of Table 3 in Schedule 2.

   (8) This regulation shall not apply to aerodromes in categories B, C, D and E, unless otherwise specified by the Authority in the aerodrome licence.

   (9) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

103.   Removal of disabled aircraft

   (1) An operator shall have in place a plan for the removal of disabled aircraft from the movement area or from an area adjacent to a movement area.

   (2) The plan for the removal of disabled aircraft shall be based on the characteristics of the type of aircraft operations and shall include-

   (a)   a list of equipment and personnel available for the purpose and the contact details of such personnel;

   (b)   the arrangement for the rapid receipt of aircraft recovery equipment kits from other aerodromes, where applicable;

   (c)   the name of the coordinator designated to implement the plan; and

   (d)   particulars of the procedures for removing a disabled aircraft from the movement area or from an area adjacent to it.

   (3) The plan referred to under subregulation (1) shall include particulars of the procedures for removing a disabled aircraft from the movement area or from an area adjacent to it.

   (4) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

104.   Apron management service

   (1) This regulation shall apply to aerodromes in categories BWA, BWB and BWC.

   (2) An operator shall provide an apron management service at an aerodrome where air navigation services are provided.

   (3) The apron management service established under subregulation (2) shall be provided by an operator, an aerodrome air navigation service unit, or a combination of these, as may be specified for each category of aerodrome, in the AIP.

   (4) Subject to subregulation (3), where an aerodrome control tower does not participate in an apron management service, procedures shall be established to facilitate the orderly transition of aircraft between the apron management unit and the aerodrome control tower.

   (5) An operator shall ensure that, where an apron management service is established, radio communication facilities are provided.

   (6) Where low visibility procedures are in effect, persons and vehicles operating in an apron shall be restricted to the essential minimum required to operate the area.

   (7) An emergency vehicle responding to an emergency shall have priority over all other surface movement traffic and any vehicle operating on an apron shall give way to an emergency vehicle or to an aircraft which is about to taxi, or which is being pushed or towed.

   (8) An aircraft stand at an apron where an apron management service is provided shall be visually monitored by an operator to ensure that the recommended clearance distances are provided to an aircraft using the stand.

   (9) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

105.   Ground servicing of aircraft

   (1) An operator shall ensure that fire extinguishing equipment, suitable for at least the initial intervention in the event of a fuel fire, is readily available during the ground servicing of an aircraft, and that there is a manner of quickly summoning the rescue and fire fighting service in the event of a fire or major fuel spill.

   (2) An operator shall ensure that, when an aircraft refuelling operation takes place while passengers are on board, embarking or disembarking, ground equipment is positioned in a manner that allows-

   (a)   the use of a sufficient number of exits for expeditious evacuation; and

   (b)   a ready escape route from each of the exits to be used in an emergency.

   (3) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

106.   Access of ground vehicles to aerodrome movement area

   (1) This regulation shall not apply to aerodromes in categories B, C, D and E, unless otherwise specified by the Authority in the licence.

   (2) An operator shall-

   (a)   limit the access of a ground vehicle used for aerodrome and aircraft operations, to the aerodrome manoeuvring area;

   (b)   provide adequate procedures for the safe and orderly access to the aerodrome and operation in the manoeuvring area of ground vehicles, where an air navigation service unit is in operation at the aerodrome, in order to ensure that each ground vehicle operating in the aerodrome manoeuvring area is controlled by-

      (i)   two-way radio communication between the vehicle and the air navigation service unit, or

      (ii)   an accompanying radio communication or an escort vehicle with adequate measures including signals or guards to control the vehicle, where the vehicle does not have a radio;

   (c)   provide adequate measures to ensure that ground vehicles operating in the aerodrome movement area are controlled by signs, pre-arranged signals or standards approved by the Authority, where an air navigation service unit is not in operation at the aerodrome; and

   (d)   ensure that any person who operates a ground vehicle on the aerodrome movement area is familiar with and complies with the rules and procedures for the operation of ground vehicles as approved by the Authority.

   (3) An operator shall ensure that a person who has access to an aerodrome movement area wears coloured reflective gear which shall be conspicuously displayed while on the movement area.

   (4) In this regulation, "gear" includes a vest, band, overcoat, helmet and socks.

   (5) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

107.   Aerodrome vehicle operation

   (1) This regulation shall not apply to aerodromes in categories B, C, D and E, unless otherwise specified by the Authority in the licence.

   (2) A person shall not operate a vehicle on a manoeuvring area at an aerodrome where air navigation services are provided, except where authorised by an aerodrome control tower.

   (3) A person shall not operate a vehicle on an apron of an aerodrome except where authorised by an operator.

   (4) The driver of a vehicle operating on a movement area shall have a rotating beacon placed on the vehicle.

   (5) The driver of a vehicle on a movement area shall comply with all mandatory instructions conveyed by markings and signs, when-

   (a)   the vehicle is on the manoeuvring area or is on an apron, except where the driver is authorised by the aerodrome control tower; or

   (b)   the vehicle is on an apron, except where the driver is authorised by the operator.

   (6) The driver of a vehicle on a movement area shall comply with all mandatory instructions conveyed by lights and instructions issued by the aerodrome control tower when the vehicle is on a manoeuvring area or, by the appropriate designated authority, when the vehicle is on an apron.

   (7) The driver of a vehicle on a movement area shall be appropriately trained for the tasks to be performed and shall be issued with an authorisation by the operator to perform the task trained for.

   (8) The driver of a radio-equipped vehicle shall-

   (a)   establish satisfactory two-way radio communication with the aerodrome control tower before entering a manoeuvring area;

   (b)   establish satisfactory two-way radio communication with the appropriate designated authority before entering an apron; and

   (c)   maintain a continuous listening watch on the assigned frequency while on the movement area.

   (9) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

108.   Location, construction and installation of equipment on operational areas

   (1) Except for air navigation purposes, a person shall not construct or install equipment or any installation on a runway strip, a runway end safety area, a taxiway strip, a clearway or within any distances determined by the Authority, where the construction or the equipment may endanger the safety of an aircraft.

   (2) Where any equipment or installation required for air navigation purposes is to be located on a portion of a runway strip or on a runway end safety area, a taxiway strip, a clearway or within any distances determined by the Authority, the equipment or installation shall be located in accordance with the standards specified by the Authority.

   (3) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

109.   Fencing of aerodromes and installations

   (1) This regulation shall apply to aerodromes in categories BWA, BWB, BWC and A.

   (2) An operator shall provide a fence or a suitable barrier on the aerodrome-

   (a)   to prevent the entrance into the movement area, of any animals likely to be a hazard to aircraft; and

   (b)   to deter the inadvertent or premeditated access of an unauthorised person onto a non-public area of the aerodrome.

   (3) An operator shall provide suitable means of protection for an aerodrome to deter the inadvertent or premeditated access of unauthorised persons into ground installations and facilities, essential for the safe operation of aircraft.

   (4) The fence or barrier required under subregulation (2) shall be located so as to separate the movement area and other facilities or zones on the aerodrome which are vital to the safe operation of aircraft, from areas open to public use.

   (5) An operator shall, where greater security is needed, provide a cleared area on both sides of the fence or barrier to facilitate the work of patrols and to make trespassing more difficult and provision for a perimeter road along the aerodrome fencing for the use of both maintenance personnel and security patrols may be made.

   (6) Where the Authority considers it necessary for security reasons, the fence or barrier required under subregulation (2) shall be illuminated at a minimum essential level and the security lighting shall be located so that the ground area on both sides of the fence or barrier, particularly at access points, is illuminated.

   (7) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

PART XIII
Aerodrome maintenance (regs 110-114)

110.   Maintenance programme

   (1) An operator shall, in order to maintain a facility in a condition that does not impair the safety, regularity and efficiency of air navigation, establish at the aerodrome, a maintenance programme, which shall include preventive maintenance measures.

   (2) In this regulation, "preventive maintenance measures" means programme maintenance work done to prevent failure or degradation of a facility.

   (3) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

111.   Maintenance of pavements

   (1) An operator shall at all times ensure that-

   (a)   the surface of pavements including runways, taxiways and aprons are kept clear of any loose stones or other objects which may cause damage to aircraft structures or engines or which may impair the operation of aircraft systems;

   (b)   the surface of a runway is maintained in a condition that precludes formation of harmful irregularities such as water pools and rough surfaces;

   (c)   the surfaces of the paved runways, taxiways and aprons, are maintained in a condition that provides good friction characteristics and low rolling resistance and the operator shall ensure that-

      (i)   measurements of the friction characteristics of the runway are made periodically with a continuous friction measuring device using self-wetting features,

      (ii)   corrective maintenance action is taken whenever the friction characteristics for the entire runway or portion of it are below the prescribed minimum friction level or minimum maintenance planning level, and

      (iii)   where the drainage characteristics of a runway, or portions of the runway are poor due to slopes or depressions, the runway friction characteristics are assessed under natural or simulated conditions that are representative of local rain and that corrective maintenance action is taken where necessary;

   (d)   where a taxiway is used by turbine-engine aircraft, the surface of the taxiway shoulders is maintained so as to be free of any loose stones or other objects that may be ingested by the aircraft engines; or

   (e)   any standing water, mud, dust, oil, rubber deposits and other contaminants are removed to minimise accumulation, with priority given to runways, taxiways, aprons, holding bays and other areas, in that order.

   (2) An operator shall ensure that the overlaying of runway pavements is done in accordance with the BMAIS so that aircraft operations do not experience down ramp.

   (3) An operator who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

112.   Preventive maintenance of visual aids

   (1) An operator shall not operate an aerodrome unless a system of preventive maintenance of visual aids is employed at the aerodrome.

   (2) The system of preventive maintenance required under subregulation (1) shall, if employed for instrument precision approach runways categories I and II include-

   (a)   visual inspections and in-field measurement of the intensity, beam spread and orientation of lights included in the approach and runway lighting systems;

   (b)   control and measurement of the electrical characteristics of each circuitry included in the approach and runway lighting systems; and

   (c)   control of the correct functioning of the light intensity settings used by air traffic control unit.

   (3) The in-field measurements of intensity, beam spread and orientation of lights applicable to instrument precision approach runways categories I and II shall be undertaken by measuring all lights, as far as practicable to ensure conformity with specifications issued by the Authority, using a mobile measuring unit of sufficient accuracy to analyse the characteristics of individual lights.

   (4) The frequency of measurement of lights shall be done at least twice a year for instrument precision approach runways categories I and II and at least once a year for other lights.

   (5) An operator who is required to employ a system of preventive maintenance under subregulation (1) for instrument precision approach runways categories I and II operations and for operations under runway visual range conditions shall comply with specifications issued by the Authority.

   (6) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

113.   Construction or maintenance activities during periods of low visibility operations

   (1) An operator shall ensure that any construction or maintenance activity is not undertaken in the proximity of aerodrome electrical systems at any time during periods of low visibility operations.

   (2) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

114.   Works on aerodrome

   (1) An operator shall establish procedures and precautions to ensure that any work carried out on an aerodrome does not endanger the safety of any aircraft operations.

   (2) The procedures and precautions in subregulation (1) shall comply with standards approved by the Authority.

   (3) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

PART XIV
Electrical systems (regs 115)

115.   Electrical power supply systems for air navigation facilities

   (1) This Part shall apply to categories of aerodromes where aeronautical electrical systems have been installed.

   (2) An operator shall not operate an aerodrome unless adequate primary power supply systems are made available for the safe functioning of air navigation services and facilities.

   (3) The design and provision of electrical power systems for aerodrome visual and radio navigation aids shall be such that equipment failure does not leave a pilot-in-command with inadequate visual information, non- visual guidance or misleading information.

   (4) Where secondary power is required for air navigation services and facilities, an operator shall arrange the electric power supply connection to ensure that aerodrome facilities are automatically connected to the secondary power supply upon failure of the primary power supply.

   (5) Subregulation (4) applies to non-instrument runways except that a secondary power supply for visual aids may not be provided where an emergency lighting system is provided and is capable of being deployed within 15 minutes.

   (6) An operator shall, where the primary runway is an instrument non- precision approach runway, provide a secondary power supply capable of fulfilling the requirements of subregulation (4), except that a secondary power supply for visual aids need not be provided for more than one instrument non-precision approach runway.

   (7) An operator shall provide the following aerodrome facilities with secondary power supply capable of supplying power where there is a failure of the primary power supply-

   (a)   a signalling lamp and the minimum lighting necessary to enable air navigation services personnel to carry out their duties;

   (b)   all obstacle lights which, in the opinion of the Authority are essential to ensure the safe operation of an aircraft;

   (c)   approach, runway and taxiway lighting;

   (d)   meteorological equipment;

   (e)   essential security lighting, if provided;

   (f)   essential equipment and facilities for the aerodrome emergency agencies;

   (g)   floodlighting on a designated isolated aircraft packing position if provided; and

   (h)   illumination of apron areas over which passengers may walk.

   (8) The maximum switch-over time between failure of the primary source of power and the secondary source of power for the services required by subregulation (7) shall be as indicated in Table 5 in Schedule 2.

   (9) In this regulation, "switch-over time" means the time required for the actual intensity of a light measured in a given direction to fall from 50 per cent and recover to 50 per cent during a power supply changeover, when the light is being operated at intensities of 25 per cent or more.

   (10) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

PART XV
Reporting of information to aeronautical information services (regs 116-130)

116.   Application of Part

   This Part shall apply to all categories of aerodromes.

117.   Information for users of aerodromes

   (1) An operator shall ensure that all information relating to the aerodrome and its facilities, which is significant for the conduct of flights to and from the aerodrome, is available to the users of the aerodrome.

   (2) An operator shall be responsible for notifying the aeronautical information services of any errors and omissions in the aeronautical information of operational significance, published in the AIP or the AIC or in the NOTAM, and of any pending changes in the aerodrome or its facilities which are likely to affect this information.

   (3) An operator shall provide the following information on the guidance ofpilots and operators-

   (a)   the pavement classification number (PCN) and the PCN reported shall indicate that an aircraft with an aircraft classification number (ACN) equal to or less than the reported PCN can operate on the pavement subject to any limitation on the tire pressure, or aircraft all-up mass for specified aircraft type;

   (b)   construction or maintenance work on or immediately adjacent to any manoeuvring area;

   (c)   unserviceable portions of any part of a manoeuvring area;

   (d)   the runway surface conditions when affected by water, damp, water patches or flooded, as appropriate;

   (e)   parked aircraft or other objects on, or immediately adjacent to the taxiways;

   (f)   the presence of other temporary hazards;

   (g)   failure or irregular operation of any part of the aerodrome lighting system, or of the aerodrome main and secondary power supplies;

   (h)   failures, irregular operations and changes in the operational status of any electronic approach or navigation aid, or aeronautical communication facility;

   (i)   failures and changes in the runway visual range observer system;

   (j)   information concerning the level of protection provided at an aerodrome for aircraft rescue and fire fighting purposes;

   (k)   the level of protection normally available at an aerodrome expressed in terms of the category of the rescue and fire fighting services as described in regulation 103 of these Regulations and in accordance with the types and amounts of extinguishing agents normally available at the aerodrome; and

   (l)   any other information of operational significance.

   (4) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

118.   Action for occurrences of operational significance

   (1) An operator shall take immediate action to amend the information contained in the Aeronautical Information Circular and where necessary, promulgate the change by NOTAM through the Aeronautical Information Services using the Aeronautical Information Services address notified in the Aeronautical Information Circular, where any of the following conditions occur or are anticipated,-

   (a)   changes in the availability of the manoeuvring area and changes in the runway declared distance, provided that increases in declared distances may only be made with the approval of the Authority;

   (b)   significant changes in aerodrome lighting and other visual aids;

   (c)   presence or removal of temporary obstructions to aircraft operation in the manoeuvring area;

   (d)   presence of airborne hazards to air navigation;

   (e)   interruption, return to service, or major changes to rescue facilities and fire fighting services available, provided that permanent changes to the promulgated rescue fire fighting category may only be made with the approval of the Authority;

   (f)   failure of, or return to, operation of hazard beacons and obstruction lights on or in the vicinity of the aerodrome;

   (g)   erection or removal of obstructions to air navigation, and erection or removal of significant obstacles in take-off, climb or approach areas;

   (h)   air displays, air races, parachute jumping, or any unusual aviation activity; and

   (i)   any other information of operational significance.

   (2) Where any condition in subregulation (1) arises at short notice, an operator shall notify the Authority to issue a NOTAM.

   (3) Where any condition in subregulation (1) is intended, the operator shall make a written request to the Authority, for the amendment of the AIP, AIC or for supplementary action.

   (4) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

119.   Action for occurrences affecting electronic aids, communication facilities

   (1) The Authority shall initiate a NOTAM action-

   (a)   for the establishment or withdrawal of electronic aids to air navigation; and

   (b)   for changes in the regularity or reliability of operation of any electronic aid to air navigation or aeronautical communication facility.

   (2) An operator or a person in charge of a navigation facility shall request, from the Authority, for a NOTAM action, or an amendment or a supplement of AIP or AIC.

   (3) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

120.   Aeronautical data reporting

   (1) An operator shall provide the Authority with accurate aeronautical data as specified in Schedule 6, for publication in the AIP or AIC.

   (2) An operator shall ensure that aerodrome related aeronautical data is adequate and accurate and that the integrity of the data is maintained and protected throughout the data process from survey or origin up to the next intended user.

   (3) An operator shall determine and report aerodrome related aeronautical data in accordance with prescribed accuracy and integrity requirements while taking into account the established quality system procedures.

   (4) The accuracy requirements for aeronautical data shall be based upon a 95 per cent confidence level and in that respect, three types of positional data shall be identified, namely-

   (a)   surveyed points;

   (b)   calculated points; and

   (c)   declared points.

   (5) Without prejudice to the generality of subregulations (1), (2), (3) and (4), the determination and reporting of aerodrome aeronautical data shall be in accordance with the accuracy and integrity levels issued by the Authority or by a person in charge of a navigation facility.

   (6) Subject to subregulation (5), the following classification and data integrity levels shall apply-

   (a)   critical data, integrity level 1 x 10-8: where there is a high probability, when using corrupted critical data that the continued safe flight and landing of an aircraft may be severely at risk with the potential for catastrophe;

   (b)   essential data, integrity level 1 x 10-5: where there is a low probability, when using corrupted essential data that the continued safe flight and landing of an aircraft may be severely at risk with the potential for catastrophe; and

   (c)   routine data, integrity level 1 x 10-3: where there is a very low probability when using corrupted essential data that the continued safe flight and landing of an aircraft may be severely at risk with the potential for catastrophe.

   (7) The Authority shall impose an administrative fine not exceeding P25 000 on an operator who fails to comply with a requirement of this regulation.

PART XVI
Exemptions (regs 121-124)

121.   Application of Part

   This Part shall apply to all categories of aerodromes.

122.   Application for exemption

   (1) A person may apply to the Authority for an exemption, under section 90(4) of the Act, from any provision of these Regulations.

   (2) An application for an exemption shall be submitted to the Authority at least 60 days before the proposed effective date of exemption.

   (3) An application for exemption shall contain-

   (a)   the name, physical address, mailing address, telephone number, fax number and electronic mail address of the applicant, where available;

   (b)   the specific requirement from which the applicant seeks exemption;

   (c)   justification for the exemption;

   (d)   a description of the type of operations to be conducted under the proposed exemption;

   (e)   the proposed duration of the exemption;

   (f)   a detailed description of the alternative means by which the applicant is to ensure a level of safety equivalent to that established by the regulation from which the exemption is applied for;

   (g)   a review of any known safety concerns related to the required exemption, including information about any relevant accidents or incidents of which the applicant is aware; and

   (h)   any other relevant information that may be required by the Authority.

   (4) Where the applicant seeks emergency processing of an application for an exemption, the application shall contain facts and reasons to support the reasons for not filing the application within the time specified in subregulation (2) and satisfactory reasons for deeming the application an emergency.

   (5) The Authority may refuse an application made under subregulation (4) where in the opinion of the Authority, the reasons given for emergency processing are not satisfactory.

   (6) An application for exemption shall be accompanied by a fee prescribed by the Authority.

123.   Initial review by Authority

   (1) The Authority shall review an application for exemption made under regulation 122(1) for accuracy and compliance according to the requirements of regulation 122.

   (2) Where the Authority determines that an application for an exemption meets the requirements of regulation 122, the Authority shall publish, in at least one local newspaper with wide circulation, a detailed summary of the application, for public comment, specifying the date by which the comments are to be received by the Authority for consideration.

   (3) Where an applicant does not meet the requirements of regulation 122, the Authority shall inform the applicant and no further action shall be taken on that application.

124.   Evaluation of application for exemption

   (1) The Authority shall conduct an evaluation of an application for an exemption after an initial review in accordance with regulation 122, to determine whether-

   (a)   the application by the applicant provides a level of safety equivalent to that established by the regulation from which the exemption is sought;

   (b)   a grant of the exemption would contravene the applicable standards; and

   (c)   the request should be granted or refused and if issued, any conditions or limitations that may be part of the exemption.

   (2) The Authority shall inform the applicant in writing and publish a detailed report of its evaluation and decision to grant or deny the application for exemption.

   (3) The report referred to in subregulation (2) shall specify the recommended duration of the exemption, where the exemption is proposed to be granted, and any recommended conditions or limitations of the exemption.

   (4) Where an exemption affects a significant population of the aviation industry, the Authority shall publish the report in the AIP

PART XVII
Miscellaneous (regs 125-139)

125.   Application of Part

   This Part shall apply to all categories of aerodromes.

126.   Use and retention of licences, certificates, records

   (1) A person shall not-

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

   (b)   forge or alter a certificate, licence, approval, permission, exemption or any other document issued or required by these Regulations;

   (c)   lend a certificate, licence, approval, permission, exemption or any other document issued or required by these Regulations to any other person; or

   (d)   make any false representation for the purpose of procuring for himself, herself or any other person the issue, renewal or amendment of a licence, certificate, approval, permission or exemption or other document.

   (2) A person shall not, during the period for which a licence, certificate or record is required to be preserved under these Regulations-

   (a)   mutilate, alter, render illegible or destroy a licence, certificate or any entry made in any record;

   (b)   knowingly make, procure or assist in the making of any false entry in a licence, certificate or record; and

   (c)   wilfully omit to make a material entry in a licence, certificate or record.

   (3) A record required to be maintained under these Regulations shall be recorded on a permanent and indelible material.

   (4) A person shall not purport to issue a licence, certificate or an exemption under these Regulations unless that person is authorised to do so.

   (5) The Authority may suspend or revoke a certificate of an operator who contravenes any provision of these Regulations.

   (6) A person who contravenes a provision of this regulation commits an offence and is liable, on conviction, to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or both.

127.   Replacement of certificate, licences or documents

   Any certificate, licence, exemption or document issued by the Authority under these Regulations shall be reproduced by the Authority, on request by the licensee, certificate holder, exemption holder or owner of the document, at a fee specified in Schedule 7.

128.   Aeronautical user charges

   (1) The Authority shall charge the fees specified in Schedule 7 in connection with-

   (a)   the issuance, validation, renewal, extension or variation of any certificate, licence or any document, including a copy of any of these;

   (b)   the undertaking of any examination, test, inspection or investigation;

   (c)   the change of name of an operator appearing on a certificate or licence; or

   (d)   the grant of any permission or approval required for the purpose of these Regulations.

   (2) The Authority shall, with regard to aerodromes established by the Authority, charge fees specified on Schedule 7 in connection with-

   (a)   aircraft landing fees;

   (b)   aircraft parking fees;

   (c)   passenger service charges;

   (d)   use or rental of any assets of the Authority; or

   (e)   any other services related to the functions of the Authority.

   (3) Where an application for which any fee charged under subregulation (1) is made, the applicant shall, before the application is processed, pay the required fee.

   (4) The Authority shall not refund any fee where an application is withdrawn after payment of a fee or where the application ceases to have effect or is refused.

129.   Dangerous light

   (1) A person shall not exhibit a light in the vicinity of an aerodrome which, by its glare, endangers the safety of an aircraft arriving or departing from the aerodrome.

   (2) Where in the opinion of the Authority, a light appears to be capable of endangering the safety of an aircraft as described in subregulation (1), the Authority may direct the operator of the place where the light is exhibited or the person having charge of the light, to extinguish the light and to prevent, the exhibition of the light, for a period, as may be specified by the Authority.

   (3) Any person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

130.   Lighting of en-route obstacles

   (1) An operator or a person in charge of an en-route obstacle shall ensure that the en-route obstacle is fitted with medium intensity steady red light-

   (a)   positioned as close as possible to the top of the obstacle; and

   (b)   spaced as far as practicable, equally between the top lights and ground level with an interval not exceeding 33 metres, at the intermediate levels.

   (2) Where any light which is required by this regulation to be displayed fails, the operator or the person in charge of an en-route obstacle shall repair or replace the light as soon as is reasonably practicable, but not later than twenty four hours after the failure of the light.

   (3) Subject to subregulation (2), the operator or the person in charge of an en-route obstacle shall ensure that the lights required to be fitted by this regulation are displayed.

   (4) The operator or the person in charge of an en-route obstacle shall ensure that sufficient light is fitted and arranged at each level of an obstacle where lights are required to be fitted, so as to show, when displayed, in all directions.

   (5) The Authority may direct that an en-route obstacle is fitted with additional lights which shall be displayed in such positions and at such times as the Authority may specify.

   (6) In this regulation-

   "en-route obstacle" means any building, structure or erection, which is one hundred metres or more, above ground level, except a building, structure or erection, which is in the vicinity of an aerodrome; and

   "medium intensity steady light" means a light, which complies with the characteristics described for a medium intensity type C light as specified in the BMIAS.

   (7) The Authority shall impose an administrative fine not exceeding P50 000 on an operator who fails to comply with a requirement of this regulation.

131.   Aeronautical studies

   (1) Where an aerodrome does not meet the requirements of any standards issued by the Authority, the Authority-

   (a)   may determine, after carrying out aeronautical studies, the conditions and procedures that are necessary to ensure a level of safety equivalent to that established by the relevant standard; and

   (b)   shall inform the operator to comply with condition and procedures from the aeronautical studies.

   (2) The Authority shall close an aerodrome, suspend or revoke a certificate where an operator fails to comply with the condition and procedures from aeronautical studies conducted under subregulation (1).

132.   Deviations from standards

   Any deviation from a standard issued by the Authority or procedures in these Regulations shall be set out in an endorsement on the aerodrome manual and shall be approved by the Authority.

133.   Safety inspections and audits

   The Authority shall-

   (a)   carry out such safety inspections and audits as may be necessary for the purpose of verifying the validity of an application for construction and operation of an aerodrome; and

   (b)   carry out safety inspections and audits of any document and records of an operator, which may be necessary to determine compliance with the appropriate requirements as prescribed in these Regulations.

134.   Obligation to insure aerodrome

   (1) A person shall not operate, or cause or permit an aerodrome to be operated unless there is a policy of insurance in force in relation to the aerodrome.

   (2) A policy of insurance shall be of no effect for the purposes of subregulation (1) unless-

   (a)   there has been issued by the insurer to the operator a certificate in relation to the policy of insurance in such form and containing such particulars as the Authority may prescribe, and

   (b)   the operator has sent, or caused to be sent, to the Authority a copy of the certificate required under subregulation (1).

   (3) Where a policy of insurance expires, a licence or certificate issued under these Regulations in respect of the aerodrome to which the policy of insurance relates, shall be deemed to have been revoked.

   (4) A licence or certificate shall not be renewed or amended under these Regulations, in relation to the operation of an aerodrome where the policy of insurance expires.

   (5) For the purpose of this regulation, "policy of insurance" means a policy which insures an operator against liability in respect of loss and damage caused to any person or property at that aerodrome and which complies with any conditions as may be prescribed by the Authority.

   (6) This regulation shall not apply to aerodromes in categories C, D and E, unless required by the Authority.

135.   Heliports

   The standards and recommended practices for heliports design and operations are contained in the ICAO, Annex 14 Volume II.

136.   Use of military aerodromes

   (1) A person shall not operate a civil aircraft in a military aerodrome without the written consent of the Authority.

   (2) The Authority shall impose an administrative fine not exceeding P25 000 on a person who fails to comply with a requirement of this regulation.

137.   Accident investigation

   (1) An accident or incident on an aerodrome shall be investigated in accordance with Part XV of the Act and the Civil Aviation (Accident and Investigation) Regulations.

   (2) Subject to subregulation (1), the Authority may conduct its own internal investigations to determine if any breach of aerodromes safety regulations and requirements contributed to an accident or incident.

138.   General penalty

   A person who contravenes a provision of any regulation for which no penalty is prescribed, commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.

139.   Savings and transition

   (1) A licence, certificate or any document issued to any operator before the commencement of these Regulations shall continue in force as if issued under these Regulations, until the licence, certificate or document expires or is revoked by the Authority.

   (2) Any person who, immediately before the commencement of these Regulations was operating as an operator shall, within six months after the commencement of these Regulations, comply with these Regulations.

SCHEDULES

SCHEDULE 1

FORM A
AERODROME ESTABLISHMENT CERTIFICATE APPLICATION FORM

(reg 11(4))

An aerodrome establishment certificate applicant shall complete both section 1 and 2 of the application, below, in full.

Section 1. PARTICULARS REGARDING THE APPLICANT

1.1 Full name of Applicant: .......................................................................................

1.2 (a)   Proposed Aerodrome Name: ........................................................................

   (b)   Geographical Position: South .............................. East..............................

   (c)   Aerodrome Category: ...............................................................................

1.3 Physical address:

1.4 Postal address:

1.5 Telephone number:

1.6 Telefax number:

1.7 Cellular phone number:

1.8 E-mail address:

1.9 Legal status of applicant/holder (individual/close corporation/company/trust/other - specify):

1.10 Registration number in the case of a close corporation/company/trust:

1.11 Full particulars in respect of the individual/each responsible director/shareholder/partner/ member/office bearer:

   Name

Position

Identity number

Nationality

Country of permanent residence

1.12 Are you the owner of the aerodrome site? ................. (enclosed proof of ownership)

   (a)   If yes, please enclose documents of ownership; and

   (b)   If not, please enclose any documented rights you hold over the site.

Section 2

2.1 The Aerodrome Design Plans shall clearly show, as prescribed by the Authority:

   aerodrome physical characteristics (minimum runway dimensions - 1200m x 18m for categories BWa, BWB, BWC, A and B)

    obstacle limitation surfaces

    integrated security measures in accordance with the Civil Aviation (Security) Regulations

    visual aids for navigation obstacles and restricted areas

    appropriate equipment and installations

    airspace classification, where appropriate

    topographical map, indicating contours at one (1) metre intervals

2.2 Before submitting an application for an aerodrome establishment certificate, the applicant shall consult all relevant land authorities and enclose consent letters from the following:

    Ministry of Lands and Housing where the aerodrome site is on State Land

    Local Land Board and Tribal Authority where the aerodrome site is on tribal land

    the Director of the Department of Environmental Affairs