CIVIL AVIATION: SUBSIDIARY LEGISLATION: AIR NAVIGATION REGULATIONS
(under section 16)
(30th June, 1977)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Citation and Interpretation
1. Citation
2. Interpretation
PART II
Registration and Marking of Aircraft
3. Aircraft to be registered
4. Registration of aircraft in Botswana
5. Nationality and registration marks
PART III
Air Operator's Certificates
6. Issue of air operator's certificates
PART IV
Airworthiness and Equipment of Aircraft
7. Certificate of airworthiness to be in force
8. Issue, renewal, etc. of certificates of airworthiness
9. Certification of maintenance
10. Technical log
11. Inspection, overhaul, repair, replacement and modification
12. Licensing of maintenance engineers
13. Equipment of aircraft
14. Radio equipment of aircraft
15. Aircraft, engine and propeller log books
16. Aircraft weight schedule
17. Access and inspection for airworthiness purposes
PART V
Aircraft Crew and Licensing
18. Composition of crew of aircraft
19. Members of flight crew-requirement of licences
20. Grant, renewal and effect of flight crew licences
21. Validation of licences
22. Personal flying log book
23. Instruction in flying
24. Glider pilot-minimum age
PART VI
Operation of Aircraft
25. Operations manual
26. Training manual
27. Public transport-operator's responsibilities
28. Loading-public transport aircraft and suspended loads
29. Public transport-operating conditions
30. Aircraft registered in Botswana-aerodrome operating minima
31. Aircraft not registered in Botswana-aerodrome operating minima
32. Pre-flight action by commander of aircraft
33. Pilots to remain at controls
34. Public transport of passengers-duties of commander
35. Operation of radio in aircraft
36. Use of flight data recorders and preservation of records
37. Towing of gliders
38. Towing, picking up and raising of persons and articles
39. Dropping of persons, animals and articles
40. Carriage of weapons and of munitions of war
41. Carriage of dangerous goods
42. Method of carriage of persons
43. Exits and break-in markings
44. Imperilling safety of aircraft
45. Imperilling safety of any person or property
46. Drunkenness in aircraft
47. Smoking in aircraft
48. Authority of commander of aircraft
49. Stowaways
PART VII
Fatigue of Crew
50. Application and interpretation of Part VII
51. Fatigue of crew-operator's responsibilities
52. Fatigue of crew-responsibilities of crew
53. Flight times-responsibilities of flight crew
PART VIII
Documents and Records
54. Documents to be carried
55. Records to be kept
56. Production of documents and records
57. Preservation of documents, etc.
58. Revocation, suspension and variation of certificates, licences and other documents
59. Offences in relation to documents and records
PART IX
Control of Air Traffic
60. Rules of the air and air traffic control
61. Licensing of air traffic controllers and student air traffic controllers
62. Prohibition of unlicensed air traffic controllers
63. Incapacity of air traffic controllers
64. Power to prohibit or restrict flying
65. Balloons, kites and airships
PART X
Aerodromes, Aeronautical Lights and Dangerous Lights
66. Aerodromes: public transport of passengers and instruction in flying
67. Use of Government aerodromes
68. Licensing of aerodromes
69. Radio equipment at aerodromes
70. Records at aerodromes
71. Charges at aerodromes licensed for public use
72. Aircraft of countries entitled to use of aerodromes
73. Noise and vibration caused by aircraft on aerodromes
74. Aeronautical lights
75. Dangerous lights
PART XI
General
76. Prohibited areas
77. Restriction regarding aerial photography and survey
78. Mandatory reporting
79. Power to prevent aircraft flying
80. Right of access to aerodromes and other places
81. Obstruction of persons
82. Enforcement of directions
83. Penalties
84. Extra-territorial effect of Regulations
85. Small aircraft
86. Power to exempt from certain provisions
First Schedule
Second Schedule - A and B conditions
Third Schedule
Fourth Schedule - Maintenance Engineers: Privileges of Licences
Fifth Schedule - Aircraft Equipment
Sixth Schedule - Radio Equipment to be carried in Aircraft
Seventh Schedule - Air, Engine and Propeller Log Book
Eighth Schedule - Areas specified in connection with the carriage of flight Navigation as Members of the Flight Crews or Approved Navigational Equipment on Public Transport Aircraft
Ninth Schedule - Flight Crew of Aircraft: Licences and Ratings
Tenth Schedule - Air Traffic Controllers: Ratings
Eleventh Schedule - Public Transport-Operational Requirements
Twelfth Schedule - Documents to be carried by Aircraft Registered in Botswana
Thirteenth Schedule - Penalties
Fourteenth Schedule - Rules of the Air and Air Control
Fifteenth Schedule - Air Navigation (General) Rules
S.I. 84, 1977,
S.I. 82, 1978.
PART I
Citation and Interpretation (regs 1-2)
These Regulations may be cited as the Air Navigation Regulations.
(1) In these Regulations, unless the context otherwise requires—
"aerial work" means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;
"aerial work aircraft" means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;
"aerial work undertaking" means an undertaking whose business includes the performance of aerial work;
"aerobatic manoeuvres" includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;
"aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which, for affording facilities for the landing and departure of aircraft, has been abandoned and has not been resumed;
"aerodrome operating minima", in relation to the operation of an aircraft at an aerodrome, means the cloud ceiling and runway visual range for take-off, and the decision height, runway visual range and visual reference for landing, specified by the operator in, or ascertainable by reference to, the operations manual as being the minima for the operation of that aircraft at that aerodrome;
"aerodrome traffic zone", in relation to any aerodrome, means the airspace extending from the surface to a height of 2 000 feet above the level of the aerodrome and within a distance of 11/2 nautical miles of its boundaries except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of these Regulations as being the controlling aerodrome;
"aeronautical light" means any light established for the purpose of aiding air navigation;
"aeronautical radio station" means a radio station on the surface which transmits or receives signals for the purpose of assisting aircraft;
"air traffic control unit" means a person appointed by the Director or by any other person maintaining an aerodrome or place to give instructions or advice or both instructions and advice by means of radio signals to aircraft in the interests of safety, and "air traffic control service" shall be construed accordingly;
"air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;
"approach to landing" means that portion of the flight of the aircraft in which it is descending below a height of 1 000 feet above the decision height of the relevant minimum for landing;
"appropriate aeronautical radio station", in relation to an aircraft, means an aeronautical radio station serving the area in which the aircraft is for the time being;
"appropriate air traffic control unit", in relation to an aircraft, means the air traffic control unit serving the area in which the aircraft is for the time being;
"authorised person" means any person authorised by the Minister either generally or in relation to a particular case or class of cases, and a reference to a person authorised by the Minister includes a reference to the holder for the time being of any office designated by the Minister;
"cargo" includes mail and animals;
"certificate of airworthiness" includes any validation thereof and any flight manual, performance schedule or other document, whatever its title, incorporated by reference in that certificate relating to the certificate of airworthiness;
"certificate of maintenance" and "certificate of compliance" have the meanings respectively assigned to them under regulations 9(1) and 11(4);
"cloud ceiling", in relation to an aerodrome, means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one-half of the sky so visible;
"commander", in relation to an aircraft, means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
"competent authority" means, in relation to Botswana, the Minister, and, in relation to any other country, the authority responsible under the law of that country for promoting the safety of civil aviation;
"congested area", in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;
"contracting State" means any State which is a party to the Convention on International Civil Aviation signed at Chicago on 7th December, 1944;
"control area" means airspace which has been notified as such and which extends upwards from a notified altitude;
"controlled airspace" means control areas and control zones;
"control zone" means airspace which has been notified as such and which extends upwards from the surface;
"co-pilot", in relation to an aircraft, means a pilot who is performing his duties as such and is subject to the direction of another pilot carried in the aircraft;
"crew" has the meaning assigned to it under subregulation (3);
"decision height", in relation to the operation of an aircraft at an aerodrome, means the minimum height specified by the operator in, or ascertainable by reference to, the operations manual as being the minimum height to which an approach to landing can safely be made by that aircraft at that aerodrome without visual reference to the ground;
"flight" and "to fly" have the meaning respectively assigned to them under subregulation (2);
"flight crew", in relation to an aircraft, means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft;
"flight level" means one of a series of levels of equal atmospheric pressure, separated by notified intervals and each expressed as the number of hundreds of feet which would be indicated at that level on a pressure altimeter calibrated in accordance with the International Standard Atmosphere and set to 1 013,2 millibars;
"flight simulator" means apparatus by means of which flight conditions in an aircraft are simulated on the ground;
"flight visibility" means the visibility forward from the flight deck of an aircraft in flight;
"Government aerodrome" means any aerodrome in Botswana which is under the control of the Minister or is in the occupation of any Government department or visiting force;
"Instrument Flight Rules" means Instrument Flight Rules contained in the Rules of the Air and Air Traffic Control;
"Instrument Meteorological Conditions" means weather precluding flight in compliance with the Visual Flight Rules;
"to land", in relation to aircraft, includes alighting on the water;
"licence" includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;
"licence for public use" has the meaning assigned to it under regulation 68(2);
"licensed aerodrome" means an aerodrome licensed under these Regulations;
"lifejacket" includes any device designed to support a person individually in or on the water;
"log book", in the case of an aircraft log book, engine log book or variable pitch propeller log book, includes a record kept either in a book or by any other means approved by the Director in the particular case;
"maximum total weight authorised", in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;
"military aircraft" includes the naval, military or air force aircraft of any country and any aircraft in respect of which there is in force a certificate issued by the Minister that the aircraft is to be treated for the purposes of these Regulations as a military aircraft;
"nautical mile" means the International Nautical Mile, that is, a distance of 1 852 m;
"navigation services" includes information, directions and other facilities furnished, issued or provided for the purposes of or in connection with the navigation or movement of aircraft;
"night" means the time between half-an-hour after sunset and half-an-hour before sunrise, sunset and sunrise being determined at surface level;
"notified" means shown in any of the following publications issued in Botswana whether before or after the coming into operation of these Regulations, namely, "Aeronautical Information Publication", "Notams (Notices to Airmen)", "Information Circulars", "Flight Safety Notices", "Aeronautical Engineering Notices" or such other official publications so issued for the purpose of enabling any of the provisions of these Regulations to be complied with;
"operator" has the meaning assigned to it under subregulation (4);
"pilot-in-command", in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
"pressurized aircraft" means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere;
"public transport" has the meaning assigned to it under subregulations (5) and (6);
"public transport aircraft" means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport;
"record" includes, in addition to a record in writing—
(a) any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced therefrom;
(b) any film, tape or other device in which visual images are embodied so as to be capable of being reproduced therefrom; and
(c) any photograph,
and any reference to a copy of a record includes, in the case of a record falling within paragraph (a), a transcript of the sounds or signals embodied therein, in the case of a record falling within paragraph (b), a still reproduction of the images embodied therein, and, in the case of a record falling within both those paragraphs, such a transcript together with such a still reproduction;
"replacement", in relation to any part of an aircraft or its equipment, includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced, or cargo to be loaded;
"Rules of the Air and Air Traffic Control" means the Rules contained in the Fourteenth Schedule;
"runway visual range", in relation to a runway or landing strip, means the maximum distance in the direction of take-off or landing, as the case may be, at which the runway or landing strip or the markers or lights delineating it can be seen from a point 5 m above its centre line; and, in the case of an aerodrome in Botswana, the distance, if any, communicated to the commander of the aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be the runway visual range for the time being;
"scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service;
"special VFR flight" means a flight which is a special VFR flight for the purposes of the Rules of the Air and Air Traffic Control;
"Visual Flight Rules" means Visual Flight Rules contained in the Rules of the Air and Air Traffic Control;
"Visual Meteorological Conditions" means weather permitting flight in accordance with the Visual Flight Rules.
(2) An aircraft shall be deemed to be in flight—
(a) in the case of a piloted flying machine, from the moment when, after the embarkation of its crew for the purpose of taking off, it first moves under its own power until the moment when it next comes to rest after landing;
(b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it next comes to rest after landing;
(c) in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon,
and the expressions "a flight" and "to fly" shall be construed accordingly.
(3) Every person employed or engaged in an aircraft in flight on the business of the aircraft shall be deemed to be a member of the crew thereof.
(4) References in these Regulations to the operator of an aircraft are, for the purposes of the application of any provision of these Regulations in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft, and cognate expressions shall be construed accordingly:
Provided that, for the purposes of the application of any provision in Part IV, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking has the management of that aircraft for a period not exceeding 14 days, the foregoing provisions of this subregulation shall have effect as if that agreement had not been entered into.
(5) Subject to the provisions of this subregulation, an aircraft in flight shall for the purposes of these Regulations be deemed to fly for the purpose of public transport—
(a) if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight;
(b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its director), persons with the authority of the Director either making any inspection or witnessing any training, practice or test for the purposes of these Regulations, or cargo intended to be used by any such passengers, or by the undertaking; or
(c) for the purposes of Part IV, if hire or reward is given or promised for the right to fly the aircraft on that flight (not being a single-seater aircraft of which the maximum total weight authorised does not exceed 910 kg and in respect of which a certificate of airworthiness of the Special Category is in force) otherwise than under a hire-purchase agreement,
and the expression "public transport of passengers" shall be construed accordingly:
Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport, by reason of paragraph (c), it shall not be deemed to be flying for the purpose of the public transport of passengers unless hire or reward is given for the carriage of those passengers.
(6) Where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be given or promised if the transaction were effected otherwise than aforesaid, hire or reward shall, for the purposes of these Regulations, be deemed to have been given or promised, notwithstanding any rule of law as to such transactions.
(7) The expressions appearing in the "General Classification of Aircraft" set forth in Part A of the First Schedule shall have the meanings thereby assigned to them.
PART II
Registration and Marking of Aircraft (regs 3-5)
(1) An aircraft shall not fly in or over Botswana unless it is registered in—
(a) Botswana;
(b) a contracting State; or
(c) some other country in relation to which there is in force an agreement between the Government of Botswana and the Government of that country which makes provision for the flight over Botswana of aircraft registered in that country.
(2) If an aircraft flies over Botswana in contravention of subregulation (1) in such manner or circumstances that if the aircraft had been registered in Botswana an offence against these Regulations would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
4. Registration of aircraft in Botswana
(1) The Director shall be the authority for the registration of aircraft in Botswana and shall cause a register to be kept.
(2) Subject to the provisions of this regulation, an aircraft shall not be registered or continue to be registered in Botswana if it appears to the Director that—
(a) the aircraft is registered outside Botswana and that such registration does not cease by operation of law upon the aircraft being registered in Botswana;
(b) an unqualified person holds any legal or beneficial interest by way of ownership in the aircraft or any share therein;
(c) the aircraft could more suitably be registered in some other country; or
(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Botswana.
(3) The following persons and no others shall be qualified to hold a legal or beneficial interest by way of ownership in an aircraft registered in Botswana or a share therein—
(a) the Government;
(b) Botswana citizens; and
(c) companies incorporated in Botswana under the Companies Act (Cap. 42:01) and having their principal place of business in Botswana.
(4) If an unqualified person residing or having a place of business in Botswana holds a legal or beneficial interest by way of ownership in an aircraft, or a share therein, the Director, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Botswana, and such person shall not cause or permit the aircraft, while it is registered in pursuance of this subregulation, to be used for the purpose of public transport or aerial work.
(5) If an aircraft is chartered by demise to a person qualified as aforesaid the Director may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in Botswana in the name of the charterer upon being satisfied that the aircraft may otherwise be properly so registered, and subject to the provisions of this regulation the aircraft may remain so registered during the continuation of the charter.
(6) Application for the registration of an aircraft in Botswana shall be made in writing to the Director, and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in Botswana and to issue the certificate referred to in subregulation (8). In particular, the application shall include the proper description of the aircraft according to column 4 of the "General Classification of Aircraft" set forth in Part A of the First Schedule.
(7) Upon receiving an application for the registration of an aircraft in Botswana and being satisfied that the aircraft may properly be so registered, the Director shall register the aircraft, wherever it may be, and shall include in the register the following particulars—
(a) the number of the certificate;
(b) the nationality mark of the aircraft, and the registration mark assigned to it by the Director;
(c) the name of the contractor of the aircraft and its designation;
(d) the serial number of the aircraft; and
(e) (i) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of an aircraft which is the subject of a charter by demise, the name and address of the charterer by demise; and
(ii) in the case of an aircraft registered in pursuance of subregulation (4) or (5), an indication that it is so registered.
(8) The Director shall furnish to the person in whose name the aircraft is registered (hereinafter in this regulation referred to as "the registered owner") a certificate of registration, which shall include the foregoing particulars and the date on which the certificate was issued.
(9) Subject to subregulations (4) and (5), if at any time after an aircraft has been registered in Botswana an unqualified person becomes entitled to a legal or beneficial interest by way of ownership in the aircraft or a share therein, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Director.
(10) Any person who is the registered owner of an aircraft registered in Botswana shall forthwith inform the Director in writing of—
(a) any change in the particulars which were furnished to the Director upon application being made for the registration of the aircraft;
(b) the destruction of the aircraft, or its permanent withdrawal from use; and
(c) in the case of an aircraft registered in pursuance of subregulation (5), the termination of the demise charter.
(11) Any person who becomes the owner of an aircraft registered in Botswana shall forthwith inform the Director in writing to that effect.
(12) The Director may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part or for bringing up-to-date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, may cancel the registration of the aircraft, and shall cancel that registration if he is satisfied that there has been a change in the ownership of the aircraft.
(13) The Director may adapt or modify the foregoing provisions of this Part as he deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the Botswana register, either generally or in relation to a particular case or class of cases.
(14) In this regulation references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the reference in subregulations (10) and (11) to the registered owner of an aircraft includes, in the case of a deceased person, his legal personal representative, and, in the case of a body corporate which has been dissolved, its successor.
(15) Nothing in this regulation shall require the Director to cancel the registration of an aircraft if in his opinion it would be inexpedient in the public interest to do so.
5. Nationality and registration marks
(1) An aircraft shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.
(2) The marks to be borne by aircraft registered in Botswana shall comply with Part B of the First Schedule.
(3) An aircraft shall not bear any marks which purport to indicate—
(a) that the aircraft is registered in a country in which it is not in fact registered; or
(b) that the aircraft is a State aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.
PART III
Air Operator's Certificates (reg 6)
6. Issue of air operator's certificates
(1) An aircraft registered in Botswana shall not fly on any flight for the purpose of public transport otherwise than under and in accordance with the terms of an air operator's certificate granted to the operator of the aircraft under subregulation (2) certifying that the holder of the certificate is competent to secure that aircraft operated by him on such flights as that in question are operated safely.
(2) The Director may grant to any person applying therefor an air operator's certificate if he is satisfied that that person is competent, having regard in particular to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the certificate on flights of the description and for the purposes so specified.
(3) The certificate may be granted subject to such conditions as the Director thinks fit and shall, subject to the provisions of regulation 58, remain in force for the period specified in the certificate.
PART IV
Airworthiness and Equipment of Aircraft (regs 7-17)
7. Certificate of airworthiness to be in force
(1) An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with:
Provided that the foregoing prohibition shall not apply to flights, beginning and ending in Botswana without passing over any other country, of—
(i) a glider, if it is not being used for the public transport of passengers or aerial work;
(ii) a balloon, if it is not being used for the public transport of passengers;
(iii) a kite;
(iv) an aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in the Second Schedule;
(v) an aircraft flying in accordance with the conditions of a permit to fly issued by the Director in respect of that aircraft.
(2) In the case of an aircraft registered in Botswana, the certificate of airworthiness referred to in subregulation (1) shall be a certificate issued or rendered valid in accordance with the provisions of regulation 8.
8. Issue, renewal, etc., of certificates of airworthiness
(1) The Director may issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to—
(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and
(b) the results of flying trials, and such other tests of the aircraft as he may require:
Provided that, if the Director has issued a certificate of airworthiness in respect of an aircraft which, in his opinion, is a prototype aircraft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification.
(2) Every certificate of airworthiness shall specify such categories as are, in the opinion of the Director, appropriate to the aircraft in accordance with the Third Schedule and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in the said Schedule in relation to those categories.
(3) The Director may issue the certificates of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.
(4) The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in regulation 29(1).
(5) The Director may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of these Regulations a certificate of airworthiness issued in respect of any aircraft under the law of any country other than Botswana.
(6) Subject to the provisions of this regulation and of regulation 58, a certificate of airworthiness or validation issued under this regulation shall remain in force for such period as may be specified therein, and may be renewed from time to time by the Director for such further period as he thinks fit.
(7) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force—
(a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Director either generally or in relation to a class of aircraft or to the particular aircraft;
(b) until the completion of any inspection of the aircraft or of any such equipment as aforesaid, being an inspection required by the Director to be made for the purpose of ascertaining whether the aircraft remains airworthy;
(c) until the completion to the satisfaction of the Director of any modification of the aircraft or of any such equipment as aforesaid, being a modification required by the Director for the purpose of ensuring that the aircraft remains airworthy.
(8) Without prejudice to any other provision of these Regulations the Director may, for the purposes of this regulation, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.
9. Certification of maintenance
(1) An aircraft registered in Botswana shall not fly for the purpose of public transport or dropping or projecting any material for agricultural, public health or similar purposes unless—
(a) the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with maintenance schedules approved by the Director in relation to that aircraft; and
(b) there are in force in respect of that aircraft certificates (in these Regulations referred to as "certificates of maintenance") issued in accordance with the provisions of this regulation and certifying that maintenance has been carried out in accordance with such maintenance schedules:
Provided that an aircraft may, notwithstanding that paragraphs (a) and (b) have not been complied with in relation to the radio station therein, fly for the sole purpose of enabling persons to be trained to perform duties in aircraft.
(2) An aeroplane registered in Botswana shall not fly unless the flight data recording system, if any, required by or under these Regulations to be carried, is maintained in accordance with a maintenance schedule approved by the Director in relation to that equipment and there is in force in respect of that equipment a certificate of maintenance issued in accordance with the provisions of this regulation and certifying that maintenance has been carried out in accordance with such maintenance schedule.
(3) Every certificate of maintenance shall come into force upon being issued and shall cease to be in force upon the expiration of the period of its validity in elapsed time or flying time, whichever may be the earlier, as specified in the relevant maintenance schedule, and the period of validity of the certificate shall be recorded in the certificate at the time when it is issued.
(4) A certificate of maintenance may be issued for the purposes of this regulation only by—
(a) the holder of a licence granted under these Regulations as an aircraft maintenance engineer being a licence of a category appropriate in accordance with regulation 12 and the Fourth Schedule;
(b) the holder of a licence as such an engineer granted under the law of a country other than Botswana and rendered valid under these Regulations, in accordance with the privileges endorsed on the licence;
(c) the holder of a licence as such an engineer granted under the law of any contracting State, in accordance with the privileges endorsed on the licence and subject to any conditions specified in the Fifteenth Schedule; or
(d) a person whom the Director has authorised to issue a certificate of maintenance in a particular case, and in accordance with that authority:
Provided that, upon approving a maintenance schedule, the Director may direct that certificates of maintenance relating to that schedule, or to any part thereof specified in its direction, may be issued only by the holder of such a licence as is so specified.
(5) Certificates of maintenance shall be issued in duplicate. One of the duplicates shall, during the period of validity of the certificate, be carried in the aircraft when regulation 54 so requires, and the other shall be kept by the operator elsewhere than in the aircraft.
(1) A technical log shall be carried by all aircraft operated in the public transport, aerial work and, when the Director so requires, by aircraft operated in the Special Categories.
(2) A technical log shall show the time and place of each departure and arrival, the flight time and the total flight time completed since the issue of a certificate of maintenance and all times shown therein shall be in accordance with the interpretation provided by regulation 2(2).
(3) A technical log may also be required to show the fuel and oil uplifts and where such uplifts were made.
(4) A technical log shall be signed by the commander at the end of every flight and, if no defects were noted, a statement to that effect.
(5) If defects were noted, full particulars of each and every defect shall be given and such statement signed by the commander:
Provided that, in the case of a number of consecutive flights beginning and ending on the same day and with the same person as commander of the aircraft, the commander of an aircraft—
(i) flying for the purpose of public transport where each of the aforesaid consecutive flights begins at the same aerodrome and ends at that aerodrome; or
(ii) flying for the purpose of dropping or projecting any material for agriculture, public health or similar purposes,
may, except where he becomes aware of a defect during an earlier flight, make the entries as aforesaid in a technical log at the end of the last of such consecutive flight.
(6) Upon a rectification being entered in the technical log the aircraft shall not again fly until the defect has been cleared by an appropriately licensed aircraft maintenance engineer.
(7) Each rectification shall be signed for in the space provided by an appropriately licensed aircraft maintenance engineer.
(8) Upon the rectification of any defect which has been entered in a technical log in accordance with subregulation (5), a copy of the certificate of compliance required by regulation 11 in respect of the work done for the rectification of the defect shall be entered in the technical log in such a position or manner as to be readily identifiable with the entry of the defect to which it relates.
(9) Whenever work is carried out in accordance with an approved maintenance schedule an entry shall be made in the technical log as required by subregulations (7) and (8) and shall be signed for by an appropriately licensed aircraft maintenance engineer.
(10) Copies of the entries referred to in subregulations (2), (3), (4), (5), (6), (7) and (8) shall be kept on the ground.
(11) Subject to the provisions of regulation 57, every technical log shall be preserved by the operator of the aircraft for a period of two years following the date of the last entry and for such further period as the Director may require in any particular case.
11. Inspection, overhaul, repair, replacement and modification
(1) An aircraft registered in Botswana, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force, shall not fly (except as provided for in subregulation (2)) if any part of the aircraft or of such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced or modified, or has been inspected as provided in regulation 8(7)(b), unless there is in force a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair, replacement, modification or inspection, as the case may be:
Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such place that it is not reasonably practicable—
(i) for the repair or replacement to be carried out in such a manner that a certificate of compliance can be issued under this regulation in respect thereof; or
(ii) for such a certificate to be issued while the aircraft is at that place,
the aircraft may fly to a place at which such a certificate can be issued, being the nearest place—
(a) to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and
(b) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board,
and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Director within 10 days thereafter.
(2) Nothing in subregulation (1) shall prevent an aircraft from flying otherwise than for the purpose of public transport if the only repairs or replacements in respect of which a certificate of compliance is not in force are of such a description as are specified in paragraph 11 of the Fifteenth Schedule and have been carried out personally by the owner or operator of the aircraft being the holder of a pilot's licence (other than a student pilot's licence) granted or rendered valid under these Regulations. In that event, the owner or operator, as the case may be, of the aircraft shall keep in a log book a record which identifies the repair or replacement and shall sign and date the entries and, subject to the provisions of regulation 57, shall preserve the log book for a period of two years from the date of the last entry therein. Any equipment or parts used in carrying out such repairs or replacements shall be of a type approved by the Director whether generally or in relation to a class of aircraft or the particular aircraft.
(3) Neither—
(a) equipment provided in compliance with the Fifth Schedule (except paragraph 2 thereof); nor
(b) in the case of a public transport aircraft, radio apparatus provided for use therein or in any survival craft carried therein, whether or not such apparatus is provided in compliance with these Regulations,
shall be installed, or placed on board for use, in an aircraft registered in Botswana after being overhauled, repaired or modified, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair or modification, as the case may be.
(4) For the purposes of these Regulations "certificate of compliance" means a certificate that the part of the aircraft or its equipment has been overhauled, repaired, replaced or modified, as the case may be, in a manner and with material of a type approved by the Director either generally or in relation to a class of aircraft or the particular aircraft and which identified the overhaul, repair, replacement or modification to which it relates and includes particulars of the work done; and in relation to an inspection required by the Director that the inspection has been made in accordance with the requirement of the Director and that any consequential repair or replacement has been carried out as aforesaid.
(5) A certificate of compliance may be issued for the purposes of this regulation only by—
(a) the holder of a licence granted under these Regulations as an aircraft maintenance engineer, being a licence of a category appropriate in accordance with regulation 12 and the Fourth Schedule;
(b) the holder of a licence as such an engineer granted under the law of a country other than Botswana and rendered valid under these Regulations, in accordance with the privileges endorsed on the licence;
(c) the holder of a licence as such an engineer granted under the law of any country specified by the Director, in accordance with the privileges endorsed on the licence and subject to any conditions specified;
(d) the holder of a licence or authorisation as such an engineer granted or issued by or under the law of any contracting State in which the overhaul, repair, replacement, modification or inspection has been carried out;
(e) a person approved by the Director as being competent to issue such certificate;
(f) a person whom the Director has authorised to issue the certificate in a particular case; or
(g) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilot's Licence (Aeroplanes), a Senior Commercial Pilot's Licence (Aeroplanes) or a Flight Navigator's Licence granted or rendered valid under these Regulations.
(6) Subject to the provisions of regulation 57, if the aircraft to which a certificate of compliance relates is a public transport aircraft or an aerial work aircraft the certificate of compliance shall be preserved by the operator of the aircraft for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus, as the case may be. In the case of any other aircraft the certificate shall be preserved by the operator of the aircraft for a period of two years.
(7) In this regulation the expression "repair" includes, in relation to a compass, the adjustment and compensation thereof, and the expression "repaired" shall be construed accordingly.
12. Licensing of maintenance engineers
(1) The Director may grant to any person a licence to act for the purposes of these Regulations as an aircraft maintenance engineer of one of the categories specified in the Fourth Schedule upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by his knowledge, experience, competence and skill to do so, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Director may require of him. The Director may include a rating in the licence limiting the licence to particular types of aircraft or equipment.
(2) A licence of any category shall, subject to any rating as aforesaid, entitle the holder to issue certificates of maintenance, certificates of release, certificates of compliance or certificates of fitness for flight, in accordance with the Fourth Schedule.
(3) A licence and a rating shall, subject to the provisions of regulation 58, remain in force for the periods specified therein, not exceeding two years, but may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit person and is qualified as aforesaid.
(4) The Director may issue a certificate rendering valid for the purposes of these Regulations any licence as an aircraft maintenance engineer or aircraft radio maintenance engineer granted under the law of any country other than Botswana; such certificate may be issued subject to such conditions and for such period as the Director thinks fit.
(5) Upon receiving a licence granted under this regulation, the holder shall forthwith sign his name thereon in ink with his ordinary signature.
(1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance with these Regulations.
(2) In the case of aircraft registered in Botswana the equipment required to be provided (in addition to any other equipment required by or under these Regulations) shall be that specified in such parts of the Fifth Schedule as are applicable in the circumstances and shall comply with the provisions of that Schedule. The equipment, except that specified in paragraph 2 of the said Schedule, shall be of a type approved by the Director either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(3) In any particular case the Director may direct that an aircraft registered in Botswana shall carry such additional or special equipment or supplies as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft.
(4) The equipment carried in compliance with this regulation shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.
(5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft. In particular, in every public transport aircraft registered in Botswana, there shall be—
(a) exhibited in a prominent position in every passenger compartment; or
(b) provided individually for each passenger,
a notice stating where the lifejackets, if any, are to be found, and containing instructions as to how they are to be used.
(6) All equipment installed or carried in an aircraft, whether or not in compliance with this regulation, shall be so installed or stowed and kept stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.
(7) Without prejudice to subregulation (2), all navigational equipment (other than radio apparatus) of any of the following types—
(a) equipment capable of establishing the aircraft's position in relation to its position at some earlier time by computing and applying the result of the acceleration and gravitational forces acting upon it; and
(b) equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies,
when carried in an aircraft registered in Botswana (whether or not in compliance with these Regulations) shall be of a type approved by the Director either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(8) This regulation shall not apply in relation to radio apparatus except that specified in the Fifth Schedule.
14. Radio equipment of aircraft
(1) An aircraft shall not fly unless it is so equipped with radio equipment as to comply with the law of the country in which the aircraft is registered and to enable communications to be made and the aircraft to be navigated, in accordance with the provisions of these Regulations.
(2) Without prejudice to subregulation (1), the aircraft shall be equipped with radio equipment, in accordance with the Sixth Schedule.
(3) In any particular case the Director may direct that an aircraft registered in Botswana shall carry such additional or special radio equipment as he may specify for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations or the survival of the persons carried in the aircraft.
(4) Subject to such exceptions as may be prescribed, the radio equipment provided in compliance with this regulation in an aircraft registered in Botswana shall always be maintained in serviceable condition.
(5) All radio equipment installed in an aircraft registered in Botswana (whether or not in compliance with these Regulations) shall be of a type approved by the Director in relation to the purpose for which it is to be used, and shall be installed in a manner approved by the Director. Neither the equipment nor the manner in which it is installed shall be modified except with the approval in writing of the Director.
15. Aircraft, engine and propeller log books
(1) In addition to any other log books required by or under these Regulations, the following log books shall be kept in respect of every aircraft registered in Botswana—
(a) an aircraft log book;
(b) a separate log book in respect of each engine fitted in the aircraft; and
(c) a separate log book in respect of each variable pitch propeller fitted to the aircraft.
The log books shall include the particulars respectively specified in the Seventh Schedule.
(2) Each entry in the log book shall be made as soon as practicable after the occurrence to which it relates, but in no event more than seven days after the expiration of the certificate of maintenance, if any, in force in respect of the aircraft at the time of the occurrence.
(3) Entries in a log book may refer to other documents, which shall be clearly identified, and any other document so referred to shall be deemed, for the purposes of these Regulations, to be part of the log book.
(4) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept as aforesaid to keep them or cause them to be kept in accordance with the foregoing provisions of this regulation.
(5) Subject to the provisions of regulation 57, every log book shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.
(1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Director may require in the case of that aircraft.
(2) Upon the aircraft being weighed as aforesaid the operator of the aircraft shall prepare a weight schedule showing the basic weight of the aircraft, that is, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule; and showing the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight.
(3) Subject to the provisions of regulation 57, the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this regulation.
17. Access and inspection for airworthiness purposes
The Director may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part and any person authorised to do so in writing by the Director may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of, an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.
PART V
Aircraft Crew and Licensing (regs 18-24)
18. Composition of crew of aircraft
(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.
(2) An aircraft registered in Botswana shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under these Regulations or, if no certificate of airworthiness is required under these Regulations to be in force, the certificate of airworthiness, if any, last in force under these Regulations, in respect of that aircraft.
(3) Unless the Director otherwise prescribes, a flying machine registered in Botswana and flying for the purpose of public transport, having a maximum total weight authorised of 5 700 kg or more, shall carry not less than two pilots as members of the flight crew thereof.
(4) An aircraft registered in Botswana engaged on a flight for the purpose of public transport shall carry—
(a) a flight navigator as a member of the flight crew; or
(b) navigational equipment approved by the Director and used in accordance with any conditions subject to which that approval may have been given,
if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in the Eighth Schedule. The flight navigator carried in compliance with this regulation shall be carried in addition to any person who is carried in accordance with this regulation to perform other duties.
(5) An aircraft registered in Botswana which is required by the provisions of regulation 14 to be equipped with radio communication apparatus shall carry a flight radio operator as a member of the flight crew, who, if he is required to operate radiotelegraph apparatus, shall be carried in addition to any other person who is carried in accordance with this regulation to perform other duties.
(6) If it appears to him to be expedient to do so in the interests of safety, the Director may direct any particular operator that the aircraft operated by him or any such aircraft shall not fly in such circumstances as the Director may specify unless the aircraft carry in addition to the flight crew required to be carried therein by the foregoing provisions of this regulation such additional persons as members of the flight crew as he may specify in the direction.
(7) When an aircraft registered in Botswana carries 20 or more passengers on a flight for the purpose of public transport, the crew of the aircraft shall include cabin attendants carried for the purposes of performing in the interest of the safety of passengers duties to be assigned by the operator or the person in command of the aircraft, but who shall not act as members of the flight crew.
(8) The Director may give a direction to the operator of any aircraft registered in Botswana requiring him to include among the crew thereof whenever the aircraft is flying for the purpose of public transport at least one cabin attendant, notwithstanding that the aircraft may be carrying fewer than 20 passengers.
(9) In the case of an aircraft with a total seating capacity of not more than 200, the number of cabin attendants carried on such flight as is mentioned in subregulation (7) shall be not less than one cabin attendant for every 50, or fraction of 50, passengers carried.
(10) In the case of an aircraft with a total seating capacity of more than 200, the number of cabin attendants carried on such a flight as aforesaid shall be not less than half the number of main exits in the aircraft, and, in addition, when more than 200 passengers are carried, one cabin attendant for every 25, or fraction of 25, of such passengers:
Provided that, if the number of cabin attendants, calculated in accordance with this subregulation, exceeds the number of main exits in the aircraft, it shall be sufficient compliance with this regulation if the number of cabin attendants carried is equal to the number of main exits in the aircraft.
(11) For the purposes of this subregulation a "main exit" means an exit in the side of the aircraft at floor level intended for the disembarkation of passengers whether normally or in an emergency.
19. Members of flight crew-requirement of licences
(1) Subject to the provisions of this regulation, a person shall not act as a member of the flight crew of an aircraft registered in Botswana unless he is the holder of an appropriate licence granted or rendered valid under these Regulations:
Provided that a person may within Botswana without being the holder of such a licence—
(a) act as a flight radiotelephony operator if—
(i) he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in Botswana to perform duties as a member of the flight crew of an aircraft;
(ii) he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any enactment;
(iii) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft;
(iv) messages are transmitted only on a frequency exceeding 60 MHz assigned by the Director for use on flights on which a flight radiotelephony operator acts in one of the capacities specified in subparagraph (i) of this proviso;
(v) the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency;
(vi) the operator of the transmitter requires the use only of external switches; and
(vii) the stability of the frequency radiated is maintained automatically by the transmitter;
(b) subject to the provisions of regulation 20(16) and (17), act as pilot in command of an aircraft for the grant or renewal of a pilot's licence or the inclusion or variation of any rating in a pilot's licence if—
(i) he is at least 17 years of age;
(ii) he is the holder of a valid medical certificate to the effect that he is fit to so act by a person approved by the Director;
(iii) he complies with any conditions subject to which that medical certificate was issued;
(iv) no other person is carried in the aircraft;
(v) the aircraft is not flying for the purpose of public transport or aerial work; and
(vi) he so acts in accordance with instructions given by a person holding a pilot's licence granted under these Regulations, being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft being flown.
(2) Subject to the provisions of this regulation, a person shall not act as a member of the flight crew required by or under these Regulations to be carried in an aircraft registered in a country other than Botswana unless—
(a) in the case of an aircraft flying for the purpose of public transport or aerial work, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered; or
(b) in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under these Regulations, and the Director does not in the particular case give a direction to the contrary.
(3) For the purposes of this regulation, a licence granted under the law of a contracting State purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Director in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under these Regulations but shall not entitle the holder to act as a member of the flight crew of any aircraft flying for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew on any flight.
(4) Notwithstanding the provisions of subregulation (1), a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in Botswana for the purpose of undergoing training or tests for the grant or renewal of a pilot's licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the following conditions are complied with—
(a) no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with these Regulations, a person authorised by the Director to witness the aforesaid training or tests or to conduct the aforesaid tests, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained or tested as a member of the flight crew of an aircraft; and
(b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence holds a pilot's, a navigator's or a flight engineer's licence granted under regulation 20 and the purpose of the training or test is to enable him to qualify under these Regulations for the grant of a pilot's licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence.
(5) Notwithstanding the provisions of subregulation (1), a person may act as a member of the flight crew (otherwise than as a pilot) of an aircraft registered in Botswana for the purposes of undergoing training or tests for the grant or renewal of a flight navigator's, or a flight engineer's licence, or for the inclusion, renewal or extension of a rating thereon, without being the holder of an appropriate licence if he acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.
(6) An appropriate licence for the purposes of this regulation means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.
(7) Nothing in this regulation shall require an appropriate licence to be held by a person by reason of his acting as a member of the flight crew of a glider unless—
(a) he acts as a flight radio operator; or
(b) the glider is flying for the purposes of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying in a glider owned and operated by a flying club of which both the person giving and the person receiving instruction are members.
(8) Notwithstanding anything in this regulation—
(a) the holder of a licence granted or rendered valid under these Regulations, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in Botswana in or over the territory of a contracting State, except in accordance with permission granted by the competent authorities of that State;
(b) the holder of a licence granted or rendered valid under the law of a contracting State, being a licence endorsed as aforesaid, shall not act as a member of the flight crew of any aircraft in or over Botswana except in accordance with permission granted by the Director, whether or not the licence is or is deemed to be rendered valid under these Regulations.
20. Grant, renewal and effect of flight crew licences
(1) The Director may grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of the Ninth Schedule authorising the holder to act as a member of the flight crew of an aircraft registered in Botswana upon his being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Director may require of him.
(2) A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence in Part A of the said Schedule.
(3) A licence granted under this regulation shall not be valid unless it bears thereon the ordinary signature of the holder in ink.
(4) A licence shall, subject to the provisions of regulation 58, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the said Schedule, and may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit person and qualified as aforesaid.
(5) The Director may include in a licence a rating, subject to such conditions as he thinks fit, of any of the classes specified in Part B of the said Schedule, upon his being satisfied that the applicant is qualified as aforesaid to act in the capacity to which the rating relates, and such rating shall be deemed to form part of the licence.
(6) Subject to any conditions of the licence and to the provisions of these Regulations, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the said Schedule under the heading "privileges", and a rating of any class shall entitle the holder of the licence in which such rating is included to perform the functions specified in respect of that rating in Part B of the said Schedule.
(7) Subject to the provisions of subregulation (9), the holder of a pilot's licence or a flight engineer's licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the licence bears a valid certificate of test or a valid certificate of experience, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part:
Provided that the holder of a Private Pilot's Licence (Balloons and Airships), a Commercial Pilot's Licence (Balloons) or a Commercial Pilot's Licence (Airships) shall be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight when the licence does not bear such a certificate.
(8) The holder of a flight navigator's licence shall not be entitled to perform functions on a flight to which regulation 18(4) applies unless the licence bears a valid certificate of experience, which certificate shall be appropriate to the functions he is to perform on that flight in accordance with Part C of the said Schedule and shall otherwise comply with that Part.
(9) In the case of a certificate of test or a certificate of experience issued in accordance with Part C of the said Schedule on or after 1st July, 1979, the holder of a Private Pilot's Licence shall not be entitled to exercise the privileges of an aircraft rating contained in the licence on a flight unless the certificate of test or certificate of experience required by subregulation (7) is included in the personal flying log book required to be kept by him under regulation 22.
(10) A person shall not be entitled to perform the functions to which an instrument rating (aeroplanes), a flying instructor's rating, an assistant flying instructor's rating or an instrument meteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificate of test which certificate shall be appropriate to the functions to which the rating relates in accordance with Part C of the said Schedule and shall otherwise comply with that Part.
(11) A person who, on the last occasion when he took a test for the purposes of subregulations (7) to (9) or (10), failed that test shall not be entitled to fly in the capacity for which that test would have qualified him had he passed it.
(12) The holder of a licence, other than a flight radiotelephony operator's licence, granted under this regulation, shall not be entitled to perform any of the functions to which his licence relates unless it includes a valid medical certificate.
(13) Every applicant for or holder of such a licence shall upon such occasions as the Director may require submit himself to medical examination by a person approved by the Director either generally or in a particular case who shall make a report to the Director in such form as the Director may require.
(14) Where the medical examination referred to in subregulation (13) has been conducted in Botswana, the Director or any person approved by him as competent to do so may, on the basis thereof, issue a medical certificate subject to such conditions as he thinks fit to the effect that he has assessed the holder of the licence as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to subregulations (16) and (17), be valid for such period as is therein specified and shall be deemed to form part of the licence.
(15) Where the medical examination is conducted outside Botswana the person conducting the examination shall, in addition to making a report to the Director, issue a certificate certifying, if such is, in his opinion, the case, that the holder of the licence is fit to perform the functions to which the licence relates and the said certificate may be deemed by the Director to be a medical certificate for the purposes of this regulation, and if so shall be valid for such period as may be specified therein in writing by the person conducting the examination.
(16) A person shall not be entitled to act as a member of the flight crew of an aircraft registered in Botswana if he knows or has reason to believe that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.
(17) Every holder of a medical certificate issued under regulation 19 or this regulation who—
(a) suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew;
(b) suffers any illness involving incapacity to undertake those functions throughout a period of 20 days or more; or
(c) in the case of a woman, has reason to believe that she is pregnant,
shall inform the Director in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 20 days has elapsed in the case of illness. The medical certificate shall be deemed to be suspended upon the occurrence of such injury or pregnancy or the elapse of such period of illness, and such suspension shall cease in the case of injury or illness upon the holder being medically examined under arrangements made by the Director and pronounced fit to resume his functions as a member of the flight crew or upon the Director exempting, subject to such conditions as he thinks fit, the holder from the requirement of a medical examination, and, in the case of pregnancy, upon the holder being medically examined under arrangements made by the Director after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.
(18) Nothing in these Regulations shall prohibit the holder of a pilot's licence from acting as pilot of an aircraft not exceeding 5700 kg maximum total weight authorised when, with the permission of the Director, he is testing any person for the purposes of subregulation (1), (2), (3), (4), (5), (7), (8), (9) or (10), notwithstanding that the type of aircraft in which the test is conducted is not specified in the aircraft rating included in his licence or that the licence or personal flying log book, as the case may be, does not include a valid certificate of test or a valid certificate of experience in respect of the type of aircraft.
(19) Where any provision of Part C of the said Schedule or Part B of the Eleventh Schedule permits a test to be conducted in a flight simulator approved by the Director, that approval may be granted subject to such conditions as the Director thinks fit.
(20) The Director may prescribe a shorter maximum period of validity for any class of licence mentioned in Part A of the Ninth Schedule than the maximum period specified in such Schedule and may prescribe a maximum period where none is specified.
The Director may issue a certificate of validation rendering valid for the purposes of these Regulations any licence granted to a member of the flight crew of aircraft under the law of any country other than Botswana; a certificate of validation may be issued subject to such conditions and for such periods as the Director thinks fit.
Every member of the flight crew of an aircraft registered in Botswana and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under these Regulations shall keep a personal flying log book in which the following particulars shall be recorded—
(a) the name and address of the holder of the log book;
(b) particulars of the holder's licence, if any, to act as a member of the flight crew of an aircraft;
(c) the name and address of his employer, if any;
(d) particulars of all flights made as a member of the flight crew of an aircraft, including—
(i) the date, duration and places of arrival and departure of each flight;
(ii) the type and registration marks of the aircraft;
(iii) the capacity in which the holder acted in-flight;
(iv) particulars of any special conditions under which the flight was conducted, including night flying and instrument flying; and
(v) particulars of any test or examination undertaken whilst in-flight; and
(e) particulars of any test or examination undertaken whilst in a flight simulator, including—
(i) the date of the test or examination;
(ii) the type of simulator;
(iii) the capacity in which the holder acted; and
(iv) the nature of the test or examination.
(1) A person shall not give any instruction in flying to any person flying or about to fly a flying machine for the purpose of becoming qualified for—
(a) the grant of a pilot's licence;
(b) the inclusion in a pilot's licence of an aircraft rating entitling the holder of the licence to act as pilot of—
(i) a multi-engined aircraft; or
(ii) an aircraft of any class appearing in column 4 of the Table in Part A of the First Schedule,
if the person under instruction has not been previously entitled under these Regulations to act as pilot of multi-engined aircraft, or of an aircraft of that class, as the case may be; or
(c) the inclusion or variation of any rating, other than an aircraft rating, in a pilot's licence,
unless—
(i) the person giving the instruction holds a licence, granted or rendered valid under these Regulations, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which instruction is to be given;
(ii) such licence includes a flying instructor's rating or an assistant flying instructor's rating entitling the holder, in accordance with the privileges specified in the Ninth Schedule in respect of that rating, to give the instruction; and
(iii) if consideration is given for the instruction, such licence entitles the holder to act as pilot in command of an aircraft flying for the purpose of public transport:
Provided that subparagraph (iii) shall not apply if the aircraft is owned or is operated under arrangements entered into by a flying club of which both the person giving and the person receiving the instruction are members.
(2) For the purposes of this regulation consideration shall be deemed to be given for instruction if any reward is given or promised by any person to any other person in consideration of the flight being made or of the instruction being given or if the instruction is given by a person employed for reward primarily for the purpose of giving such instruction.
A person under the age of 17 years shall not act as pilot in command of a glider.
PART VI
Operation of Aircraft (regs 25-49)
(1) This regulation shall apply to public transport aircraft registered in Botswana except aircraft used for the time being solely for flights not intended to exceed 60 minutes in duration, which are either—
(a) flights solely for training persons to perform duties in an aircraft; or
(b) flights intended to begin and end at the same aerodrome.
(2) The operator of every aircraft to which this regulation applies shall—
(a) make available to each member of his operating staff an operations manual;
(b) ensure that each copy of the operations manual is kept up-to-date; and
(c) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight.
(3) Each operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties as such including in particular information and instructions relating to the matters specified in Part A of the Eleventh Schedule:
Provided that the operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.
(4) An aircraft to which this regulation applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished the Director with a copy of the whole of the operations manual for the time being in effect in respect of the aircraft.
(5) Any amendments or additions to the operations manual shall be furnished to the Director by the operator before or immediately after they come into effect:
Provided that, where an amendment or addition relates to the operation of an aircraft to which the operations manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Director.
(6) Without prejudice to the generality of subregulations (4) and (5), the operator shall make such amendments or additions to the operations manual as the Director may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.
(7) For the purposes of this regulation and the Eleventh Schedule "operating staff" means the servants and agents employed by the operator, whether or not as members of the crew of the aircraft, to ensure that the flights of the aircraft are conducted in a safe manner, and includes an operator who himself performs those functions.
(8) If in the course of a flight on which the equipment specified in Scale O in paragraph 4 of the Fifth Schedule is required to be provided the said equipment becomes unserviceable, the aircraft shall be operated on the remainder of that flight in accordance with any relevant instructions in the operations manual.
(1) The operator of every aircraft registered in Botswana and flying for the purpose of public transport shall—
(a) make a training manual available to every person appointed by the operator to give or to supervise the training, experience, practice or periodical tests required under regulation 27(2); and
(b) ensure that each copy of that training manual is kept up-to-date.
(2) Each training manual shall contain all such information and instructions as may be necessary to enable a person appointed by the operator to give or to supervise the training, experience, practice and periodical tests required under regulation 27(2) to perform his duties as such including in particular information and instructions relating to the matters specified in Part C of the Eleventh Schedule.
(3) An aircraft to which this regulation applies shall not fly unless, not less than 30 days prior to such flight, the operator of the aircraft has furnished to the Director a copy of the whole of his training manual relating to the crew of that aircraft.
(4) Any amendments or additions to the training manual shall be furnished to the Director by the operator before or immediately after they come into effect:
Provided that where an amendment or addition relates to training, experience, practice or periodical tests on an aircraft to which the training manual did not previously relate, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Director.
(5) Without prejudice to the generality of subregulations (3) and (4), the operator shall make such amendments or additions to the training manual as the Director may require for the purpose of ensuring the safety of the aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation.
27. Public transport-operator's responsibilities
(1) The operator of an aircraft registered in Botswana shall not permit the aircraft to fly for the purpose of public transport without first—
(a) designating from among the flight crew a pilot to be the commander of the aircraft for the flight;
(b) satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and
(c) satisfying himself by every reasonable means that the aerodromes at which it is intended to take-off or land and any alternate aerodrome at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped (including such manning and equipment as are specified in paragraph 10 of the Fifteenth Schedule) to ensure the safety of the aircraft and its passengers:
Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of an accident.
(2) The operator of an aircraft registered in Botswana shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless such person has had the training, experience, practice and periodical tests specified in Part B of the Eleventh Schedule in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties and, in particular, to use the equipment provided in the aircraft for that purpose. The operator shall maintain, preserve, produce and furnish information respecting records relating to the foregoing matters in accordance with Part B of the said Schedule.
(3) The operator of an aircraft registered in Botswana shall not permit any member of the flight crew thereof, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.
28. Loading-public transport aircraft and suspended loads
(1) The operator of an aircraft registered in Botswana shall not cause or permit it to be loaded for a flight for the purpose of public transport, or any load to be suspended therefrom, except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that—
(a) the load may safely be carried on the flight; and
(b) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft, are complied with.
(2) The instructions shall indicate the weight of the aircraft prepared for service, that is, the aggregate of the basic weight (shown in the weight schedule referred to in regulation 16) and the weight of such additional items in or on the aircraft as the operator thinks fit to include; and the instructions shall indicate the additional items included in the weight of the aircraft prepared for service, and shall show the position of the centre of gravity of the aircraft at that weight:
Provided that this subregulation shall not apply in relation to a flight if—
(i) the aircraft's maximum total weight authorised does not exceed 1 150 kg; or
(ii) the aircraft's maximum total weight authorised does not exceed 2 730 kg and the flight is intended not to exceed 60 minutes in duration and is either—
(a) a flight solely for training persons to perform duties in an aircraft; or
(b) a flight intended to begin and end at the same aerodrome.
(3) The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in subregulation (1).
(4) The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified in paragraph 1 of the Fifteenth Schedule, and shall (unless he is himself the commander of the aircraft) submit the load sheet for examination by the commander of the aircraft who shall sign his name thereon:
Provided that the foregoing requirements of this subregulation shall not apply if—
(i) the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or
(ii) subregulation (2) does not apply in relation to the flight.
(5) One copy of the load sheet shall be carried in the aircraft when regulation 54 so requires until the flights to which it relates have been completed and one copy of that load sheet and of the instructions referred to in this regulation shall be preserved by the operator until the expiration of a period of six months thereafter and shall not be carried in the aircraft.
29. Public transport-operating conditions
(1) An aircraft registered in Botswana shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the requirements specified in paragraph 4 of the Fifteenth Schedule in respect of its weight and related performance are complied with.
(2) The assessment of the ability of an aircraft to comply with subregulation (1) shall be based on the information as to its performance contained in the certificate of airworthiness relating to the aircraft. In the event of the information given therein being insufficient for that purpose, such assessment shall be based on the best information available to the commander of the aircraft.
(3) A flying machine registered in Botswana when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing, at such an altitude as would enable the aircraft—
(a) if it has one engine only, in the event of the failure of that engine; or
(b) if it has more than one engine, in the event of the failure of one of those engines and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness relating to the aircraft,
to reach a place at which it can safely land at a height sufficient to enable it to do so.
(4) Without prejudice to the provisions of subregulation (3), an aeroplane in respect of which there is in force under these Regulations a certificate of airworthiness designating the aeroplane as being of performance Group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore, unless the aeroplane has more than two power units. For the purposes of this subregulation, flying time shall be calculated at normal cruising speed with one power unit inoperative.
30. Aircraft registered in Botswana-aerodrome operating minima
(1) The operator of every aircraft to which regulation 25 applies shall establish and include in the operations manual relating to the aircraft particulars of aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome:
Provided that in relation to any flight wherein it is not practicable to include such information in the operations manual the operator of the said aircraft shall, prior to the commencement of the flight, cause to be furnished, in writing, to the commander of the aircraft particulars of the aerodrome operating minima appropriate to every aerodrome of intended departure or landing and every alternate aerodrome and calculated in accordance with the specified method; and the operator shall cause a copy of the said particulars to be retained outside the aircraft for a minimum period of three months.
(2) The operator of every aircraft shall include in the operations manual relating to that aircraft such data and instructions as will enable the commander of the aircraft to calculate aerodrome operating minima appropriate to aerodromes the use of which could not reasonably have been foreseen by the operator prior to the commencement of the flight.
(3) The aerodrome operating minima specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing.
(4) In establishing aerodrome operating minima for the purposes of this regulation the operator of the aircraft shall take into account the following matters—
(a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness;
(b) the composition of its crew;
(c) the physical characteristics of the relevant aerodrome and its surroundings;
(d) the dimensions of the runways which may be selected for use; and
(e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equipped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids,
and shall establish in relation to each runway which may be selected for use aerodrome operating minima appropriate to each set of circumstances which can reasonably be expected.
(5) An aircraft to which regulation 25 applies shall not commence a flight at a time when—
(a) the cloud ceiling or the runway visual range at the aerodrome of departure is less than the relevant minimum specified for take-off; or
(b) according to the information available to the commander of the aircraft it would not be able, without contravening subregulation (6), to commence or continue an approach to landing at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.
(6) An aircraft to which regulation 25 applies shall not—
(a) commence or continue an approach to landing at any aerodrome if the runway visual range at that aerodrome is at the time less than the specified minimum for landing; except that an approach to landing may be continued if, when the commander of the aircraft receives information that the runway visual range is less than the specified minimum for landing—
(i) the aircraft is below the specified decision height;
(ii) the specified visual reference has been established at the decision height and is maintained; and
(iii) the approach to landing has, at least until the specified visual reference has been established, been made by use of an instrument landing system notified for the purposes of these Regulations; or
(b) continue an approach to landing at any aerodrome by flying below the specified decision height unless from that height the specified visual reference for landing is established and is maintained.
(7) If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air and Air Traffic Control to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
(8) In this regulation "specified", in relation to an aircraft, means specified by the operator in, or ascertainable by reference to, the operations manual relating to that aircraft.
31. Aircraft not registered in Botswana-aerodrome operating minima
(1) A public transport aircraft registered in a country other than Botswana shall not fly in or over Botswana unless the operator thereof has furnished the Director with such particulars as he may from time to time have required relating to the aerodrome operating minima specified by the operator in relation to aerodromes in Botswana for the purpose of limiting their use by the aircraft for take-off or landing, including any instructions given by the operator in relation to such aerodrome operating minima. The aircraft shall not fly in or over Botswana unless the operator has made such amendments or additions to the aerodrome operating minima so specified and any instructions so given as the Director may require for the purpose of ensuring the safety of the aircraft or the safety, efficiency or regularity of air navigation.
(2) The aircraft shall not begin or end a flight at an aerodrome in Botswana in contravention of the aerodrome operating minima so specified in relation to that aerodrome or of the instructions referred to in subregulation (1).
(3) Without prejudice to the provisions of subregulation (2), a public transport aircraft registered in a country other than Botswana shall not—
(a) commence or continue an approach to landing at any aerodrome in Botswana if the runway visual range at that aerodrome is at the time less than the specified minimum for landing; except that an approach to landing may be continued if, when the commander of the aircraft receives information that the runway visual range is less than the specified minimum for landing—
(i) the aircraft is below the specified decision height;
(ii) the specified visual reference has been established at the decision height and is maintained; and
(iii) the approach to landing has, at least until the specified visual reference has been established, been made by use of an instrument landing system notified for the purposes of these Regulations; or
(b) continue an approach to landing at any aerodrome in Botswana by flying below the specified decision height unless from that height the specified visual reference is established and is maintained.
(4) In this regulation "specified", in relation to an aircraft, means specified by the operator in, or ascertainable by reference to, the operations manual relating to that aircraft.
32. Pre-flight action by commander of aircraft
The commander of an aircraft registered in Botswana shall satisfy himself before the aircraft takes off—
(a) that the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;
(b) that the equipment (including radio apparatus) required by or under these Regulations to be carried in the circumstances of the intended flight is carried and is in a fit condition for use;
(c) that the aircraft is in every way fit for the intended flight, and that where a certificate of maintenance is required by regulation 9(1) to be in force it is in force and will not cease to be in force during the intended flight;
(d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight;
(e) in the case of a flying machine or airship, that sufficient fuel, oil and engine coolant (if required) are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, in the case of a flight for the purpose of public transport, that instructions in the operations manual relating to fuel, oil and engine coolant have been complied with;
(f) in the case of an airship or balloon, that sufficient ballast is carried for the intended flight;
(g) in the case of a flying machine, that, having regard to the performance of the flying machine in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; and
(h) that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.
33. Pilots to remain at controls
The commander of an aircraft registered in Botswana, being a flying machine or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight. If the aircraft is required by or under these Regulations to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing. If the aircraft carries two or more pilots (whether or not it is required to do so) and is engaged on a flight for the purpose of the public transport of passengers the commander shall remain at the controls during take-off and landing. Each pilot at the controls shall be secured in his seat by either a safety belt or a safety harness except that during take-off and landing a safety harness shall be used if it is required by regulation 13 to be provided.
34. Public transport of passengers-duties of commander
(1) This regulation shall apply to flights for the purpose of the public transport of passengers by aircraft registered in Botswana.
(2) In relation to every flight to which this regulation applies the commander of the aircraft shall—
(a) before the aircraft takes off, take all reasonable steps to ensure that all passengers are made familiar with the position and method of use of emergency exits, safety belts, safety harnesses, oxygen equipment and lifejackets, and all other devices required by or under these Regulations and intended for use by passengers individually in case of an emergency occurring to the aircraft:
Provided that in relation to lifejackets this requirement may, except in the case of a seaplane, be complied with at any time before the aircraft reaches a point beyond gliding distance from land;
(b) if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than 30 minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water) from the nearest land, take all reasonable steps to ensure that before that point is reached all passengers are given a practical demonstration of the method of use of the lifejackets required by or under these Regulations for the use of passengers;
(c) if the aircraft is a seaplane, take all reasonable steps to ensure that before the aircraft takes off all passengers are given a practical demonstration of the method of use of the equipment referred to in the preceding paragraph;
(d) before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and that any persons carried in compliance with regulation 18(7) to (11) are properly secured in seats which shall be in a passenger compartment and which shall be so situated that those persons can readily assist passengers;
(e) before the aircraft takes off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during flight he considers the precaution necessary, take all reasonable steps to ensure that all passengers are properly secured in their seats by safety belts or safety harnesses;
(f) in an emergency, take all reasonable steps to ensure that all passengers are instructed in the emergency action which they should take;
(g) except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that—
(i) before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of regulation 13 is demonstrated to all passengers;
(ii) on reaching such altitude all passengers are recommended to use oxygen; and
(iii) during any continuous period exceeding 30 minutes when the aircraft is flying above flight level 100 but not above flight level 130, and whenever the aircraft is flying above flight level 130, oxygen is used by all the crew of the aircraft.
35. Operation of radio in aircraft
(1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law.
(2) Whenever an aircraft is in flight in such circumstances that it is required by or under these Regulations to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of the flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft:
Provided that—
(i) the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and
(ii) the watch may be kept by a device installed in the aircraft if—
(a) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and
(b) that station is notified, or, in the case of a station situated in a country other than Botswana, otherwise designated as transmitting a signal suitable for that purpose.
(3) The radio station in an aircraft shall not be operated so as to cause interference which impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows—
(a) emissions of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying;
(b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice;
(c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and
(d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in subregulation (1).
(4) In every aircraft registered in Botswana which is equipped with radio communication apparatus, a telecommunication log book shall be kept in which the following entries shall be made—
(a) the identification of the aircraft radio station;
(b) the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained;
(c) the date and time, and particulars of all messages and signals sent or received, including in particular details of any distress signals or distress messages sent or received;
(d) particulars of any action taken upon the receipt of a distress signal or distress message; and
(e) particulars of any failure or interruption of radio communications and the cause thereof:
Provided that a telecommunication log book shall not be required to be kept in respect of communication by radiotelephony with a radio station on land or on a ship which provides a radio service for aircraft.
(5) The flight radio operator maintaining radio watch shall sign the entries in the telecommunication log book indicating the times at which he began and ended the maintenance of such watch.
(6) The telecommunication log book shall be preserved by the operator of the aircraft until a date six months after the date of the last entry therein.
(7) The Director may require that, in any flying machine registered in Botswana which is engaged on a flight for the purpose of public transport, the pilot and the flight engineer (if any) shall not make use of a hand-held microphone (whether for the purpose of radio communication or of inter-communication within the aircraft) whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing.
36. Use of flight data recorders and preservation of records
(1) On any flight on which a flight data recorder is required by paragraph 3(5) of the Fifth Schedule to be carried in an aeroplane, it shall always be in use from the beginning of the take-off run to the end of the landing run.
(2) The operator of the aeroplane shall at all times, subject to the provisions of regulation 57, preserve—
(a) the last 25 hours of recording made by any flight data recorder required by or under these Regulations to be carried in an aeroplane; and
(b) a record of not less than one representative flight, that is, a recording of a flight made within the last 12 months which includes a take-off climb, cruise, descent, approach to landing and landing, together with a means of identifying the record with the flight to which it relates,
and shall preserve such records for such period as the Director may in a particular case direct.
(1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose.
(2) The length of the combination of towing aircraft, tow rope and glider in flight shall not exceed 150 m.
(3) The commander of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off—
(a) that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider is capable of flying in the manner referred to in regulation 32(g);
(b) that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; and
(c) that emergency signals have been agreed between the commander of the towing aircraft and the commander of the glider, to be used respectively by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider and by the commander of the glider to indicate that the tow cannot be released.
(4) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.
38. Towing, picking up and raising of persons and articles
(1) Subject to the provisions of this regulation, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose.
(2) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one nautical mile.
(3) The length of the combination of towing aircraft, tow rope, and article in tow, shall not exceed 150 m.
(4) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when any person, animal or article is suspended from the helicopter.
(5) Nothing in this regulation shall—
(a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, any instrument which is being used for experimental purposes, or any signal, apparatus or article required or permitted by or under these Regulations to be towed or displayed by an aircraft in flight;
(b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;
(c) apply to any aircraft while it is flying in accordance with the "B Conditions" set forth in the Second Schedule; and
(d) be taken to permit the towing or picking up of a glider otherwise than in accordance with regulation 37.
39. Dropping of persons, animals, and articles
(1) Persons, animals and articles (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.
(2) Persons, animals and articles (whether or not attached to a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flying over Botswana:
Provided that this subregulation shall not apply to the descent of persons by parachute from an aircraft in an emergency, or to the dropping of articles by, or with the authority of, the commander of the aircraft in any of the following circumstances—
(i) the dropping of articles for the purpose of saving life;
(ii) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;
(iii) the dropping of ballast in the form of fine sand or water;
(iv) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of these Regulations;
(v) the dropping at an aerodrome in accordance with prescribed regulations of ropes, banners, or similar articles towed by aircraft;
(vi) the dropping of articles for the purposes of agriculture, horticulture, forestry or public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Director and in accordance with any conditions subject to which that permission may have been given.
(3) For the purposes of this regulation "dropping" includes projecting and lowering.
(4) Nothing in this regulation shall prohibit the lowering of any person, animal or article from a helicopter to the surface if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered includes an express provision that it may be used for that purpose.
40. Carriage of weapons and of munitions of war
(1) An aircraft shall not carry any munitions of war.
(2) It shall be unlawful for any person to take or cause to be taken on board an aircraft, or to deliver or cause to be delivered for carriage thereon, any goods which he knows or has reason to believe or suspect to be munitions of war.
(3) For the purposes of this regulation "munitions of war" means such weapons and ammunition as are designed for use in warfare including parts for such weapons and ammunition.
(4) Without prejudice to subregulations (1) and (2) it shall be unlawful for a person to carry or have in his charge any weapon on board an aircraft registered in Botswana:
Provided that a weapon, not being munitions of war, may be carried as passenger's baggage if it is stowed in a part of the aircraft inaccessible to passengers and if, in the case of a firearm, it is not loaded.
(5) Nothing in this regulation shall apply to weapons or ammunition taken or carried on board an aircraft registered in a country other than Botswana if the weapons or ammunition, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board.
41. Carriage of dangerous goods
(1) Dangerous goods shall not be carried in an aircraft except—
(a) goods carried in accordance with any regulations which the Director may make to permit dangerous goods to be carried either in aircraft generally or in aircraft of any class specified in the regulations;
(b) goods carried with the written permission of the Director and in accordance with any conditions to which such permission may be subject;
(c) goods carried in aircraft with the consent of the operator thereof for the purpose of ensuring the proper navigation or safety of the aircraft or the well-being of any person on board;
(d) goods permitted to be carried under the laws of the country in which the aircraft is registered, if there is in force in relation to such country an agreement between the Government of Botswana and the Government of that country permitting the carriage of dangerous goods within Botswana in aircraft registered in that country.
(2) Dangerous goods permitted by or under these Regulations to be carried in an aircraft shall not be loaded as cargo therein unless—
(a) the consignor of the goods has furnished the operator of the aircraft particulars in writing of the nature of the goods and the danger to which they give rise; and
(b) the goods or any container in which they are packed are clearly marked so as to indicate that danger to the person loading the goods in the aircraft.
(3) The operator of the aircraft shall, before the flight begins, inform the commander of the aircraft of the identity of the goods, the danger to which they give rise and the weight or quantity of the goods.
(4) It shall be unlawful for any person to take or cause to be taken on board an aircraft, or to deliver or cause to be delivered for loading thereon, any goods which he knows or has reason to believe or suspect to be dangerous goods the carriage of which is prohibited by this regulation.
(5) The provisions of this regulation shall be additional to and not in derogation from the provisions of regulation 40.
42. Method of carriage of persons
No person shall be in or on any part of an aircraft in flight which is not a part designated for the accommodation of persons and in particular a person shall not be on the wings or undercarriage of an aircraft. No person shall be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight:
Provided that a person may have temporary access to—
(i) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein;
(ii) any part of an aircraft in which cargo or stores are carried, being a part which is designed to enable a person to have access thereto while the aircraft is in flight.
43. Exits and break-in markings
(1) This regulation shall apply to every public transport aircraft registered in Botswana.
(2) Whenever an aircraft to which this regulation applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall be in working order, and during take-off and landing and during any emergency every such exit and door shall be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers:
Provided that—
(i) an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Director either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers;
(ii) a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines, for the purpose of preventing access by passengers to the flight crew compartment;
(iii) nothing in this subregulation shall apply to any internal door which is so placed that it cannot prevent, hinder or delay the exit of passengers from the aircraft in an emergency if it is not in working order.
(3) Every exit from the aircraft, being an exit intended to be used by passengers in normal circumstances, shall be marked with the word "Exit" in capital letters and every exit, being an exit intended to be used by passengers in an emergency only, shall be marked with the words "Emergency Exit" in capital letters.
(4) Every exit from the aircraft shall be marked with instructions in English and Setswana and with diagrams to indicate the correct method of opening the exit.
(5) The markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it is openable from the outside of the aircraft, on or near the exterior surface.
(6) Every aircraft to which this regulation applies being an aircraft of which the maximum total weight authorised exceeds 1 500 kg, shall be marked upon the exterior surface of its fuselage with markings to show the areas (in this subregulation and subregulations (7) and (8) referred to as "break-in areas") which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.
(7) The break-in areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 10 cm in length along its outer edge and 2,5 cm in width.
(8) The words "Cut here in Emergency" shall be marked across the centre of each break-in area in capital letters.
(9) The markings required by this regulation shall be—
(a) painted, or affixed by other equally permanent means;
(b) red in colour, and, in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them readily visible;
(c) kept at all times clean and unobscured.
(10) If one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this regulation shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced:
Provided that—
(i) the number of passengers carried and the position of the seats which they occupy is in accordance with arrangements approved by the Director either in relation to the particular aircraft or to a class of aircraft; and
(ii) in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words "Exit" or "Emergency Exit" are covered, and the exit is marked by a red disc at least 23 cm in diameter with a horizontal white bar across it bearing the words "No Exit" in red letters.
44. Imperilling safety of aircraft
No person shall wilfully or negligently act in a manner likely to endanger an aircraft or any person therein.
45. Imperilling safety of any person or property
No person shall wilfully or negligently cause or permit an aircraft to endanger any person or property.
(1) No person shall enter any aircraft when drunk, or be drunk in any aircraft.
(2) No person shall, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.
(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in Botswana so as to be visible from each passenger seat therein.
(2) No person shall smoke in any compartment of an aircraft registered in Botswana at any time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.
48. Authority of commander of aircraft
Every person in an aircraft registered in Botswana shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.
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