CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (AERIAL WORK) REGULATIONS
(section 89)
(23rd March, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
PART II
Certificates
3. Aerial work operator certificate
4. Authorisation for foreign registered aircraft
5. Application for certificate
6. Issuance of certificate
7. Duration and renewal of certificate
8. Amendment of certificate
9. Replacement of certificate
10. Possession of certificate or authorisation
11. Inspection of certificate, etc.
12. Suspension and revocation of certificate
PART III
Agricultural Operations
13. Agricultural operations
14. Private agricultural operations
15. Dispensing of agrochemicals
16. Operations in controlled airspace
17. Operations over congested areas - pilots and aircraft
18. Exemption
19. Agricultural commercial operations register
PART IV
Rotorcraft External Load Operations
20. Rotorcraft external load operations
21. Rotorcraft operations rules
22. Pilot and crew requirements
23. Carriage of persons
24. Structure and design of rotorcraft
25. Markings and placards
PART V
Glider Towing Operations
26. Glider towing operations
27. Glider towing operations rules
28. Glider towing pilot requirements 29 Towing articles, etc.
30. Dropping of articles
31. Dropping of persons
PART VI
Banner Towing Operations
32. Banner towing operations
33. Banner towing pilot requirements
34. Banner towing operations rules
PART VII
Media Operations, etc.
35. Television operations
36. Television operations rules
PART VIII
Sightseeing Flight Operations
37. Sightseeing operations
38. Sightseeing operations rules
PART IX
General Provisions
39. Clearance requirements
40. Emergency operations
41. Safety management system
42. Drug and alcohol testing
43. Change of name
44. Offences and penalties
45. Savings
46. Transitional provisions
SCHEDULES
S.I. 22, 2012,
S.I. 66, 2022.
PART I
Preliminary (regs 1-2)
These Regulations may be cited as the Civil Aviation (Aerial Work) Regulations.
In these Regulations, unless the context otherwise requires—
"acrobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in attitude, abnormal attitude or abnormal variation in speed;
"acrobatic manoeuvre" includes a loop, spin, roll, bunt, stall turn, inverted flying and any other similar manoeuvre;
"aerial work" means an aircraft operation in which an aircraft is used for specialised services such as agriculture, photography, sports, surveying, observation, patrol, advertising, construction, search and rescue, salvage, fire-fighting, wildlife operations and any other related activity;
"agrochemical" means any substance intended for—
(a) the prevention, destruction, repulsion, attraction of any undesirable life forms injurious to plant and animal growth; or
(b) the promotion or inhibition of plant growth;
"authorised officer" means any person authorised by the Authority, in writing either generally or in relation to a particular case;
"certificate" means a certificate for an aerial work operation issued under regulation 6;
"congested area" means an area that is used for residential, industrial, commercial or recreational purposes;
"controlled airspace" means airspace that has been notified as class A, or class C airspace;
"fish spotting" means the location, tracking and the reporting of the location offish and fish schools;
"game spotting" means the location, tracking and the reporting of the location of game;
"glider" means a non power driven heavier than air aircraft deriving its lift in flight from aerodynamic reaction on surfaces which remain fixed under given conditions of flight;
"motor vehicle competition" means competitive vehicle tracking and the reporting of the location of motor vehicles during a competition; and
"night" means the time between half an hour after sunset and half an hour before sunrise, sunset and sunrise being determined at surface level.
PART II
Certificates (regs 3-12)
3. Aerial work operator certificate
A person shall not conduct any aerial work unless he or she is issued an aerial work operator certificate in accordance with these Regulations.
4. Authorisation for foreign registered aircraft
(1) A person operating a foreign registered aircraft shall not conduct any aerial work unless he or she is authorised to do so by the Authority.
(2) A person who wishes to obtain an authorisation to conduct any aerial work under subregulation (1) shall make an application in writing, to the Authority at least one month before the commencement of the operation that it is applied for.
(3) Notwithstanding the provisions of subregulation (2), a person may, in case of emergency and with the consent of the Authority, apply in writing, to the Authority, within a period shorter than one month.
(4) An application under this regulation shall be accompanied by—
(a) a tax clearance certificate;
(b) such fees as may be prescribed under Schedule 2;
(c) certificate of airworthiness;
(d) certificate of registration;
(e) crew licence(s);
(f) authorisation from State of operator to conduct aerial work; and
(g) any other document as may be required by the Authority.
(5) An authorisation issued under subregulation (1) shall be in Form A set out in Schedule 1 and shall be valid for a period prescribed by the Authority at the time of issuance.
5. Application for certificate
(1) A person who wishes to apply for an aerial work operator certificate shall make an application to the Authority in Form B set out in Schedule 1 to these Regulations.
(2) Subject to the provisions of these Regulations, a person who makes an application for an aerial work operator certificate shall—
(a) hold at least a valid private pilot licence or, have available the services of at least one person who holds a valid private pilot licence, commercial pilot licence or an airline transport pilot licence and be rated on the aircraft type of operation that the application relates to;
(b) attach a copy of the aerial work manual containing instructions and information as may be necessary for the safe operation of the aircraft;
(c) attach a copy of a certificate of airworthiness or permit to fly issued by the Authority or a certificate of airworthiness issued in another State; and
(d) where necessary, an authorisation or permit from a competent authority.
(3) An application under subregulation (1) shall be accompanied by a fee specified in Schedule 2 to these Regulations.
(4) A person who makes an application for a certificate shall have available a main operations base acceptable to the Authority.
(1) The Authority may issue an aerial work operator certificate subject to such conditions as may be contained in the certificate where an applicant meets the requirements set out in these Regulations and upon payment of a fee specified in Schedule 2 to these Regulations.
(2) An aerial work operator certificate issued under this regulation shall be in Form C set out in Schedule 1 to these Regulations.
(3) The Authority may refuse to issue an aerial work operator certificate where an application under regulation 5 does not meet the requirements of these Regulations in which case, the Authority shall inform the applicant in writing, of the reasons for such refusal.
7. Duration and renewal of certificate
(1) A certificate issued under these Regulations shall be valid for 12 months from the date of issue and may be subject to renewal at the end of such period.
(2) A holder of aerial work operator certificate who wishes to renew, may within six months before the expiry of the certificate, apply in writing to the Authority for the renewal of that certificate.
(3) The application for renewal under subregulation (2) shall be accompanied by a fee specified in Schedule 2 to these Regulations.
(4) The Authority may, upon receipt of the application for renewal, being satisfied that the applicant qualifies to continue holding the certificate, and upon payment of a fee specified in Schedule 2 to these Regulations, renew the certificate for a further period of 12 months.
(1) An application to amend a certificate shall be made to the Authority in Form B set out in Schedule 1 to these Regulations and shall be accompanied by a fee specified in Schedule 2 to these Regulations and whilst the application is being considered the applicant shall continue operating in accordance with the terms and conditions of the existing certificate.
(2) The Authority may refuse to amend a certificate where the proposed amendment does not meet the requirements of these Regulations, in which case the Authority shall inform the applicant in writing, of the reasons for such refusal.
(3) The applicant may, after receiving the refusal to amend the certificate and having complied with the requirements stipulated by the Authority resubmit the application to amend the certificate.
(1) A person may apply to the Authority for a replacement of a certificate or authorisation issued under these Regulations if the certificate or authorisation is lost or destroyed.
(2) An application under subregulation (1) shall be accompanied by a fee specified in Schedule 2 to these Regulations.
(3) The Authority shall, where it is satisfied that an application meets the requirements under this regulation, replace a certificate.
10. Possession of certificate or authorisation
A person issued with a certificate or authorisation by the Authority under these Regulations shall have the certificate or authorisation in his or her physical possession when conducting aerial work.
11. Inspection of certificate, etc.
(1) A person who holds a certificate or authorisation required under these Regulations shall present it for inspection upon a request by the Authority or any person authorised by the Authority.
(2) The Authority may request the holder of a certificate or authorisation, to produce the certificate or authorisation for examination at such time and place as the authorised officer making the request may specify.
(3) A person who, without reasonable excuse fails to comply with a requirement of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.
12. Suspension and revocation of certificate
(1) The Authority may suspend provisionally, pending further investigation, any certificate or authorisation issued under these Regulations.
(2) The Authority may, on the completion of an investigation, suspend any certificate or authorisation issued under these Regulations for a period specified in the suspension notice.
(3) The Authority may revoke a certificate or authorisation issued under these Regulations where—
(a) on completion of an investigation under subregulation (1) it is satisfied that there is sufficient grounds to warrant that the certificate or authorisation be revoked; or
(b) a holder of a certificate contravenes the provisions of regulation 11(1).
(4) A holder or any person having possession or custody of any certificate or authorisation which has been revoked or suspended under these Regulations shall surrender it to the Authority within two days from the date of revocation or suspension.
PART III
Agricultural Operations (regs 13-19)
(1) Where an application under regulation 5 relates to agricultural operations, the person who makes the application shall prove to the satisfaction of the Authority that he or she possesses—
(a) knowledge of—
(i) the steps to be taken before starting operations, including a survey of the area to be worked on,
(ii) the safe handling, storage and disposal of agrochemicals and the proper disposal of used containers of the agrochemicals,
(iii) the general effects of agrochemicals on plants, animals and persons,
(iv) the primary symptoms of persons poisoned by agrochemicals, the appropriate emergency measures to be taken and the location of the nearest appropriate health facility,
(v) the performance capabilities and operating limitations of the aircraft to be used, and
(vi) safe flight and application procedures; and
(b) skills in the following manoeuvres demonstrated at the aircraft's maximum certified take off mass or the maximum weight established for the special purpose load whichever is greater, during—
(i) approaches to the working area,
(ii) short field and soft field take-offs where the application relates to the use of aeroplanes and gyroplanes,
(iii) flare outs,
(iv) swath runs,
(v) pull-ups and turnarounds, and
(vi) rapid decelerations where the application relates to the use of a helicopter.
(2) A person who makes an application in accordance with subregulation (1) and does not intend to dispense agrochemicals shall not be required to demonstrate knowledge relating to agrochemicals.
14. Private agricultural operations
A person who is issued an aerial work operator certificate for private agricultural operations shall not conduct an agricultural operation—
(a) for compensation or hire;
(b) over a congested area; or
(c) over any property unless the person is the owner or lessee of the property, or has ownership or other property interest in the crop located on that property.
15. Dispensing of agrochemicals
(1) A person shall not dispense, or cause to be dispensed from an aircraft, any agrochemical in a manner that creates a hazard to persons or property on the surface.
(2) A person shall not dispense, or cause to be dispensed from an aircraft any agrochemical—
(a) provided for under the Agrochemicals Act (Cap. 35:09)—
(i) for use other than that for which it is registered for, and
(ii) contrary to any safety instructions or limitations on its label; or
(iii) that is prohibited under any laws of Botswana.
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