CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (APPROVED TRAINING ORGANISATIONS) REGULATIONS
(section 89)
(23rd March, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Application
3. Interpretation
PART II
Certification
4. General
5. Application for an approved training organisation certificate
6. Proof of personnel
7. Issuance of certificate
8. Validity of certificate
9. Amendment of certificate
10. Renewal of certificate
11. Display of certificate
12. Inspection of certificate
13. Certificate holder responsibility
14. Quality system for approved training organisation
15. Safety management system
16. Location of approved training organisation
17. Changes requiring notification of Authority
PART III
Training and Procedures Manual
18. Approval of training programme
19. Personnel
20. Training manual and procedures manual
21. Flight crew training courses
22. Training aircraft
23. Training courses for licences and ratings for aircraft maintenance engineers, etc.
24. Flight simulator training devices
25. Aerodrome and sites
26. Records for flight-crew training courses
27. Graduation certificate
28. Examining authority for flight-crew curriculum
29. Transfer of trainees between training organisations
PART IV
Training Facilities
30. Training facilities
31. Training facilities for air traffic controllers, etc.
32. Training facilities for flight operations officers, etc.
33. Training facilities for aircraft maintenance engineer courses
PART V
General
34. Inspection
35. Possession of certificate
36. Suspension, revocation, etc.
37. Records to be kept
38. Certificates and records
39. Use of psychoactive substances
40. Use of drugs and alcohol
41. Replacement of documents
42. Advertising limitations
42A. Recognition of foreign training organisation
PART VI
Miscellaneous
43. Application for exemption
44. Requirements for exemption
45. Assessment of application by Authority
46. Evaluation of request for exemption
47. Fees
48. Penalties
49. [Repealed.]
50. [Repealed.]
SCHEDULES
S.I. 25, 2012,
S.I. 44, 2013,
S.I. 104, 2021.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Civil Aviation (Approved Training Organisations) Regulations.
These Regulations shall apply—
(a) to all aircrafts registered in Botswana, wherever they may be;
(b) to all aircrafts not registered in Botswana when they are in Botswana,
(c) to citizens of Botswana, in so far as they prohibit, require or regulate the doing of anything to an aircraft registered in Botswana while in Botswana, and
(d) any person in so far as they prohibit, require or regulate the doing of anything to any aircraft registered in Botswana wherever they may be.
In these Regulations, unless the context otherwise requires—
"accountable manager" means a manager who has corporate authority for ensuring that all training commitments can be financed and carried out to the standard required by the Authority and any additional requirements;
"aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
"aircraft" means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface;
"approved training" means training conducted under curricula and supervision approved by the Authority;
"approved training organisation" means an organisation approved by the Authority under these Regulations to perform approved training and operating under the supervision of the Authority;
"flight simulator training device (FSTDs)" means any one of the following types of apparatus in which flight conditions are simulated on the ground—
(a) a flight simulator, which provides an accurate representation of the cockpit of a particular aircraft type to the extent that the mechanical, electrical, electronic, aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated;
(b) a flight procedures trainer, which provides a realistic cockpit environment, which simulates instrument responses, simple control functions of mechanical, electrical, electronic, and other aircraft systems, and the performance and flight characteristics of aircraft of a particular class; or
(c) a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the cockpit environment of an aircraft in flight in instrument flight conditions;
"procedures manual" means a manual containing procedures, instructions and guidance for use by personnel of an approved training organisation in the execution of their duties;
"psychoactive substances" includes alcohol, opioids, canabinoids, hypnotics, cocaine and volatile solvents;
"quality manager" means a manager, who is responsible for the management of the quality system and quality assurance programme;
"quality system" means the documented organisational procedures and policies, the internal audit of those policies and procedures and the management review and recommendation for quality improvement;
"safety manager" means a manager of the approved training organisation accountable to the Authority who is responsible for the development and maintenance of an effective safety management system;
"safety management system" means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;
"satellite approved training organisation" means an approved training organisation at a location other than the primary location of the approved training organisation;
"training manual" means a manual containing the training goals, objective, standards syllabi and curriculum for each phase of an approved training course; and
"training specifications" means a document issued to an approved training organisation certificate holder by the Authority that specifies training program requirements and authorises the conduct of training, checking and testing.
PART II
Certification (regs 4-17)
(1) A person shall not operate a training organisation without an approved training organisation certificate and training specifications issued under these Regulations.
(2) A person shall not conduct training, testing or checking in a Flight Simulator Training Device without, or in violation of, the certificate and training specifications required under these Regulations.
(3) The Authority shall issue to a training organisation that meets the requirements of these Regulations, an approved training organisation certificate and training specifications for providing courses for flight crew licences and ratings and for courses for personnel other than flight crew members, as approved by the Authority.
(3A) Approved training for flight crew and air traffic controllers shall be conducted within an approved training organisation.
(3B) Competency-based approved training for aircraft maintenance personnel shall be conducted within an approved training organisation.
(4) Any person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.
5. Application for an approved training organisation certificate
(1) A person who wishes to apply for an approved training organisation certificate and training specifications, shall apply to the Authority, at least 90 days before the beginning of any proposed training.
(2) The certification process shall follow a five phase approach as follows—
(a) pre-application phase;
(b) formal application phase;
(c) document evaluation phase;
(d) demonstration and inspection phase; and
(e) certification phase.
(3) An application for a training organisation certificate shall be made in Form A set out in the Schedule 1 and shall be accompanied by a non refundable fee as may be determined by the Authority.
(4) An application submitted under subregulation (3) shall contain the following information—
(a) a statement showing that the minimum qualification requirements for each management position are met;
(b) a description of the minimum qualifications and ratings for each instructor;
(c) a statement acknowledging that the applicant shall notify the authority within ten working days of any change made in the assignment of persons in the required management or instructor's positions;
(d) the proposed training specifications requested by the applicant;
(e) a description of the training equipment that the applicant proposes to use, including the aircraft, the Flight Simulator Training Devices and any special equipment used for each phase of training;
(f) a list of the aerodromes or sites at which training flights originate, if applicable, and a description of the applicant's training facilities, equipment and qualifications of personnel to be used;
(g) a training program, including manuals, curricula, outlines, coursework, procedures and documentation to support the requirements in regulations 18, 20 and 21;
(h) a description of a record-keeping system that will identify and document the details of training, qualification, and licensing of students, instructors, and evaluators;
(i) a quality manual or a description of the quality measures proposed;
(j) a method of demonstrating the applicant's qualification and ability to provide training for a licence or rating in a period less than the minimum hours prescribed by the Authority if the applicant proposes to do so;
(k) a safety management system manual or description of the safety management measures proposed in accordance with the Civil Aviation Safety Management Regulations (Cap. 71:01 (Sub. Leg.)); and
(l) a statement of compliance showing how the applicant has met all applicable requirements in these Regulations.
(6) A person applying for an approved training organisation certificate shall ensure that the facilities and equipment described in the application are—
(a) available for inspection and evaluation prior to an approval of the application; and
(b) in place and operational at the location of the approved training organisation prior to the issue of a certificate under these Regulations.
(7) A training organisation located outside Botswana may apply in accordance with this regulation for an approved training organisation certificate.
A person applying for an approved training organisation certificate shall satisfy the Authority that there shall be on its staff—
(a) an accountable manager;
(b) a quality manager;
(c) a safety manager;
(d) a head of training;
(e) a chief flight instructor, as applicable;
(f) a chief ground instructor, as applicable; and
(g) an adequate number of ground and flight instructors relevant to the courses provided.
(1) The Authority shall, after inspection and approval of the application, issue to an applicant who meets the requirements of these Regulations—
(a) an approved training organisation certificate containing—
(i) the name and location of the approved training organisation,
(ii) the date of issue and period of validity of the certificate, and
(iii) the authorised locations of operations; and
(b) training specifications containing—
(i) authorisation for the approved training organisation,
(ii) the type of training authorised, including approved training courses,
(iii) the rating, category, class and type of aircraft,
(iv) for each synthetic flight trainer that may be used for training, testing and checking, the make, model and series of aircraft being simulated, the qualification level and the identification number assigned by the Authority,
(v) any aircraft, or part of the aircraft, approved for training, as appropriate,
(vi) the staff required to perform and meet the requirements of these Regulations, and
(vii) any other items the Authority may require.
(2) The approved training organisation certificate shall be in Form B set out in Schedule 1 and shall be accompanied by a fee as determined by the Authority.
(3) The Authority shall refuse to issue an approved training organisation certificate if it finds that the applicant does not comply with any of the requirements under these Regulations.
(1) An approved training organisation certificate issued or renewed under these Regulations shall be valid for a period of 12 months, from the date of issue or renewal, unless—
(a) a shorter period is specified by the Authority;
(b) the Authority amends, suspends, revokes or otherwise terminates the certificate; or
(c) the approved training organisation surrenders the certificate to the Authority.
(2) Any person who operates a training organisation without a valid licence commits an offence and is liable to a fine not exceeding P5 000 000, or to imprisonment for a term not exceeding 10 years, or to both.
(1) The Authority may amend an approved training organisation certificate or the training specifications—
(a) on the Authority's own initiative; or
(b) upon application by the certificate holder.
(2) Application to amend a certificate under subregulation (1)(b) shall be made to the Authority in writing detailing—
(a) certificate number of the certificate to be amended;
(b) items to be amended;
(c) a duly certified copy of the court order, or other legal document, verifying the change of name, in the case of a change in name;
(d) reasons for the amendment; and
(e) any other information that the Authority may require.
(1) An approved training organisation may apply for renewal of its approved training organisation certificate at least 30 days before the certificate expires.
(2) An application under subregulation (1) shall be made in Form A set out in Schedule 1 and shall be accompanied by a non refundable fee as may be determined by the Authority.
(3) Where an application for renewal is made after a period not exceeding 30 days after the expiry of a certificate, the Authority may renew the certificate subject to payment of a penalty.
(4) A penalty payable under subregulation (3) shall be a sum equal to one quarter of the renewal fee multiplied by the number of days which have elapsed since the date on which the validity of the certificate expired, calculated to the nearest Pula.
(5) An application for the renewal of a certificate that expired 30 days or more prior to the application for renewal shall be treated as an application for a new certificate and the provisions of regulation 4 shall apply.
(6) The Authority shall inspect an approved training organisation that applies for a renewal to ensure that the approved training organisation meets the requirements prescribed in these Regulations.
(1) A holder of an approved training organisation certificate shall, at all times, display the certificate in a conspicuous manner.
(2) Any person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.
(1) A person who holds an approved training organisation certificate required by these Regulations shall immediately present it for inspection when requested by the Authority or any person authorised by the Authority.
(2) Any person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding two years, or to both.
13. Certificate holder responsibility
(1) A holder of an approved training organisation certificate shall—
(a) ensure that the facilities and working environment of the approved training organisation are appropriate for the tasks to be performed;
(b) ensure that it has the necessary technical data, equipment, training devices and material to conduct the courses for which it is approved;
(c) not make a substantial change in the facilities, equipment or material that have been approved for a particular training program, unless prior approval is given by the Authority; and
(d) maintain the records required by these Regulations in facilities adequate for that purpose.
(2) Any person who contravenes a provision of subregulation (1) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
14. Quality system for approved training organisation
(1) A holder of an approved training organisation certificate shall establish a quality system acceptable to the Authority which shall include—
(a) an independent audit procedure to monitor training standards;
(b) the integrity of knowledge examinations and practical assessments; and
(c) compliance with and adequacy of procedures.
(2) The management of the quality system specified in subregulation (1) shall include feedback of the independent audit findings to the approved training organisation's senior management personnel and to the accountable manager to ensure that the necessary corrective action is taken.
(3) The quality system specified in subregulation (1) shall meet the requirements set out in Schedule 2.
An approved training organisation shall establish a safety management system acceptable to the Authority which shall—
(a) identify safety hazards;
(b) ensure the implementation of the remedial action necessary to maintain the agreed safety performance;
(c) provide for continuous monitoring and regular assessment of the safety performance; and
(d) aim at a continuous improvement of the overall performance of the safety management system.
16. Location of approved training organisation
(1) A holder of an approved training organisation certificate shall establish and maintain a principal place of business that is physically located at the address shown on the certificate.
(2) A holder of an approved training organisation certificate may conduct training programs approved by the Authority at a satellite approved training organisation if—
(a) the facilities, equipment, personnel and course content of the satellite approved training organisation meet requirements of an approved training organisation;
(b) the instructors at the satellite approved training organisation are under the direct supervision of management personnel of the principal approved training organisation; and
(c) the approved training organisation certificate holder's training specifications reflect the name and address of the satellite approved training organisation and the approved training courses offered at the satellite approved training organisation.
(3) The Authority shall issue training specifications which prescribe the operations required and authorised at each satellite approved training organisation.
(4) Notwithstanding subregulation (2), an approved training organisaion may sub-contract certain activities to any other organisations, subject to the approval of the Authority.
(5) The ultimate responsibility for the training provided by the satellite approved training organisation shall remain with the approved training organisation.
(6) A holder of an approved training organisation certificate and a satellite approved training organisation shall execute a written agreement defining the safety and quality-related services to be provided and stating that the satellite approved training organisation's safety related activities relevant to the agreement shall be included in the approved training organisation's quality assurance programme.
17. Changes requiring notification of Authority
(1) An approved training organisation shall, within 30 days before a change specified in this subregulation, notify the Authority in writing of a change to—
(a) the name of the organisation;
(b) the location of the organisation;
(c) the accountable manager;
(d) any of the management personnel specified in the training and procedures manual;
(e) the housing, training facilities and equipment, procedures;
(f) the training programs and work scope;
(g) any ratings held by the approved training organisation, whether granted by the Authority or held through an approved training organisation issued by another State;
(h) mailing address;
(i) additional locations of the organisation; and
(j) items in the training and procedures manual, including the syllabus and curricula.
(2) The changes notified under subregulation (1) shall not take effect unless prior written approval is granted by the Authority.
(3) The Authority may prescribe the conditions under which an approved training organisation may operate during the period the changes as specified in subregulation (1) occur unless the Authority determines that the approval shall be suspended.
(4) Any person who contravenes a provision of this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
PART III
Training and Procedures Manual (regs 18-29)
18. Approval of training programme
(1) A holder of an approved training organisation certificate shall apply to the Authority for training program approval.
(2) An applicant under subregulation (1) shall develop a training program for each type of course offered, which shall include—
(a) a breakdown of flying and theoretical knowledge instruction in either a week-by-week or phase presentation;
(b) a list of standard exercises and a curriculum summary in particular, synthetic flight training and theoretical knowledge instruction shall be phased in such a manner as to ensure that students shall be able to apply to flying exercises the knowledge gained on the ground;
(c) minimum aircraft and flight training equipment requirements for each proposed program;
(d) minimum instructor qualifications for each proposed programe; and
(e) a program for initial training and continuing training of each instructor employed to instruct in a proposed program.
(3) The content and sequence of the training program shall be acceptable to the Authority.
(1) An approved training organisation shall submit documentation to the satisfaction of the Authority that the qualified and competent staff are employed as follows—
(a) an accountable manager;
(b) a quality control manager;
(c) a safety manager;
(d) a head of training;
(e) a chief instructor, and
(f) an adequate number of instructors relevant to the courses provided, qualified in accordance with the requirements of the Authority.
(2) An approved training organisation shall ensure that all instructional staff receive initial and continuous training appropriate to their assigned tasks and responsibilities, including training in knowledge and skills related to human performance.
(3) An approved training organisation shall submit credentials to the Authority for all staff specified in this regulation and shall show that they have relevant qualifications and satisfactory experience related to approved training as appropriate in accordance with Schedule 3.
(4) An approved training organisation shall maintain an instructor to student ratio of 1:5.
20. Training manual and procedures manual
(1) A holder of an approved training organisation certificate shall prepare and maintain a training manual and procedures manual containing information and instructions to enable staff to perform their duties and to give guidance to students on how to comply with course requirements, as listed in the training manual and procedures manual set out in Schedule 4.
(2) An approved training organisation may combine the training manual and the procedures manual.
(3) An approved training organisation shall ensure that the training manual and the procedures manual are amended as necessary to keep the information contained therein up to date.
(4) An approved training organisation shall promptly furnish copies of all amendments to the training manual and the procedures manual to the Authority and other personnel and organisations to whom the manual has been issued.
21. Flight crew training courses
The Authority may approve, as provided in the training specifications, the following courses of instruction to an applicant for, or a holder of, an approved training organisation certificate, provided that the applicant meets the requirements of the Authority and these Regulations—
(a) private pilot licence course;
(b) commercial pilot licence course;
(c) instrument rating course;
(d) instrument rating-multi-engine or crew resource management integrated course;
(e) airline transport pilot licence course;
(f) class rating course;
(g) type rating course;
(h) crew resource management course;
(i) flight instructor course;
(j) instructor course for additional type or class ratings; (k) instructor course for synthetic flight training;
(l) refresher courses;
(m) category II and III operations courses;
(n) extended range operations by turbine-engined aeroplanes courses;
(o) human factors courses;
(p) safety management systems courses; and
(q) any other course as may be necessary.
(1) A holder of an approved training organisation certificate shall have access to an adequate fleet of training devices appropriate to the course provided and the aircraft used for training in an approved training organisation shall meet the minimum airworthiness requirements for the type of certification.
(2) The aircraft provided shall be fitted with duplicated primary flight controls for use by the instructor and the student and shall not have swing- over flight controls.
(3) The fleet provided under subregulation (1) shall include—
(a) as appropriate to the course of training, aeroplanes suitable for demonstrating stalling and spin avoidance;
(b) helicopters, as appropriate to the course of training, suitable for auto-rotation demonstration; and
(c) aircraft suitably equipped—
(i) to simulate instrument meteorological conditions, and
(ii) for instrument flight training and testing.
(4) An approved training organisation shall maintain an aircraft to student ratio of 1:5.
23. Training courses for licences and ratings for aircraft maintenance engineers, etc.
(1) The Authority may approve the following courses of instruction to an applicant for, or holder of, an approved training organisation certificate, provided the applicant meets the requirements of the Authority—
(a) aircraft maintenance engineers basic course;
(b) airframe rating, power-plant rating, avionics rating course;
(c) air traffic controller licence course;
(d) course for ratings of air traffic controller licences;
(e) flight operation officer course;
(f) flight radio telephony operator course;
(g) cabin crew member course; and
(h) soft skills courses—
(i) Human Factors,
(ii) Crew Resource Management,
(iii) Dangerous Goods,
(iv) Safety Management Systems,
(v) Quality Management Systems,
(vi) Aviation Medicine, Live Fire-Fighting,
(vii) Safety and Emergency Procedures Training,
(viii) Aviation Security,
(ix) English Language Proficiency,
(x) Train the Trainer Course; and
(i) any other course as may be determined by the Authority.
(2) Notwithstanding the requirements of subregulation (1), approved training for flight crew and air traffic controllers shall be conducted within an approved training organisation.
24. Flight simulator training devices
An applicant for, or holder of, an approved training organisation certificate providing flight simulator training shall—
(a) satisfy the Authority that suitably equipped flight simulator training devices are provided having regard to the number of students and courses provided by the organisation; and
(b) show that each flight simulator training device for training, testing and checking is specifically qualified and approved by the Authority for—
(i) each manoeuvre and procedure for the make, model and series of aircraft, set of aircraft, or aircraft type simulated, as applicable, and
(ii) each training program or training course in which the synthetic flight trainer is used, if that program or course is used to satisfy any requirement of these Regulations.
(1) An applicant for, or a holder of, an approved training organisation certificate that intends to conduct or conducts flight training shall show that it has continuous use of an airport and sites for helicopter training at which training flights originate and that the airport has an adequate runway and other necessary equipment.
(2) A base aerodrome and any alternative base aerodrome at which flight training is being conducted shall have at least the following facilities—
(a) one runway or take-off area that allows training aircraft to make a normal take-off or landing at the maximum take-off or maximum landing mass authorised, and touch down autorotation—
(i) under calm wind of not more than four knots conditions and temperatures equal to the mean high temperature for the hottest month of the year in the operating area,
(ii) clearing all obstacles in the take-off flight path by at least 50 feet,
(iii) with the power-plant operation and the landing gear and flap operations where applicable recommended by the manufacturer, and
(iv) with a smooth transition from lift-off to the best rate of climb speed without exceptional piloting skills or techniques;
(b) a wind direction indicator that is visible at ground level from the ends of each runway;
(c) adequate runway electrical lighting, if used for night training;
(d) a traffic direction indicator when—
(i) the aerodrome does not have an operating tower control, and
(ii) traffic and wind advisories are not available; and
(e) sites available for—
(i) confined area operation training,
(ii) simulated engine off autorotation, and
(iii) sloping ground operation.
26. Records for flight-crew training courses
(1) An approved training organisation shall maintain a record for each trainee that includes—
(a) the name of the trainee;
(b) a copy of the trainees airman's certificate or pilot certificate;
(c) the name of the course and the make and model of flight training equipment used;
(d) the trainee's prerequisite experience and course time completed;
(e) the trainee's performance on each lesson and the name of the instructor;
(f) the date and result of each end of course, skill test and the name of the evaluator conducting the test; and
(g) the number of hours of additional training that is accomplished after any unsatisfactory skill test.
(2) An approved training organisation approved to conduct flight-crew training shall maintain a record for each instructor or evaluator designated to instruct a course approval in accordance with these Regulations.
(3) An approved training organisation shall keep the records under this regulation for a minimum period of 10 years—
(a) for students, from the date of completion of training, testing or checking; and
(b) for staff, from the date of employment.
(4) The records referred to in subregulations (2) and (3) shall be made available, upon request by the Authority or trainees.
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