CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (CONSTRUCTION OF VISUAL AND INSTRUMENT FLIGHT PROCEDURES) REGULATIONS

(section 89)

(6th August, 2021)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
General Requirements

    4.    Requirements for the provision of instrument flight procedure design service

    5.    General provisions

    6.    Instrument flight procedure design service provider

    7.    Instrument flight procedure designer training experience and approval

    8.    Procedure design data and information acquisition

    9.    Procedure design facility requirements

    10.    Instrument flight procedure design validation

    11.    Instrument flight procedure design process

    12.    Competency and experience of flight validation pilots

    13.    Safety assessment of instrument flight procedure

    14.    Approval of instrument flight procedure

    15.    Instrument flight procedure design publication

    16.    Errors in published instrument flight procedure

    17.    Aerodrome operating minima

PART III
Exemptions

    18.    Application for exemption

    19.    Requirements of application for exemption

    20.    Evaluation of application for exemption

PART IV
General Provisions

    21.    Use and retention of documents and records

    22.    Failure to comply with direction

    23.    Suspension or revocation of licence, certificate, etc.

    24.    Offences and penalties

    25.    Appeals

    26.    Savings and transitional provisions

S.I. 68, 2021.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "aerodrome operating minima" means the limits of usability of an aerodrome for—

    (a)    take-off, expressed in terms of runway visual range or visibility and, if necessary, cloud conditions;

    (b)    landing in precision approach and landing operations, expressed in terms of visibility or runway visual range and decision altitude/height (DA/H) as appropriate to the category of the operation;

    (c)    landing in approach and landing operations with vertical guidance, expressed in terms of visibility or runway visual range and decision altitude/height (DA/H); and

    (d)    landing in non-precision approach and landing operations, expressed in terms of visibility or runway visual range, minimum descent altitude/height (MDA/H) and if necessary, cloud conditions;

    "aeronautical data" means a representation of aeronautical facts, concepts or instructions in a formalised manner suitable for communication, interpretation or processing;

    "aeronautical information" means information resulting from the assembly, analysis and formatting of aeronautical data;

    "Aeronautical Information Circular (AIC)" means a notice containing information that does not qualify for the origination of a NOTAM or for inclusion in the AIP, but which relates to flight safety, air navigation, technical, administrative or legislative matters;

    "Aeronautical Information Publication (AIP)" means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;

    "Aeronautical Information Service (AIS)" means a service established within the defined area of coverage responsible for the provision of aeronautical data and aeronautical information necessary for the safety, regularity and efficiency of air navigation;

    "AIRAC" means the Aeronautical Information Regulation and Control signifying a system aimed at advance notification, based on common effective dates, of circumstances that necessitate significant changes in operating practices;

    "air navigation service provider" means an independent entity established for the purpose of providing one or more of the air navigation services;

    "air navigation services" means one or more of the following services provided for air navigation—

    (a)    air traffic services or air traffic management;

    (b)    instrument flight procedure design services;

    (c)    aeronautical information services/aeronautical information management;

    (d)    aeronautical cartographic services;

    (e)    aeronautical telecommunication services;

    (f)    aeronautical meteorological services; or

    (g)    aeronautical search and rescue;

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

    "certificate" means the certificate for the provision of Air Navigation Services issued by the Authority under Part II of these Regulations;

    "instrument flight procedure designer" means a person responsible for flight procedure design who meets the competency requirements as laid down by the Authority;

    "instrument flight procedure design service" means a service established for the design, documentation, validation, maintenance and periodic review of instrument flight procedures necessary for the safety, regularity and efficiency of air navigation;

    "obstacle" means all fixed objects, whether temporary or permanent, or mobile objects, or parts thereof, that—

    (a)    are located on an area intended for the surface movement of aircraft;

    (b)    extend above a defined surface intended to protect aircraft in flight; or

    (c)    stand outside those defined surfaces and that have been assessed as being a hazard to air navigation;

    "operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

    "operations manual" means a manual prepared by a service provider or a person applying for approval;

    "Point-in-Space (PinS) approach" means an approach procedure designed for helicopters only that includes both a visual and an instrument segment;

    "quality" means a degree to which a set of inherent characteristics fulfils requirement;

    "quality assurance" means part of quality management focused on providing confidence that quality requirements will be fulfilled;

    "quality management" means co-ordinated activities to direct and control an organisation with regard to quality; and

    "terrain" means the surface of the earth containing naturally occurring features such as mountains, hills, ridges, valleys, bodies of water, permanent ice and snow, and excluding obstacles.

3.    Application

    These Regulations shall apply to any person providing an instrument flight procedure design service within a designated airspace and at an aerodrome for civil aviation purposes.

PART II
General Requirements (regs 4-17)

4.    Requirements for provision of instrument flight procedure design service

    (1) An air navigation service provider shall—

    (a)    provide an instrument flight procedure design service;

    (b)    agree with one or more air navigation service providers to provide a joint instrument flight procedure design service; or

    (c)    delegate the provision of the instrument flight procedure design service to an external agency.

    (2) A person shall not provide an instrument flight procedure design service within Botswana unless—

    (a)    he or she holds a certificate issued under the Civil Aviation (Certification of Air Navigation Service Providers) Regulations (Cap. 71:01 (Sub. Leg.)); and