CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (SAFETY MANAGEMENT) REGULATIONS

(section 89)

(21st August, 2020)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
State Safety Management Responsibilities

    4.    Establishment of State Safety Programme

    5.    State safety policy, objectives and resources

    6.    State safety risk management

    7.    State safety assurance

    8.    State safety performance

    9.    State safety promotion

PART III
Safety Management System

    10.    Safety Management System obligations

    11.    Safety performance monitoring and measurement

PART IV
Safety Data and Safety Information Collection, Processing, Analysis, Protection, Sharing and Exchange

    12.    Safety Data Collection and Processing System

    13.    Mandatory safety reporting

    14.    Voluntary safety reporting

    15.    Safety data and safety information analysis

    16.    Safety data and safety information protection

    17.    Ambient workplace recordings

    18.    Safety information sharing and exchange

PART V
General Provisions

    19.    Administrative sanctions

    20.    Transitional provision

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

S.I. 105, 2020.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Safety Management) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "accident" means an occurrence associated with the operation of an aircraft which in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time the person has disembarked or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—

    (a)    a person is seriously injured as a result of—

        (i)    being in the aircraft,

        (ii)    direct contact with any part of the aircraft, including a part which has become detached from the aircraft, or

        (iii)    direct exposure to jet blast,

except when the injury is from a natural cause, is self-inflicted or inflicted by another person, or when the injury is to a stowaway hiding outside an area normally available to passengers and crew;

    (b)    the aircraft sustains damage or structural failure which—

        (i)    adversely affects the structural strength, performance or flight characteristics of the aircraft, and

        (ii)    would normally require major repair or replacement of the affected component,

except for engine failure or damage, which is limited to a single engine and its cowlings and accessories, propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreen, small dents or puncture holes in the aircraft skin, minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike including holes in the radome; or

    (c)    the aircraft is missing or is completely inaccessible;

    "aeroplane" means a power driven heavier than air aircraft, which derives, its lift in flight mainly from an aerodynamic reaction on a surface which remains fixed under a given condition of flight;

    "Authority" means the Civil Aviation Authority of Botswana as established by section 4 of the Act;

    "helicopter" means a heavier than air aircraft supported in flight mainly by the reaction of the air on one or more power-driven rotors on substantially vertical axes;

    "operational personnel" means personnel involved in aviation activities who are in a position to report safety information;

    "safety" means the state in which risks associated with, related to aviation activities, or in direct support of the operation of an aircraft are reduced and controlled to an acceptable level;

    "safety data" means a defined set of facts or a set of safety values collected from various aviation-related sources which is used to maintain or improve safety;

    "safety information" means safety data processed, organised or analysed in a given context so as to make the data useful for safety management purposes;

    "Safety Management System" or "SMS" means a systematic approach to managing safety, including the necessary organisational structures, accountability, responsibilities, policies and procedures;

    "safety oversight" means a function performed by the Authority to ensure that individuals and organisations performing any aviation activity comply with safety related regulations;

    "safety performance" means a state's or a service provider's safety achievement as defined by its safety performance targets and safety performance indicators;

    "safety performance indicator" means a data-based parameter used for monitoring and assessing safety performance;

    "safety performance target" means a state's or service provider's planned or intended target for a safety performance indicator over a given period, that aligns with the safety objectives;

    "safety risk" means the predicted probability and severity of the consequences or outcomes of a hazard;

    "SDCPS" means Safety Data Collection and Processing System;

    "serious incident" means an incident involving circumstances indicating that there was a high probability of an accident and associated with the operation of an aircraft which, in the case of—

    (a)    a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time a person has disembarked; or

    (b)    an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down;

    "serious injury" means an injury which is sustained by a person in an accident which—

    (a)    requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received;

    (b)    results in a fracture of any bone except simple fractures of fingers, toes or nose;

    (c)    involves a laceration which causes severe haemorrhage, nerve, muscle or tendon damage;

    (d)    involves injury to any internal organ;

    (e)    involves a second or third degree burn, or any burn which affects more than five per cent of the body surface; or

    (f)    involves verified exposure to an infectious substance or injurious radiation;

    "SSO" means State Safety Oversight;

    "State Safety Programme (SSP)" means an integrated set of regulations and activities aimed at improving safety; and

    "surveillance" means a state's activities through which the Authority proactively verifies through an inspection and an audit that an aviation licence, certificate, authorisation or approval holder continues to meet the established requirement and function at the level of competency and safety required by the state.

3.    Application

    (1) These Regulations shall apply to safety management functions related to, or in direct support of the safe operation of an aircraft.

    (2) Except where otherwise specified, these Regulations shall not apply to areas including—

    (a)    occupational safety;

    (b)    environmental protection;

    (c)    customer service; or

    (d)    product quality.

PART II
State Safety Management Responsibilities (regs 4-9)

4.    Establishment of State Safety Programme

    (1) The Authority shall establish and maintain an SSP commensurate with the size and complexity of Botswana's Civil Aviation System.

    (2) The SSP shall be founded on the SSO system which shall be implemented in compliance with the following elements—

    (a)    provisions of the Act;

    (b)    Regulations made under the Act;

    (c)    state systems and functions;

    (d)    qualified technical personnel;

    (e)    technical guidance, tools and safety critical information;

    (f)    licensing, certification, authorisation and approval obligations;

    (g)    surveillance obligations; and

    (h)    resolution of safety issues.

    (3) The framework for the implementation and maintenance of the SSO under subregulation (2) shall be as set out in Schedule 1.

5.    State safety policy, objectives and resources

    (1) The Authority shall establish a state safety policy, objectives and provide resources that satisfy the requirements of regulations 4(2)(a), (b), (c), (d) and (e).

    (2) The Authority shall identify, define and document the requirements, obligations, functions and activities regarding the establishment and maintenance of the SSP, including the directives to plan, organise, develop, maintain, control and continuously improve the SSP.