CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (SEARCH AND RESCUE) REGULATIONS

(section 89)

(18th September, 2020)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Application

PART II
Search and Rescue Organisation

    4.    Search and rescue services

    5.    National Search and Rescue Co-ordination Committee

    6.    Functions of National Search and Rescue Co-ordination Committee

    7.    Search and rescue regions

    8.    Manual

    9.    Registration of emergency locator beacons

    10.    Rescue Co-ordination Centres and Rescue Sub-centres

    11.    Functions of Rescue Co-ordination Centres and Rescue Sub-centres

    12.    Procedures for Rescue Co-ordination Centres

PART III
Co-operation and Co-ordination of Search and Rescue Services

    13.    Co-operation between states

    14.    Search and rescue letters of agreement

    15.    Co-operation with other services

    16.    Dissemination of information

PART IV
Preparatory Measures

    17.    Preparatory information

    18.    Search and rescue plans of operation

    19.    Search and rescue units

    20.    Training and exercises

    21.    Wreckage

PART V
Operation Procedures

    22.    Information concerning emergency

    23.    Procedure for Rescue Co-ordination Centre during emergency phase

    24.    Procedure where responsibility for operations extends to two or more contracting states

    25.    Procedure for authorities in the field

    26.    Procedure for Rescue Co-ordination Centres - termination and suspension of operations

    27.    Procedure at scene of accident

    28.    Procedure for pilot-in-command

    29.    Search and rescue signals

    30.    Requisitioning of aircraft and vessels

    31.    Search and rescue communications

    32.    Search and rescue equipment

    33.    Reporting of aircraft or vessel in distress

PART VI
General Provisions

    34.    Maintenance of records

    35.    Recovery of certain expenses

    36.    Failure to comply with direction or instructions

    37.    Offences and penalties

    38.    Revocation of S.I. No. 19 of 2012

        SCHEDULE 1

        SCHEDULE 2

19 of 2012,
S.I. 121, 2020.

PART I
Preliminary (regs 1-3)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Search and Rescue) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    "alert phase" means a situation where apprehension exists as to the safety of an aircraft and its occupants;

    "alerting post" means any facility intended to serve as an intermediary between a person reporting an emergency and a Rescue Co-ordination Centre or Rescue Sub-centre;

    "distress phase" means a situation where there is a reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger and require immediate assistance;

    "ditching" means a forced landing of an aircraft on water;

    "emergency phase" includes uncertainty phase, alert phase or distress phase;

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

    "pilot-in-command" means a pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;

    "requisition" means an official order laying claim to the use of an aircraft for search and rescue purposes;

    "rescue" means an operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety;

    "Rescue Co-ordination Centre" means a unit responsible for promoting efficient organisation of search and rescue services, and for co-ordinating the conduct of search and rescue operations within a search and rescue region;

    "Rescue Sub-centre" means a unit subordinate to a Rescue Co-ordination Centre, established to complement the latter according to particular provisions of the responsible authorities;

    "search" means an operation normally co-ordinated by a Rescue Co-ordination Centre or Rescue Sub-centre using available personnel and facilities to locate persons in distress;

    "search and rescue aircraft" means an aircraft provided with specialised equipment suitable for the efficient conduct of search and rescue missions;

    "search and rescue facility" means any mobile resource, including designated search and rescue units, used to conduct search and rescue operations;

    "search and rescue region" means an area of defined dimensions, associated with a Rescue Co-ordination Centre, within which search and rescue services are provided;

    "search and rescue service" means the performance of distress monitoring, communication, co-ordination and search and rescue functions, initial medical assistance or medical evacuation, through the use of public and private resources, including co-operating aircraft, vessel, other craft and installations;

    "search and rescue unit" means a mobile resource composed of trained personnel provided with equipment suitable for the expeditious conduct of search and rescue operations;

    "state aircraft" includes an—

    (a)    aircraft used or commanded by the Botswana Defence Force, the Botswana Police Service, Department of Wildlife and National Parks, Directorate of Intelligence and Security or customs service; and

    (b)    aircraft used in the military, security, customs or police service of a foreign state;

    "state of registry" means the state in whose register an aircraft is entered; and

    "uncertainty phase" means a situation where uncertainty exists as to the safety of an aircraft and its occupants.

3.    Application

    These Regulations shall apply to—

    (a)    an organisation responsible for the maintenance and operation of search and rescue services in Botswana and in areas over which Botswana has been given responsibility for the regional air navigation plan; and

    (b)    all aircraft requiring search and rescue services.

PART II
Search and Rescue Organisation (regs 4-12)

4.    Search and rescue services

    (1) The Authority shall arrange for the establishment and prompt provision of search and rescue services within Botswana to ensure that assistance is rendered to persons in distress, and such services shall be provided on a 24 hour basis.

    (2) The Authority may make arrangements to co-operate with other States.

    (3) The Authority shall when establishing search and rescue services referred to in subregulation (1)—

    (a)    ensure availability of resources, communication facilities and skilled manpower to co-ordinate and provide the search and rescue functions; and

    (b)    establish a process to improve service provision, including the aspects of planning domestic and international co-operative arrangements and training.

    (4) The Authority shall provide assistance to an aircraft in distress and to survivors of aircraft accidents, regardless of the nationality or status of such persons, or the circumstances in which such persons are found.

    (5) The Authority shall use search and rescue units and other available facilities to assist any aircraft or its occupants that are or appear to be in a state of emergency.

5.    National Search and Rescue Co-ordination Committee

    (1) There is hereby established a committee to be known as the National Search and Rescue Co-ordination Committee which shall consist of the following members—

    (a)    the Commander or a representative of the Botswana Defence Force;

    (b)    the Commissioner of Police or a representative of the Botswana Police Service;

    (c)    the Chief Immigration Officer;

    (d)    the Director of Wildlife and National Parks;

    (e)    the Director of National Health Services;

    (f)    the Director of Meteorological Services;

    (g)    the Director of Airport Services or a representative from aerodrome operators;

    (h)    the Commissioner General or a representative from Botswana Unified Revenue Service;

    (i)    the Permanent Secretary or a representative from the ministry responsible for international affairs and co-operation;

    (j)    the General Manager or a representative from Air Botswana; and

    (k)    a representative from the—

        (i)    private health sector,

        (ii)    aviation industry, and

        (iii)    telecommunications industry.

    (2) The Permanent Secretary to the Minister responsible for transport and communications shall be the Chairperson of the National Search and Rescue Co-ordination Committee and in his or her absence, the Permanent Secretary's delegate shall be the Chairperson.

    (3) The objective of the National Search and Rescue Co-ordination Committee shall be to direct and ensure a co-ordinated and effective search and rescue service within the search and rescue regions established under regulation 7.

6.    Functions of National Search and Rescue Co-ordination Committee

    (1) The National Search and Rescue Co-ordination Committee shall, within its means and capabilities, co-ordinate its resources to search, assist and where appropriate, effect a rescue operation for a—

    (a)    survivor of an aircraft crash or forced landing; and

    (b)    survivor of any state aircraft accident or incident where the aircraft is not engaged in an act of war.

    (2) The functions set out in subregulation (1)(a), exclude salvage operations.

    (3) The National Search and Rescue Co-ordination Committee in performing its functions shall—

    (a)    endeavour to co-operate with disaster management agencies established in terms of any law providing for the management of disasters;

    (b)    develop and recommend the national strategic search and rescue policy;

    (c)    co-ordinate administrative and operational matters regarding a search and rescue of an aircraft;

    (d)    provide an interface between the national and other regional and international organisations involved in search and rescue operations;

    (e)    oversee the implementation of the search and rescue plan for Botswana, and of procedures contained in the aeronautical search and rescue manual;

    (f)    co-ordinate arrangements for search and rescue training and exercises required by the search and rescue plan, including follow-up of actions recommended following the conduct of search and rescue exercises;

    (g)    promote effective use of all available facilities for search and rescue;

    (h)    serve as a co-operative forum to exchange information and develop positions and policies of interest to parties involved in the plan;

    (i)    promote close co-operation and co-ordination between civilian and military authorities and organisations for the provision of effective search and rescue services;

    (j)    improve co-operation among aeronautical, land search and rescue communities for the provision of effective search and rescue services;

    (k)    co-ordinate search and rescue exercises as necessary;

    (l)    ensure the availability of appropriately packed, droppable life support equipment that is securely positioned and maintained at strategic locations throughout the search and rescue region, and readily available for rapid loading onto search and rescue units; and

    (m)    determine other ways to enhance the overall effectiveness and efficiency of search and rescue services within Botswana, and to standardise search and rescue procedures and equipment where practicable, established in terms of any law providing for the management of disasters.