SA CAA exempts Part 93

Absolute Aviation Group along with the industry in general, and CAASA in particular have been lobbying the SA CAA with regards to some of the regulations recently promulgated under Part 93 which came into effect on 1 January 2017, and we are very pleased to advise that this collective pressure has resulted in the SA CAA granting a 180 Day Exemption to some of the regulations which are the most onerous.

The 180 Day exemption is intended to provide time for the SA CAA to consult with the industry in order to rewrite the regulations to be more in line with the international standards for these types of operation.

As an operator and valued client of Absolute Aviation, we have taken the liberty of highlighting the regulations which you, as a Part 93 Operator, are exempted from:

Pilot Proficiency Checks

93.03.8 (3) An OPERATOR (CAOC) shall ensure that:

1. prior to assignment to duty, each person required to receive training in accordance with this subpart, shall, whether employed on a full-time or part-time basis, receive training as appropriate to his or her duties in accordance with the provisions in Document SA-CATS 93;
2. each person required to receive the training referred to in paragraph (a), shall complete a written skills test or other comprehension assessment acceptable to the Director and where applicable, complete a skills test as specified in this subpart; and
3. the training facilities, equipment and personnel shall meet the requirements prescribed in Document SA-CATS 93.
4. NOTE: Provided that an approved simulator course shall be completed for an initial type rating as prescribed in CAR 93.03.8 and that 6-monthly pilot proficiency checks may be completed on the aircraft.

5. Fire Fighting Services

   93.07.1 (5) No CAO or PIC shall commence a flight unless it has been ascertained by every reasonable means available that the aerodrome ground facilities and services, including meteorological and rescue fire-fighting services:

   1. 1. 1. are available as required for the safe operation of the aircraft and the protection of the passengers;
         2. are adequate for the type of operation being conducted; and
         3. are functioning normally for their intended purpose.

         NOTE: Provided that rescue and fire-fighting equipment will still be arranged to a maximum extent possible when available at the aerodromes managed by the municipality.

         Dispatch limitations: landing at destination and alternate aerodromes

         93.08.4 (1) Subject to sub-regulation (3), no person shall dispatch or conduct a take-off in an aircraft unless:

         1. the mass of the aircraft on landing at the destination aerodrome will allow a full-stop landing:
            • in the case of any turbojet or turbofan-powered aircraft, within 60 per-cent of the landing distance available; or
            • in the case of a large propeller-driven aircraft, within 70% of the landing distance available; and
         2. the mass of the aircraft on landing at any alternate aerodrome will allow a full-stop landing—
            • in the case of a turbojet or turbofan-powered aircraft, within 60% of the landing distance available; and
            • in the case of a propeller-driven aircraft, within 70% of the landing distance available.

         FYI, below is the press release sent by CASAA pertaining to the 180-day exemption granted to the industry.

         CAASA PRESS RELEASE PART 93 EXEMPTION

         CAASA Part 93 task team has been working with the SACAA and our legal team headed by Grant Naude to get the critical problems with Part 93 exempted to give respite to industry while the issues get resolved with an industry task team that will make the necessary amendments to Part 93 via the CARCom process.

         As many will recall CAASA applied for a complete exemption of part 93 which was rejected by the DCA on the grounds that there were parts of Part 93 that are beneficial and safety matters. At the recent CARCom meeting whom AOPA attempted again to have the entire part 93 retracted to which the DOT responded that this would not happen as CARCom in the first place had recommended the original Part 93 for promulgation.

         CAASA wishes to thank the small Part 93 team with those companies some named and some wishing to remain nameless, that contributed financially to the drafting of our exemption request and preparing for the negotiations that have been successful on this matter.

         The exemptions department headed by Ms Cathy Teague has and continues to be extremely helpful and caucused extensively with CAASA ensuring the best outcome for the industry and SACAA considering the unique challenges.

         The urgent next phase of the Part 93 regulatory amendment is a “Go Fast” project to assist the industry rather than hinder it. It has also been agreed that high performance aircraft will find a place in Part 91 where CAASA believe they should have remained.

         CAASA premise of working with the SACAA to find common ground still shows fruits and SACAA has demonstrated they are serious in their intention to work with those organisations that come with solutions and to bring an international level of customer service to the industry.

         CAASA members whom wish to be involved in the drafting the amendments to Part 93 must please contact CAASA and provide contact details as this will be a new team.

         We trust that this concession will assist you in your operation and will continue to keep you updated on all developments on this matter going forward.

WITH YOU FOR THE JOURNEY