the law surrounding part 96

[lamercyfly]

Hi folk.

Prompted by the thread under the accident in Wintervogel, I have opened this topic so that the discussion surrounding the regs and microlight flights can be thrashed..

Let me state at the outset, for those who don't know me, that I have been performing microlight flights for folk for about 13 years. Before me, the industry was doing it for countless years, and we did it using instructors, from and through a registered microlight training school, using trikes on the schools licence. Furthermore they are done from the registered base of the training school.

That's how its been done, and that's how we will continue doing it, until the 'cows come home' ..

For those individuals, minimal in number, who believe there is a better way of doing it, I tell you from experience and knowledge, that you are misinformed.

It is my hope that by the time this thread has run it's course, you will be informed.

Oh, and lest I forget, would those of you who point at the accident in Wintervogel and prophesy doom kindly refrain from such. Part 96 or no part 96, accidents WILL happen. It's kinda as stupid as overlooking the glaring fact accidents happen in the passenger liner industry... and man, is that over-regulated!!

Now, here are the rules for this thread:

1. NO HEARSEY. If you want to state something, do your research and state it as fact, citing your source
2. If it's a 'thought' that you have, or an answer you require, then state you are enquiring.
3. If you ask a question, on page 5 of this thread, that has been answered on a previous page, it clearly means you are just a 'passing' stirrer, and not interested in contributing your time and effort in getting to the bottom of this ongoing debate. I will delete your post. You read this thread from page one, or refrain from commenting.
4. I reserve the right to delete this entire thread if it gets out of hand... I have started it, as from reading elswhere, the members of MISASA are rather clueless regarding Part 96 and its ramifications to our livelihood of both our industry and our families.

..fire away...

[Tony4]

Hi David,

Thank you for starting this post. Obviously part 96 has to do with Micro Comm regulation, etc. [as it relates to this micro forum]

For the benefit of those less learned than yourself, how about a very short brief of the law, and how you see the complexities?

Perhaps then others would get involved in your thread.

[D2O]

I have a question which affects the thoughts of every normal pilot of uncertified aircraft.
If a normal pilot holding an NPL (no instructor rating) has all his paperwork up to date, his life insurance only includes himself (the insurance company is informed of the flying), is a passenger covered by his own insurance if I take him for a flip without charging and there is an accident? When you read part 96, is this scenario sufficiently covered?
Will an indemnity form make a difference?
...or is the back seat only meant for instructors and jerry cans?

[D2O]

Forgive if it is a long post.
Part 96 as quoted from the regulations:

PART 96: COMMERCIAL OPERATION OF NON-TYPE CERTIFICATED AIRCRAFT 641
List of regulations
SUBPART 1: GENERAL
96.01.1 Applicability
SUBPART 2: FLIGHT CREW
96.02.1 In-flight relief of flight crew members
96.02.2 Cabin crew member compliment
96.02.3 Flight time and duty periods
96.02.4 Training and checking
SUBPART 3: DOCUMENTATION AND RECORDS
96.03.1 Operations manual
96.03.2 Exemptions
96.03.3 Disclosure
SUBPART 4: OPERATING CERTIFICATE
96.04.1 Operating certificate
96.04.2 Application for operating certificate
96.04.3 Adjudication of application for operating certificate
96.04.4 Period of validity of operating certificate
96.04.5 Safety inspections and audits
96.04.6 Duties of holder of operating certificate
96.04.7 Register of operating certificates
SUBPART 5: MAINTENANCE
96.05.1 General
96.05.2 Certificate of airworthiness
SUBPART 1: GENERAL
Applicability
96.01.1 (1) This Part applies to –
(a) non-type certificated aircraft engaged in flying training or commercial air transport
operations within the Republic;
(b) non-type certificated aircraft registered in the Republic; 642
(c) persons acting as flight crew members of non-type certificated aircraft registered in the
Republic and engaged in flying training or commercial air transport operations; and
(d) persons on board a non-type certificated aircraft engaged in flying training or commercial
air transport operations.
(2) A non-type certificated aircraft shall not be used in commercial air transport operations
unless the operator is the holder of the appropriate air service licence issued in terms of the Air
Services Licensing Act, 1990 or International Air Services Act, 1993: Provided that no amateurbuilt, production-built or ex-military aircraft shall be issued with a Class I or a Class II domestic
air service licence, nor with any international air service licence.
(3) An amateur-built, production-built or ex-military aircraft may be issued with a Class III,
type G16, domestic air service licence for the purpose of flipping, as defined in sub-regulation
(7).
(4) A non-type certificated aircraft shall not be used for flight training unless the operator is
the holder of the appropriate ATO approval, issued in terms of Part 141 of these Regulations.
(5) The provisions of Part 24, Part 91 and Part 94 of these Regulations shall apply with the
necessary changes to any non-type certificated aircraft unless specifically exempted by the
provisions of this Part.
(6) For the purpose of sub-regulation (2), tandem operations with hang-gliders, paragliders
or parachutes, even if carried out for remuneration or reward, shall not be considered to be the
providing of an air service as defined in the Air Services Licensing Act, 1990 or International Air
Services Act, 1993 nor to be a commercial air transport operation, as defined in Part 1 of these
Regulations.
(7) For the purpose of sub-regulation (3), flipping is defined as the carrying of fare-paying
passengers for the purpose of sight-seeing, and such operations shall be restricted as follows:
(a) flights shall commence and end at the same aerodrome or helicopter landing site without
any intermediate landing, and without any disembarking taking place by any means while
the aircraft is in flight;
(b) the duration of flights shall not exceed one hour of flight time; and
(c) the number of passengers carried, whether fare-paying or carried for free, shall not
exceed nine.
(8) For the purpose of sub-regulation (3), flipping is defined as the carrying of fare-paying
passengers for the purpose of sight-seeing, and such operations shall be restricted as follows:
(a) flights shall commence and end at the same aerodrome or helicopter landing site without
any intermediate landing, and without any disembarking taking place by any means while
the aircraft is in flight (parachute, rappeling, etc.);
(b) the duration of flights shall not exceed one hour of flight time;
(c) the number of passengers carried, whether fare-paying or carried for free, shall not
exceed nine.
SUBPART 2: FLIGHT CREW
In-flight relief of flight crew members
96.02.1 In the case of a large non-type certificated aircraft engaged in commercial air
transport operations, the provisions of regulation 121.02.2 of Part 121 shall apply with the
necessary changes. 643
Cabin crew member compliment
96.02.2 In the case of a large non-type certificated aircraft engaged in commercial air
transport operations, the provisions of regulations 121.02.5 to 121.02.9 (both inclusive) of Part
121 shall apply with the necessary changes.
Flight time and duty periods
96.02.3 (1) The operator of a non-type certificated aircraft engaged in commercial air
transport shall –
(a) establish a scheme for the regulation of flight time and duty periods for each flight crew
member;
(b) include the scheme referred to in paragraph (a) in the operations manual referred to in
regulation 96.04.1;
(c) ensure that each flight crew member complies with the provisions of the scheme referred
to in paragraph (a);
(d) not cause or permit any flight crew member to fly in the aircraft if such operator knows or
has been made aware that such flight crew member –
(i) will exceed the flight time and duty periods referred to in sub-regulation (1)(a)
while on flight duty; or
(ii) is suffering from or, having regard to the circumstances of the flight to be
undertaken, is likely to suffer from fatigue which may endanger the safety of the
aircraft or its flight crew members and passengers; and
(e) not schedule a flight crew member for active flight duty for a period exceeding eight
consecutive hours during any given flight time and duty period unless authorised in the
scheme referred to in paragraph (a).
(2) Except with the approval of the Director, the flight time and duty scheme of the operator
shall not be in conflict with the provisions of regulation 91.02.3(3).
(3) The provisions to be included in a flight time and duty scheme referred to in subregulation (1) shall be as prescribed in Document SA-CATS 96.
Training and checking
96.02.4 (1) The owner of a non-type certificated aircraft engaged in commercial air transport
operations shall establish and maintain a ground and flight training and recurrent training
programme for flight crew members in his permanent or part-time employ.
(2) The training shall be provided by the holder of an ATO approval issued in terms of Part
141.
(3) Training shall be in accordance with the syllabi prescribed in Document SA-CATS 96.
SUBPART 3: DOCUMENTATION AND RECORDS
Operations manual
96.03.1 (1) The operator of a non-type certificated aircraft used for the purpose of flight
training or in commercial air transport operations shall draw up an operations manual containing
all information required under this Part and setting out the manner in which such operator will 644
conduct the flying training for which he or she has been approved in terms of Part 141 of these
Regulations, or operate the air service for which such operator is licensed in terms of the Air
Services Licensing Act, 1990, as the case may be.
(2) The operator shall submit the operations manual in duplicate to the Director for
approval.
(3) If the Director is satisfied that the operator –
(a) will comply with the provisions of regulation 96.04.7; and
(b) will not conduct flying training contrary to the conditions of the ATO approval held, or
operate the air service concerned contrary to any provision of the Act or the Air Services
Licensing Act, 1990, as the case may be,
the Director shall certify in writing on both copies of the operations manual that such manual has
been approved, and shall return one copy of the approved operations manual to the operator.
(4) The operator shall submit an amendment to an approved operations manual in duplicate
to the Director for approval.
(5) If the Director is satisfied that the operator will comply with the provisions of subregulation (3)(a) and (b), the Director shall certify in writing on both copies of the amendment to
the approved operations manual that such amendment has been approved, and shall return one
copy of the approved amendment to the operator.
(6) The operator shall at all times operate the non-type certificated aircraft, when operated
in terms of this Part, in accordance with the approved operations manual or an approved
amendment thereto.
(7) The operator shall –
(a) ensure that all operations personnel are able to understand the technical language used
in those sections of the operations manual which pertain to their duties;
(b) ensure that every flight is conducted in accordance with the operations manual and that
those parts of the operations manual which are required for the conduct of a flight, are
easily accessible to the flight crew members on board;
(c) make the operations manual available for the use and guidance of operations personnel;
(d) provide the flight crew members with their own personal copy of the sections of the
operations manual which are relevant to the duties assigned to them;
(e) keep the operations manual up to date; and
(f) keep the operations manual in a safe place.
(8) The contents of the operations manual shall not contravene the conditions contained in
the operating certificate issued to the operator in terms of regulation 96.04.3.
(9) The structure and contents of the operations manual referred to in sub-regulation (1)
shall be as prescribed in Document SA-CATS 96.
Exemptions
96.03.2 Notwithstanding the provisions of regulation 91.03.1, a person may operate an
amateur-built or production-built aircraft, including a microlight aeroplane, while conducting flight
training or in a commercial air transport operation without carrying on board any of the
documents prescribed in the foregoing regulation should such carriage not be safely or
practically possible.
Disclosure 645
96.03.3 (1) A provider of flight training using, or a commercial air transport operator of, a
non-type certificated aircraft shall disclose to any student or any fare-paying passenger to be
carried on board the aircraft, as applicable, the warning that the aircraft is an aircraft not
required to comply with all the regulations for type-certificated aircraft and that boarding the
aircraft is at one’s own risk.
(2) The disclosure referred to in sub-regulation (1) shall be made to any potential student
before commencing flight training, or to any passenger before a ticket is purchased by means
suitable to the kind of operation and shall be repeated in the flight training agreement or on the
passenger ticket or similar contract of carriage, as applicable.
SUBPART 4: OPERATING CERTIFICATE
Operating certificate
96.04.1 The operator of a non-type certificated aircraft used for the provision of flight training
or in commercial air transport operations, as the case may be, shall not operate the aircraft
unless such operator is the holder of a valid –
(a) ATO approval, issued in terms of Part 141; or
(b) licence issued in terms of the Air Services Licensing Act, 1990; and
(c) operating certificate issued in terms of regulation 96.04.3.
Application for operating certificate
96.04.2 An application for an operating certificate shall be made to the Director in the
appropriate form as prescribed in Document SA-CATS 96 and shall be accompanied by the
appropriate fee as prescribed in Part 187.
Adjudication of application for operating certificate
96.04.3 (1) In considering an application referred to in regulation 96.04.2 the Director may
conduct the investigation he or she deems necessary.
(2) An application shall be granted and the operating certificate issued if the Director is
satisfied that –
(a) the applicant will comply with the provisions of regulation 96.04.7; and
(b) the applicant will not conduct flight training contrary to the ATO approval held, or operate
the air service concerned contrary to any provision of the Act, or the Air Service Licensing
Act, 1990.
(3) If the Director is not so satisfied, he or she shall notify the applicant, stating the reasons
in the notification, and grant the applicant the opportunity to rectify or supplement any defect
within the period determined by the Director, after which period the Director shall grant or refuse
the application concerned.
(4) An operating certificate shall be issued on the appropriate form as prescribed in
Document SA-CATS 96, under such conditions that the Director may determine.
Period of validity of operating certificate 646
96.04.4 (1) An operating certificate shall be valid for such period as may be determined by
the Director: Provided that such period shall not exceed a period of 12 months from the date of
issuing thereof.
(2) If the holder of an operating certificate applies at least 30 days prior to the expiry thereof
for a new operating certificate, that first-mentioned operating certificate shall, notwithstanding
the provisions of sub-regulation (1), remain in force until such holder is notified by the Director of
the result of the application for the issuing of a new operating certificate.
Safety inspections and audits
96.04.5 (1) An applicant for an operating certificate shall permit an authorised officer,
inspector or authorised person to carry out such safety inspections and audits which may be
necessary to verify the validity of an application made in terms of regulation 96.04.2.
(2) The holder of an operating certificate shall permit an authorised officer, inspector or
authorised person to carry out such safety inspections and audits which may be necessary to
determine compliance with the appropriate requirements prescribed in this part.
Duties of holder of operating certificate
96.04.6 The holder of an operating certificate shall –
(a) notify the Director in the manner as prescribed in Document SA-CATS 96, before any
change is effected to the particulars on the operating certificate;
(b) keep the operating certificate in a safe place and produce such operating certificate to an
authorised officer, inspector or authorised person for inspection if so requested by such
officer, inspector or person authorised person; and
(c) not commence or continue with the air service concerned unless such holder is the holder
of a valid operating certificate.
Register of operating certificates
96.04.7 (1) The Director shall maintain a register of all operating certificates issued in terms
of this Part.
(2) The register shall contain the following particulars –
(a) the full name and, if any, the trade name of the holder of the operating certificate;
(b) the postal address of the holder of the operating certificate;
(c) the number of the operating certificate issued to the holder;
(d) particulars of the type of air service for which the operating certificate was issued;
(e) particulars of the category of aircraft for which the operating certificate was issued; and
(f) the date on which the operating certificate was issued.
(3) The particulars referred to in sub-regulation (2) shall be recorded in the register within
30 days from the date on which the operating certificate is issued by the Director.
(4) The register shall be kept in a safe place at the office of the Director.
(5) A copy of the register shall be furnished by the Director, on payment of the appropriate
fee as prescribed in Part 187, to any person who requests the copy. 647
SUBPART 5: MAINTENANCE
General
96.05.1 (1) A non-type certificated aircraft used for the provision of flight training or in
commercial air transport operations shall be maintained by a licensed AME or AMO with the
appropriate rating or by a person approved for the purpose by the Director or the organisation
designated for the purpose in terms of Part 149, as the case may be, in accordance with the
provisions of Part 24 and Part 43 of these regulations, as they with the necessary changes
apply, and as has been specified in the approved Maintenance Control Manual.
(2) The Maintenance Control Manual shall –
(a) be drawn up in the format as prescribed in Technical Standard 44.03.2 in Document SACATS 44;
(b) prescribe who may carry out maintenance on the aircraft, and incorporate the terms of the
contract between the operator and any outside maintenance personnel or organisation
responsible for all or part of the maintenance, if any; and
(c) prescribe the environmental conditions under which maintenance may be carried out and,
if applicable, the special tools and equipment that are to be used in maintenance.
(3) Notwithstanding the provisions of sub-regulations (1) and regulation 96.01.1(4), the
privilege extended by regulation 44.01.13 shall apply only in respect of an owner who is the
holder of the valid applicable AME licence and ratings issued in terms of Part 66.
Certificate of airworthiness
96.05.2 The authority to fly for a non-type certificated aircraft approved to be operated for the
provision of flight training or in commercial air transport operations is issued in the form of a
certificate of airworthiness for non-type certificated aircraft as prescribed in Document SA-CATS
44.

[Tumbleweed]

Great Topic.

Although it deals exclusively with commerical operations i.e. flying for gain, I hope it initiates a clear and concise programme to rid the Micky Mouse hussler image and put to bed the notion that ntca aircraft operations are illegal and dangerous and lead to a simple CAA endorsement.

If I can suggest, post a link to AVCOM's http://www.avcom.co.za/phpBB3/viewtopic ... 9&t=107533 or post a new invitation to invite charter operations, disgruntled com pilots, CAA inspectors and opiniated individuals to comment further.

D20, in my opinion, your queery is not applicable to commerical operations and this post but you remain legal to fly as per your authorty to fly which allows you to fly with any pax.

Also, your personel life insurance is just that, your Misasa or 3rd party would cover consequential damages providing you're legal and not negligent.

An indemification form signed serves more as a warning that your pax is informed of engaging in a dangerous activity and should hold you blameless unless an investigation can prove that you were reckless or negligent in which case your indemnity form will be challenged. The pax signing may indemnify you from the pax claiming from you but not his dependants which makes it as effective as a warning sign on your trike, in my opinion.

[lamercyfly]

If the Administrator of this page feels it appropriate, kindly move this thread to the lAW section.

I posted under this Index as the LAW section is not widely read.

Thankyou

[Blue Max]

Can I ask a stupid question?

Will the payment of R10,000 or R100,000 to the authorities, make an instructor with 1000 hrs of trike flying a better pilot ???

[Grumpy]

My 1 Zim dollars worth
The 'LAW' as quoted (Copy/paste) by D20 is exactly the problem. Long worded, goes on forever, involved, many grey areas and can be read and interpreted in so many different ways.

We have Laws for Airlines, Laws for Comms, and now want laws for flipping by us. Much like Busses, Taxis, then Mini busses and cockroaches.(Toyota Corolla)

So fine if we are the cockroaches of the sky, set the rules so that they can be complied with.
Keep it simple, maybe minimum hours in log book, atf, insurance, medical etc and a license rating from an instructor and an indemnity letter so that when one does a 'flip' you can be 'licenced' and not seen as a rogue.
(otherwise it opens operators to go the cockroach taxi route which BTW cannot be regulated anymore)
Besides the 'interpretation' of intro flights, Out sport needs to take interested persons on a 'flip' to get to know it's value and at the price of flying should be able to cover expenses.

OK FINNIS Have a great week.

[abeladam48]

That's how its been done, and that's how we will continue doing it, until the 'cows come home' ..

For those individuals, minimal in number, who believe there is a better way of doing it, I tell you from experience and knowledge, that you are misinformed.

It is my hope that by the time this thread has run it's course, you will be informed.

[Grumpy]

That's how its been done, and that's how we will continue doing it, until the 'cows come home' ..

For those individuals, minimal in number, who believe there is a better way of doing it, I tell you from experience and knowledge, that you are misinformed.

It is my hope that by the time this thread has run it's course, you will be informed.

ABEL ADAM, for a 1st post most intuitive.
From your experience and knowledge we are misinformed. Sure
Kindly inform us now, or assist as to where where and how we can find a better way that can work.

[lamercyfly]

Hello Grumpy.. like I said, there is no better way than using training schools:

1. It is already a CAA approved organization, receiving regular audits.
2. You are using instructors - already approved to receive renumeration.
3. Instructors, already extra flight training has been received. To become an instructor you require 10 hours of dual patter training, plus a flight test by a designated examinor (grade A Instructor) PLUS 30 hours of lecture room work, besides the fact that you need 200 hours flight experience BEFORE you may become an instructor
4. The aircraft are already on a commercial ATF
5. 3rd party insurance is compulsory
6. Passenger seat insurance IS AVAILABLE if the operator chooses. (When I last enquired, IT WAS NOT AVAILABLE for passengers doing a flip under part 96!! )
7. The flights are performed FROM a known and approved training airfield, over known routes.

What would make sense is for our controlling body to stand together as one, and get co -operation from all the schools to all perform these introductory flights to a National Administrive Standard, so that there can be NO mistake. The flight IS A TRAINING FLIGHT. KLAAR!!

Instead everyone is running around this stupid Part96 thing, which is all good for guys wanting to do Crop Spraying, or Aerial Photography, or Game Counting etc., etc., But for Introductory Flights Part 96 has NO PLACE!!

It is going to KILL THE LIFEBLOOD of our sport. This is how we get about 75% of our permanent students!! Kill this, and our schools will dry up, because we can not operate on word of mouth pilot referrals. Our busiiness's will become unsustainable. Klaar!

Then see where it all goes. South my friend. No schools, no instructors. No instructors no AP's (Yup, most instructors who own airfields and schools offer the AP service as well)...the list goes on for any thinking person to follow to its logical conclusion.

Regards.

[John Young]

Hi David,

I couldn't agree with you more than I do.

Part 96 should only apply to pilots like myself who are not interested in training.

How do you enter the word "or" into Part 96 (Instructor "or" Part 96 endorsement)?

Right now, schools and instructors are terribly exposed.

I wonder how many Part 96 endorsements have been issued, if any?

Regards
John

[KFA]

1. It is already a CAA approved organization, receiving regular audits.
2. You are using instructors - already approved to receive renumeration.
3. Instructors, already extra flight training has been received. To become an instructor you require 10 hours of dual patter training, plus a flight test by a designated examinor (grade A Instructor) PLUS 30 hours of lecture room work, besides the fact that you need 200 hours flight experience BEFORE you may become an instructor
4. The aircraft are already on a commercial ATF
5. 3rd party insurance is compulsory
6. Passenger seat insurance IS AVAILABLE if the operator chooses. (When I last enquired, IT WAS NOT AVAILABLE for passengers doing a flip under part 96!! )
7. The flights are performed FROM a known and approved training airfield, over known routes.

What would make sense is for our controlling body to stand together as one, and get co -operation from all the schools to all perform these introductory flights to a National Administrive Standard, so that there can be NO mistake. The flight IS A TRAINING FLIGHT. KLAAR!!

I couldn't agree more. It is pointless that only because of the definition of a "flip" and "intro flight" there has to be such a great difference in the administrative issue IAW Part 141 or Part 96. I think where someone has a "pure" flipping operation like the guys operation on a "club membership" basis then they should be forced to comply with the Part 96 rules and where a legal school offers flips as well as legal training, then I cannot see the logic to have the school obtain a part 96 for basically the same operation. As I see part 96, the requirements are exactly the same as part 141 except that you have to have an ASL under part 96.

[HansH]

Obviously finance plays a large part in these kind of operations.
What would the costs of an initial ASL and then the annual renewal fees be?

[skybound®]

Instead everyone is running around this stupid Part96 thing, which is all good for guys wanting to do Crop Spraying, or Aerial Photography, or Game Counting etc., etc., But for Introductory Flights Part 96 has NO PLACE!!

An intro flight is a logable training flight - the time counts towards a persons licence. This stands the same for bliks and TCA. PPL schools offer intro flights and there is no commercial charter ops requirements for the ATOs to comply with and the flight is undertaken by an instructor (whom in most cases will be a comm pilot too). I believe that this inclusion of training into Part 96 is a serious anomaly - training and commercial transport ops are different .

My understanding was Part 96 was only meant to deal with Crop Spraying etc - ie for those NOT involved or even interested in the training environment.

Craig - I have not the time to read the entire part now - but how much work/effort is it for an ATO such as yours to get to Part 96 authorisation?

Also - how many schools have complied to date?