ANSWERS TO TECHNICAL QUESTIONS

[Sam]

Herewith facts to try and sort out the flurry of emails on the group over the last few days.

REQUIREMENTS TO BECOME AN APPROVED PERSON:
1. Complete application form – this can be obtained from me or from the Aero Club website – and submitted to the MISASA committee for approval to the Technical Committee.
2. On approval, the candidate must write the applicable examinations set out by the Technical Committee of Aero Club.

CAN OWNERS WORK ON THEIR OWN AIRCRAFT?
Yes all owners of NTCA aircraft can do all their repairs on their own aircraft, but the aircraft has to be inspected and signed out by an AP, AMO, AME or CAA approved person who is appropriately rated. There is no change proposed in Part 24, Part 66.10 or Part 96. This will not be changing in January 2008. Part 24.03.1(3) says: “Any non-type certificated aircraft … shall be maintained by or on behalf of its owner in such a manner that it is airworthy at the commencement of any flight.”

APPROVED PERSON LIST
There is a published AP list if you need to find out if someone is a registered AP or not.

AERO CLUB
Membership to the Aero Club is voluntary. You cannot be forced to join Aero Club. Aero Club and its sections are non-governmental. Most personnel at Aero Club are volunteers with a few paid officials and was created by the members to represent the members when government issues need to be discussed like the promulgation of Part 24 and all the other legal issues. The paid officials are paid out of monies received through membership and CAA grants. Aero Club will have greater representation than individual pilots will have with the CAA. Aero Club can cease to exist if there are no members.
In the past members have requested that Aero Club take out a bulk insurance scheme for the members. This was done in the form of the following two schemes, and as a member of Aero Club you have the option to make use of these insurances:
1. Professional Indemnity Insurance. This was taken out by the Aero Club for its members to cover all professional people. This group of people include all people who have been trained in some sort of way to provide a professional service to their sport. Please don’t confuse this with the term “commercialism”. This professional insurance covers people like instructors and APs against gross professional negligence. It covers only members of Aero Club. The professional person will only be covered when performing his/her profession for another member of Aero Club. e.g. An instructor, who is a member of the Aero Club, must be instructing a student who is a member of the Aero Club for the instructor to be covered by the insurance. The insurance will also not cover an AP, who is a member of Aero Club, if he performs an AP on an aircraft of a non-member of Aero Club. With these details in mind, it would then be in the best interest of all professional people to be members of Aero Club to make use of this insurance. It would also not be in the best interest of all professional people to do work/instruction for non-members of Aero Club as they would then not be covered and the professional could then be sued in his personal capacity. The AP has a choice whether he/she wants to take the chance by signing out a non-member’s aircraft. A non-member has the choice to either join Aero Club so that his AP of choice can sign out his aircraft or he needs to take his aircraft to an AMO or AME who will charge him in the region of R380/hour to look at his aircraft.
2. Third Party Legal Liability Insurance. This form of insurance is useful to carry should your aircraft accidentally damage a hangar, a car, another aircraft or even a farmers mielies should you have an engine out.
As a member of Aero Club you then have access to these insurances at greatly reduced costs.

THIRD PARTY INSURANCE
Third party insurance is not compulsory. CAA will therefore issue your Authority to Fly without the insurance. Pilots don’t have to have the insurance but it is something pilots shouldn’t fly without. I hope that pilots who fly without this insurance have a large bank balance, especially in this day and age. If you go in your personal capacity you can get Third Party Insurance from Dennis Jankelow for R500 000 for about R1000 per annum. As a member of Aero Club you will pay a mere R240. Doesn’t this seem at least an economical plus factor to be an Aero Club member. It makes a hell of a lot of sense.

CAN AIRCRAFT MANUFACTURERS SIGN OUT AIRCRAFT?
This question can be answered by the following sections
Part 66.10.2.1
No person shall act as an approved person on non-type certificated aircraft referred to in sub-regulation (3), unless such person is the holder of a valid approved person certificate with the appropriate rating issued by the Commissioner or, if applicable, the organization approved for the purpose in terms of Part 149, as the case may be.
Part 66.10.2.2
The holder of an approved person certificate shall not exercise privileges other than those granted by the approval and the appropriate rating held by such holder.

This means that should a manufacturer be an AP, AME or AMO rated on that specific aircraft or has a special dispensation from CAA they may do the annual inspection and sign the documents to apply for the new authority to fly. The person doing the inspection must be appropriately rated to do the inspection.

LEGALITY OF PART 24
Part 24 has never been promulgated but will be in January 2008. When Part 24 came into being about 2003 the Commissioner signed the document and it was put in place to tested for a 6 months period, which then dragged on for 4 years. The test period was supposed to be used as a period to see if the document is a good working document. It was during this time that amendments to the document should have taken place. Now that the Minister has said that this document is a good one and has signed it, it has been sent for promulgation. This document has been law since it was signed by the Commissioner but was never taken seriously. During this time everybody has had a chance to bring about amendments to the document prior to promulgation. Only now, months before the promulgation date, is everybody jumping up and down saying that they don’t agree with the document. Just to let you all know that we have one last chance to make any changes to this document before its promulgation. The date for our last opportunity to table amendments to this document is 11 DECEMBER 2007. BUT … WE WILL NEED ALL AMENDMENTS BY THE 15TH NOVEMBER TO HAVE TIME TO SEND IT OUT FOR COMMENT AND TO GET IT WRITTEN UP IN THE PROPER FORMAT. Should you have something constructive to say about amending this document before promulgation, please let the committee have what you think the problems are. For those of you who have never seen this document, I have attached it. Please if you consider anything a problem, please feel free to let us also have your solution to the problem. If nobody says anything by this date, what is written in Part 24 will be cast in stone and will take considerable effort in the form of applications to change it whereas things can be changed fairly easily still at this stage.

Should you want to make use of these insurances at a greatly reduced cost to you or have a voice when you have problems with the regulations, you need to be a member. Use the channels available to you to moan. If you aren’t a member and not prepared to do anything about it stop complaining. Become a member and get involved. The apathy of the Microlighters of South Africa was very prevalent at the latest AGM when only 18 members were present, four of which were from far away and it included the present committee.

[Tumbleweed]

Become a member and get involved. The apathy of the Microlighters of South Africa was very prevalent at the latest AGM when only 18 members were present, four of which were from far away and it included the present committee.

That's an unfair comment. I'm sure other Misasa members also stay too far to attend meetings to which they can't add legal./ technical value.

How else, besides paying the fees, would you like members to get involved?

Not all fly at clubs who convey/ partake in Misasa interaction. I'm sure many look at the pedigree and integrity of the committee and are quite confident in their ability.

You cannot fault people for showing concern for a sudden law change to which there appeared little proactive defence i.e. "we're busy with part 24 e.t.c, but I've been avoiding you "

So; you have the support, fees, just place on the web page the progress, obstacles, allow for response and tell us what you want from the members and you'll see the membership grow.

And, I'll buy you each a beer.

[skybound®]

CAN OWNERS WORK ON THEIR OWN AIRCRAFT?
Yes all owners of NTCA aircraft can do all their repairs on their own aircraft, but the aircraft has to be inspected and signed out by an AP, AMO, AME or CAA approved person who is appropriately rated. There is no change proposed in Part 24, Part 66.10 or Part 96. This will not be changing in January 2008. Part 24.03.1(3) says: “Any non-type certificated aircraft … shall be maintained by or on behalf of its owner in such a manner that it is airworthy at the commencement of any flight.”

24.03.1 (3) does not cover microlights - it covers aircraft such as (h) Hang-gliders, including powered hang-gliders; (i) Paragliders, including powered paragliders and paratrikes; (j) Parachutes; (k) Model aircraft; and(l) Rockets.

24.03.1 (1) & (2) cover a-g which includes microlights.

Hence (3) only allows owner maintenance on those types and not microlights. So still no indication of us being able to maintain our own aircraft.