Dear Members,
SAHPA has embarked, after many years attempting to fit our type of aviation disciplines, namely PG,PPG, PPT, PPC, HG and PHG into the Authorities directed regulation for licensing, namely PART 62.
Despite many assurances and agreements from the authorities, it has become obvious that our types of aviation are never going to fit successfully into this part 62 designed for fixed wing aircraft and therefore similar to Gliding, Ballooning and Parachuting we require our own part.
We have taken this bold step.
We have therefore proceeded with submitting our own PART (based on the agreed modifications to Part 62 that was agreed by all our members). This new part is CAR Part 106 and its accompanying Technical Standards CATS 106.
This was submitted to, and accepted by CARCom and is now published for comment as notified in the Government GAZETTE.
All SAHPA members and industry inclusive of the public may comment.
NB positive comments agree with the formulation of a new part 106 are really welcome.
Reasons for a new part in brief
1. PART 62 does not work for us
2. South Africa is one of a few countries in the world requiring licensing (USA none – Spain none. etc.)
3. Countries similar to ours have Permits to fly (Australia) handled by their association or similar
4. A license requires approval and administration and comes at a cost.
5. An association (in our case SAHPA) sets and administers all standards and licenses (in the past) or as we propose going forward issue Permits to fly and not the Regulatory authority.
6. We are not ICAO regulated and thus should not fit in with the other aviation disciplines.
7. We fly in class G airspace predominantly.
8. We have a good track record of managing our disciplines.
9. We have good integrated systems.
10. All current licenses can easily convert to this system.
11. Less paper work – streamlined processes online.
12. Less cost and more accessibility – in line with industry and our high standards (our standard starts at IPPI 4 compared to many countries).
13. One Permit to fly with endorsements per discipline i.e. HG and PG with endorsements for power or undercarriage. No privileges lost but easier to act upon them.
14. Endorsements allow immediate use of the documented privilege and one does not have to wait for the authority to issue a licenses etc. This is safer.
15. Our standards remain the same and thus will be accepted by FAI or similar and other states.
16. SACAA does (at present) not process one expert on staff that is qualified in any of our disciplines.
17. This proposal is in line with worlds best practice
18. Parachuting issues their own licenses or ratings presently.
19. Paragliders we maintain are not aircraft per say, but a hybrid between a parachute and a wing.
Please read this entire document comprising 4 pages.
CARCom and the regulatory amendment process we commenced
The process is as follows:
1. We submitted a proposal in line with the agreed part 62 amendments however converted them into a new part 106 hence buy in form our members. SAHPA has wanted their own part for many years but was declined by RAASA.
2. The comments will be received by SAHPA or directly to SACAA.
3. The CARCom subcommittee that deals with this part of regulation is the ASO committee.
4. At a sitting of this committee it will be deliberated upon and if there are minor changes this sub -committee can deal with them.
5. If not, a work group (WG) of experts will be put in place to deal with finalising the regulation and producing a final document to be sent back to the ASO sub-committee. Participation from SACAA and industry will be required.
6. The ASO sub-committee will then submit this document in finalised form back to CARCom for finalization and request for promulgation.
7. If accepted, the new proposed part 106 and its associated CATS will be forwarded to DOT and the Minister or transport via the CARCom legal drafting team for promulgation and will become the new regulation once gazetted which we will then all adhere to.
After this we would then amend our TPM and other associated manuals and procedures and life should become simpler.
You can find the regulations to comment upon them here or on the SACAA website.
NB: The deadline to comment is before the 24th August 2020
The regulations have been gazetted for comment. The link for this is:
CARS 106
http://www.caa.co.za/Legal%20Documents/For%20comment%20by%2024%20August%202020/Schedule%202%20-%20Proposal%20for%20amendment%20of%20Regulation%20106.pdf
CATS 106
http://www.caa.co.za/Legal%20Documents/For%20comment%20by%2024%20August%202020/Schedule%207%20-%20Proposal%20for%20amendment%20of%20Technical%20Standard%20106.pdf
Email address to submit comments
We would appreciate that you send you comments to office@sahpa.co.za
However you can also send to SACAA (skosanas@caa.co.za and ncanywab@caa.co.za)
NB: Sending to SAHPA for collation allows us to ensure your comments are received by SACAA
Extract informing from notice requesting comments and informing of the deadline.
“Interested persons are hereby invited to submit written comments on the draft Amendment on or before the 24 August 2020 to the Chairperson: CARCom, for the attention of:
Sipho Skosana, E-mail: skosanas@caa.co.za, Tel: 011 – 545 1095, Postal Address: Private Bag X73,
Halfway House, 1685″
Or
Bulelani Ncanywa, E-mail: ncanywab@caa.co.za, Tel: 011 – 545 1662, Postal Address: Private Bag
X73, Halfway House, 1685”
To send comments.
To collate and manage your comments submitted, we request you adhere to the following format.
Place all your comments in one email or with an attached word document.
The Email Subject line should read: Your Name followed by Comments to Part 106
Example:
Subject: “Piet Visagie – Comment to Part 106”
Format to place your comments
Place current regulation or technical standard number and copy the regulation or tech standard as it exists and then under it place your proposed change or inclusion
Example:
CATS 106
106.01.2 (1) A person shall not act as a pilot of an aircraft under this Part whilst in or over any part of the Republic or the territorial waters thereof unless such person— (a) holds a valid appropriate permit to fly or rating/endorsement issued in terms of this Part; or
I wish it to read (followed by what you wish to change as follows or your comment)
A) Example of deletion
(a) Holds a valid permit to fly or rating/endorsement issued in terms of this part;
Your deletion should have a strike through
B) Example of insertion
Should you wish to insert
(a) Holds a valid permit to fly or rating, license/endorsement issued in terms of this part;
Underline your insertion
Many thanks in advance for being involved in the future of you sport and aviation activity.
The SAHPA Team