Statutory Instrument 48 of S.I. 2018. 48 of 2018 [CAP. 13:16 Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 Section 1. Title. 2. Interpretation. ARRANGEMENT OF SECTIONS PART I Preliminary PART II Operation of Parachutes 3. Application for parachuting certificate. 4. Parachuting licence. 5. Persons making parachute descent. 6. Descents into attended aerodromes. 7. Descents into unattended aerodromes. 8. Descents within restricted areas. 9. Visibility and clearance from cloud. 10. Descent from unpressurised aircraft. 12. Descent from above FL200. 13. Non-Type Certificated aircraft used for parachute drop operations. 14. Pilots performing flights for purposes of parachute operations. 15. Alcohol and drugs. 16. Hazard. 17. Exit from Aircraft. 18. Minimum parachute opening altitude. 19. Parachute drop zone. 20. Parachute landing area. 21. Ground signal. 22. Controlled airspace. 423
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 PART III Parachute Equipment Section 23. Main parachute. 24. Use of single-harness, dual-parachute systems. 25. Use of tandem parachute systems. 26. Use of static lines. 27. Approval-Parachute Rigger. 28. Altimeter. 29. Helmets. 30. Night descent. 31. Water descent. 32. Parachute descent near water. 33. General descent requirement. 34. Tandem harness. 35. Securing of articles. PART IV Parachute Maintenance 36. Parachute technician (Rigger). 37. Safety directives. 38. Parachute serviceability. 39. Modification and repair. 40. Parachute assemblies. 41. Parachute records. 42. Eligibility requirements. 43. Reports and records. PART V Balloon Operation 44. Operating certificate. 45. Application for operating certificate. 46. Period of validity of operating certificate. 424
S.I. 48 of 2018 Section 47. Safety inspections and audits. 48. Duties of holder of operating certificate. 49. Register of operating certificates. 50. Establishment of procedures. 51. Operational control and supervision. 52. Competence of operations personnel. 53. Intoxication. 54. Dry lease-in of free balloons. 55. Wet lease-in of free balloons. 56. Dry lease-out of free balloons. 57. Wet lease-out of free balloons. 58. Leasing of a free balloon between two Zimbabwean operators. 59. Preservation of documents. 60. Composition of flight crew. 61. Flight crew member emergency duties. 62. Flight time and duty periods. 63. Documents to be retained on ground. 64. Operations manual. 65. Balloon operating manual. 66. Balloon flight manual. 67. Flight time and duty period records. 68. Records of emergency and equipment. 69. Flight crew member training records. 70. Load sheet. 71. Approval of instruments and equipment. 72. Use of air traffic services. 73. Smoking in, or in the vicinity of a balloon. 74. Fuel policy. 75. Fuel supply. 76. Carriage of children. 77. Carriage of passengers with disability. 78. Limitations on carriage of infants, children and passengers with disability. 79. Passenger services. 80. Incidents and defects. 425
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 Section 81. Balloon performance operating limitations. 82. General provisions for all classes of free balloons. 83. Take-off. 84. Maintenance. PART VI General 85. Requirement for application for exemption. 86. Substance of the request for exemption. 87. Review, publication and issue or denial of the exemption. 88. Evaluation of the request. 89. Appeals. 90. Offences and penalties. Schedule: Fees. IT is hereby notified that the Minister of Transport and Infrastructural Development, in consultation with the Board, has, in terms of section 79(1) of the Civil Aviation Act [Chapter 13:16], approved the following regulations: PART I Preliminary Title 1. These regulations may be cited as the Civil Aviation (Balloon and Parachute Operations) Regulations, 2018. Interpretation 2. In these regulations, unless the context otherwise directs aerial work means an aircraft operation in which an aircraft is used for services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement and other specialised services; 426
S.I. 48 of 2018 acrobatic flight refers to manoeuvres intentionally performed by an aircraft involving an abrupt change in an aircraft s attitude, an abnormal attitude, or abnormal variation in speed; agricultural aircraft operation means the operation of an aircraft for the purpose of (a) dispensing any economic poison; (b) dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control; or (c) engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects; Aviation Recreation Organisation means an organisation whose members operate, for recreational purposes, using (a) microlight aeroplanes and powered paragliders; (b) gliders; (c) free balloons; (d) gyroplanes; (e) hang gliders and non-powered paragliders; (f) parachutes; or (g) non-certificated aircraft; automatic activation device means a self-contained mechanical or electro- mechanical device that is attached to the interior of the reserve parachute container, which automatically initiates parachute deployment of the reserve parachute at a pre-set altitude, time, percentage of terminal velocity, or a combination thereof; Authority means the Civil Aviation Authority of Zimbabwe established in terms of section 4 of the Civil Aviation Act [Chapter 13:16]; banner means an advertising medium supported by a temporary framework attached externally to the aircraft and towed behind the aircraft; 427
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 congested area means a city, town or settlement, or open air assembly of people; economic poison means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living human beings or other animals, which Zimbabwe may declare to be a pest, and use as a plant regulator, defoliant or desiccant; drop zone means any pre-determined area upon which parachutists or objects land after making an intentional parachute jump or drop; freefall means the portion of a parachute jump or drop between aircraft exit and parachute deployment in which the parachute is activated manually by the parachutist at the parachutist s discretion or automatically, or, in the case of an object, is activated automatically; main parachute means a parachute worn as the primary parachute used or intended to be used in conjunction with a reserve parachute; news media and traffic reporting means those operations involving the observation of, and reporting on, news media events or vehicular traffic conditions on the highways and streets when conducted by aircraft or airmen, or both, not designated as solely public use; object means any item other than a person that descends to the surface from an aircraft in flight when a parachute is used or is intended to be used during all or part of the descent; parachute drop or drop means the descent of an object to the surface from an aircraft in flight when a parachute is used or intended to be used during all or part of that descent; parachute jump or jump means a parachute operation that involves the descent of one or more persons to the surface from an aircraft in flight when an aircraft is used or intended to be used during all or part of that descent; 428
S.I. 48 of 2018 parachute operation means the performance of all activity for the purpose of, or in support of, a parachute jump or a parachute drop which involves, but is not limited to, the following persons: parachutist, parachutist in command and passenger in tandem parachute operations, drop zone or owner or operator, jump master, certificated parachute rigger, or pilot; parachutist means a person who intends to exit an aircraft while in flight using a single-harness, dual parachute system to descend to the surface; parachutist in command means the person responsible for the operation and safety of a tandem parachute operation; passenger parachutist means a person who boards an aircraft, acting as other than the parachutist in command of a tandem parachute operation, with the intent of exiting the aircraft while in-flight using the forward harness of a dual harness tandem parachute system to descend to the surface; pilot chute means a small parachute used to initiate or accelerate deployment of a main or reserve parachute; reserve parachute means an approved parachute worn for emergency use that is to be activated only upon failure of the main parachute or in any other emergency where use of the main parachute is impractical or use of the main parachute would increase risk; rotorcraft load combinations means configurations for external loads carried by rotorcraft (a) Class A external load fixed to the rotorcraft, cannot be jettisoned, and does not extend below the landing gear, used to transport cargo; (b) Class B external load suspended from the rotorcraft, which can be jettisoned, and is transported free of land or water during rotorcraft operations; (c) Class C external load suspended from the rotorcraft, which can be jettisoned, but remains in contact with land or water during rotorcraft operation; 429
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (d) Class D - external load suspended from the rotorcraft for the carriage of persons; single-harness dual parachute system means the combination of a main parachute, approved reserve parachute, and approved single person harness and dual-parachute container; static line means a line of cable or webbing, one end of which is fastened to the parachute, the other end to some part of the aircraft, used to activate and deploy or partially deploy the parachute as the load falls away from the aircraft; tandem parachute operation means a parachute operation in which more than one person simultaneously uses the same tandem parachute system while descending to the surface from an aircraft in flight; tandem parachute system means the combination of a main parachute, approved reserve parachute, and approved harness and dual parachute container, and a separate approved forward harness for a passenger parachutist. Application for parachuting certificate 3. (1) Any person who wishes to conduct an operation involving parachute descent for commercial purposes shall apply for an air service permit from the Ministry responsible for Transport accompanied by the prescribed fee. (2) The Ministry may either (a) approve the application; or (b) reject; the application made in terms of subsection (1). (3) Where the Ministry approves an application made in terms of subsection (1), the applicant shall be issued with an air service permit. (4) The air service permit referred to subsection (3) shall be accompanied with an application for an Air Operator Certificate application form specified in the Civil Aviation Air Operator Certificate and Administration Regulations. 430
S.I. 48 of 2018 (5) An application made in terms of subsection (4) shall be treated in accordance with the provisions relating to Civil Aviation Air Operator Certificate and Administration Regulations. (6) No person shall carry out parachuting activities for commercial purposes without an Air Operator Certificate issued by the Authority. (7) Notwithstanding subsection (6), persons who carry out parachuting activities as sport or clubs shall require affiliation with Authority approved organisation and follow the safety requirements published by the organisations before approaching the Authority for permission to operate. (8) An Air Operator Certificate with parachuting approval in their operations specifications shall continue in effect for one year following the date of issue unless (a) cancelled; or (b) suspended; or (c) revoked; or (d) the operator suspends operations for more than 90 days. (9) No person shall conduct a parachute operation, and no pilot in command of an aircraft shall allow a parachute operation to be conducted from an aircraft, if that operation creates a hazard to air traffic or to persons or property on the surface. (10) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding level 12 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. Parachuting licence 4. The following entities will be eligible to seek parachuting permission (a) a citizen of Zimbabwe; or (b) a group of individuals of Zimbabwean nationality or a trust/society registered under a club or trustee; or (c) a company registered under the Companies Act [Chapter 24:03], having its principal place of business within Zimbabwe; or 431
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (d) Flying Training Organisations or AOC holders with the Authorities sky diving approval on their operations specifications. Persons making parachute descent 5. Any person making a parachute descent in terms of subsection (7) shall (a) be a bona fide member of an aviation recreation organisation designated (i) by the Authority; and (ii) in terms of the Civil Aviation (Aerial Work) Regulations; and (b) be authorised by such approved aviation recreation organisation to make such parachute descent; and (c) comply with the privileges and limitations of the authorisation referred to in paragraph (b); and (d) comply with the standards and procedures determined by such approved aviation recreation organisation; and (e) comply with the currency requirements determined by such approved aviation recreation organisation. Descents into attended aerodromes 6. A parachutist making a parachute descent onto a manned aerodrome shall have prior approval from the owner or operator of the aerodrome. Descents into unattended aerodromes 7. A parachutist making a parachute descent onto an aerodrome where no ATS is provided, shall (a) have prior approval from the owner or operator of the aerodrome; (b) observe other aerodrome traffic operating within the parachute descent zone for the purpose of avoiding collision; 432
S.I. 48 of 2018 (c) conform with or avoid the pattern of traffic formed by other aircraft operating within the parachute descent zone at the aerodrome; and (d) land within the parachute landing area. Descents within restricted areas 8. No parachutist shall make a parachute descent within the restricted or prohibited area unless he or she has obtained the authorisation from the Authority. Visibility and clearance from cloud 9. No parachutist shall conduct a parachute operation, and no pilot in command of an aircraft shall allow a parachute operation to be conducted from that aircraft (a) into or through a cloud; or (b) when the flight visibility or the distance from any cloud is less than that prescribed for visual flight rules. Descent from unpressurised aircraft 10. A parachutist making a parachute descent from an unpressurised aircraft shall (a) if between an altitude of FL120 and FL170 for longer than 30 minutes continuously, use supplementary oxygen; or (b) if between an altitude of FL150 and FL180 for longer than 15 minutes continuously, use supplementary oxygen until immediately prior to exiting the aircraft; or (c) if between an altitude of FL180 or higher for more than 10 minutes continuously use supplementary oxygen until immediately prior to exiting the aircraft; and (d) have received instruction on the use of oxygen equipment and the effects of Hypoxia. Descent from pressurised aircraft 11. A parachutist making a parachute descent from a pressurised aircraft up to FL200 shall use supplementary oxygen during the period 433
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 from immediately prior to decompression to immediately prior to exiting the aircraft. Descent from above FL200 12. (1) A parachutist making a parachute descent from above FL200 shall comply with the standards, procedures and training requirements determined by (a) the applicable aviation recreation organisation s approved manual of procedures; or (b) the Air Operator Certificate holder and approved by the Authority. (2) No parachutist shall make a parachute descent from above FL200 unless he or she has the prior written approval of the Authority. Non-Type Certificated aircraft used for parachute drop operations 13. No parachutist shall use a non-type certified aircraft for parachute drop operations unless such aircraft (a) has been considered and found suitable for the purpose by the Authority; and (b) is issued with a valid authority to fly by the Authority. Pilots performing flights for purposes of parachute operations 14. Any pilot performing a flight for the purposes of a parachute drop shall (a) be a holder of a valid pilot licence issued in terms of the Civil Aviation Licencing Regulations; (b) have no less than 100 hours as Pilot-In-Command; (c) have received an appropriate briefing on the intended parachute drop operations in accordance with the applicable Air Operator Certificate or aviation recreation organisation s approved manual of procedures; and (d) have the briefing in paragraph (c) entered and signed in the pilots logbook. 434
S.I. 48 of 2018 Alcohol and drugs 15. (1) No parachutist shall make a parachute descent while under the influence of alcohol or drugs having a narcotic effect, to the extent where the safety of such person or other persons is likely to be endangered. (2)No operator shall conduct a parachute operation, and no pilot in command of an aircraft shall allow a parachutist to conduct a parachute operation from that aircraft, if that person is or appears to be under the influence of intoxicating or psychoactive substances. Hazard 16. No person shall make a parachute descent if such parachute descent constitutes, or is likely to constitute, a safety hazard to (a) air traffic; or (b) persons; or (c) property in the air or on the ground; or (d) the aircraft concerned or its occupants. Exit from aircraft 17. (1) The loadmaster or chief instructor or instructor on duty or jump master on board the aircraft, shall give an instruction to proceed with the parachute descent (a) after approval has been received from the Pilot-In- Command; and (b) when the aircraft is positioned correctly. (2) Each person making a parachute descent shall only exit from the aircraft and commence the parachute descent, on instruction of the authorised persons referred to in subsection (1). Minimum parachute opening altitude 18. Each person making a parachute descent shall activate the main parachute at not less than 2 000 feet Above Ground Level, except for (a) a student parachutist, who shall activate the main parachute at not less than 2 500 feet Above Ground Level; 435
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (b) a person carrying out a tandem parachute descent, who shall activate the main parachute at not less than 4 000 feet Above Ground Level; (c) a demonstration or display parachutist who may exit and activate their parachute at an altitude less than 2 000 feet Above Ground Level as per the aviation recreation organisation s approved manual of procedures; or (d) a parachutist performing a jump as part of a unusual descent may exit and activate their parachute at an altitude less than 2 000ft Above Ground Level as approved by the aviation recreation organisation. Parachute drop zone 19. (1) A parachute descent, except emergency and display parachute descent, shall be made within a parachute drop zone approved by the Authority. (2) A person may make a parachute descent outside a parachute drop zone, if the descent is authorised by the Authority. Parachute landing area 20. (1) A parachutist making a parachute descent is required to land on a parachute landing area authorised by the (a) Aviation Recreation Organisation; or (b) Authority. (2) Simultaneous parachute and aircraft movements may be conducted at aerodromes if the parachute landing area is located clear of (a) any movement area in use; (b) the strip area of any runway in use; (c) the taxiway minimum separation distances; and (d) the approach and take-off area of any runway or heliport in use. Ground signal 21. (1) A parachutist making a parachute descent shall not land at an unattended aerodrome unless the ground signal is displayed. 436
S.I. 48 of 2018 (2) When parachute descents are being performed at night, the ground signal shall be illuminated. Controlled airspace 22. Each person making a parachute descent in controlled airspace shall obtain an air traffic control clearance from the Air Traffic Controller. PART III Parachute Equipment Main parachute 23. Each person or tandem pair making a parachute descent shall be equipped with a main parachute which complies with the requirements prescribed by these regulations. Use of single-harness, dual-parachute systems 24. (1) No person shall conduct a parachute operation using a single-harness dual-parachute system, unless that system has at least (a) one main parachute; and (b) one approved reserve parachute; and (c) one approved single person harness; and (d) container. (2) The main parachute referred to in subsection (1) shall have been packed within 180 days before the date of its use by (a) an approved parachute rigger; or (b) the person making the next jump with that parachute; or (c) an unapproved person under the direct supervision of the approved parachute rigger. (3) The reserve parachute referred to in subsection (1) shall have been packed by an approved parachute rigger within 180 days before the date of its use (a) if its canopy, shroud, and harness are composed exclusively of nylon, rayon, or similar synthetic fiber 437
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (b) or material that is substantially resistant to damage from mold, mildew and other fungi and other rotting agents propagated in a moist environment; or if it is composed of any amount of silk, pongee, or other natural fiber, or material not specified in paragraph (a). (4) If installed, the automatic activation device must be maintained in accordance with manufacturer instructions for that automatic activation device. Use of tandem parachute systems 25. (1) No person shall conduct a parachute operation using a tandem parachute system unless (a) one of the parachutists using the tandem parachute system is the parachutist in command, and meets the following requirements (i) a minimum of three years of experience in parachuting; and (ii) must provide documentation that the parachutist has completed a minimum of 500 free fall parachute jumps using a ram air parachute; and (iii) holds a master parachute licence issued by an organisation recognized by the Authority; and (iv) has successfully completed a tandem instructor course given by the manufacturer of the tandem parachute system used in the parachute operation or an organisation acceptable to the Authority; and (v) has been certified by the appropriate parachute manufacturer or tandem course provider as being properly trained on the use of the specific tandem parachute system to be used; (b) acting as parachutist in command (i) has briefed the passenger parachutist about the procedures to be used in case of an emergency with the aircraft before boarding the aircraft; preparing to exit and exiting the aircraft, or after 438
S.I. 48 of 2018 exiting the aircraft, operating the parachute after freefall, landing approach, and landing; (ii) uses the harness position prescribed by the manufacturer of the tandem parachute equipment; (c) the main parachute has been packed by (i) an approved parachute rigger; or (ii) the parachutist in command making the next jump with that parachute; or (iii) a person under the direct supervision of an approved parachute rigger; (d) the reserve parachute has been packed by an approved parachute rigger; (e) the tandem parachute system contains an operational automatic activation device for the reserve parachute, approved by the manufacturer of that tandem parachute system; (f) the device have been maintained in accordance with manufactures instructions; (g) the passenger parachutist is provided with a manual main parachute activation device and instructed on the use of that device, if required by the owner or operator; (h) the main parachute is equipped with a single-point release system. Use of static lines 26. (1) Except as provided in subsection (3)(a) and (b), no person shall conduct a parachute operation using a static line attached to the aircraft and the main parachute unless (a) an assist device is used to aid the pilot chute in performing its function; or (b) if no pilot chute is used, to aid in the direct deployment of the main parachute canopy. (2) The assist device referred to in subsection (1) shall (a) be long enough to allow the main parachute container to open before a load is placed on the device; 439
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (b) have static load strength of (i) at least 28 pounds (12.5 Kg) but not more than 160 pounds (72.5Kg) if it is used to aid the pilot chute in performing its function; or (ii) at least 56 pounds (25Kg) but not more than 320 pounds (145Kg) if it is used to aid in the direct deployment of the main parachute canopy; (c) be attached as follows (i) at one end, to the static line above the static-line pins or, if static-line pins are not used, above the static-line ties to the parachute cone; (ii) at the other end, to the pilot chute apex, bridle cord, or bridle loop, or, if no pilot chute is used, to the main parachute canopy. (3) No person shall attach an assist device required by subsection (2) to any main parachute unless (a) that person is an approved parachute rigger; or (b) that person makes the next parachute jump with that parachute. (4) An assist device shall not be required for parachute operations using direct-deployed, ram-air parachutes. Approvals-Parachute Rigger 27. (1) No person shall pack, maintain, or alter any personnelcarrying parachute intended for emergency use in connection with civil aircraft (including the reserve parachute of a dual parachute system to be used for intentional parachute jumping) unless (a) that person holds an appropriate current approval, type rating; and (b) complies with requirements of these regulations. (2) No person shall pack any main parachute of a dualparachute system to be used for intentional parachute jumping in connection with civil aircraft unless that person (a) has an appropriate current rigger approval issued under the Personnel Licensing Regulations; 440
S.I. 48 of 2018 (b) is under the supervision of a current approved parachute rigger; (c) is the person making the next parachute jump with that parachute; (d) is the parachutist in command making the next parachute jump with that parachute in a tandem parachute operation. (3) Each person who holds a parachute rigger approval shall present it for inspection upon the request to an authorised representative of the Authority. (4) The type of parachute rigger approvals issued by the Authority are as follows (a) senior parachute rigger. (b) master parachute rigger. Altimeter 28. Each student parachutist or solo jumper making a free-fall descent of more than 15 seconds shall (a) be equipped with, and use, a serviceable altimeter of a type suitable for parachuting; and (b) prior to take-off, zero the altimeter to the parachute landing area height. Helmets 29. Each student parachutist making a parachute descent shall wear a serviceable, rigid, protective helmet of a type authorised by the Air Operator Certificate holder or applicable aviation recreation organisation s approved manual of procedures. Night descent 30. No person shall make a parachute descent by night without an illuminated altimeter. Water descent 31. (1) A parachutist making a parachute descent into water shall wear a serviceable, flotation device capable of supporting him or her and his or her equipment. 441
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (2) A parachutist making a parachute descent into water shall be briefed on the procedures for water jumps. Parachute descent near water 32. Any student parachutist making a parachute descent within one nautical mile of a lake or major river shall wear a serviceable flotation device capable of supporting the person and equipment. General descent requirement 33. Any person or group of persons making a parachute descent shall ensure that there is a rescue tender stationed at the parachute landing area to retrieve such persons. Tandem harness 34. Each tandem rider making a tandem descent shall wear a harness which is properly secured to the matching tandem master harness approved by the Air Operator Certificate holder or the applicable aviation recreation organisation s manual of procedures. Securing of articles 35. Any article or object that forms part of the parachutist s acceptable gear or accessories, may be carried on board if secured through acceptable means by the respective person performing the parachute jump. PART IV Parachute Maintenance Parachute technician (Rigger) 36. Each parachute technician shall (a) be a current bona fide member of the holder of an aviation recreation organisation approval or a permanent Air Operator Certificate holder employee; (b) be at least 18 years old; (c) be authorised as a parachute technician by the Authority; 442
S.I. 48 of 2018 (d) comply with the currency requirements determined by such aviation recreation organisation or Air Operator Certificate holder; (e) comply with the privileges and limitations of his or her authorisation; and (f) comply with the operational standards and procedures determined by the applicable aviation recreation organisation or Air Operator Certificate holder. Safety directives 37. No parachutist shall make a parachute descent unless the parachute assembly complies with all mandatory modifications or instructions issued by the manufacturer. Parachute serviceability 38. (1) Any person who finds a parachute assembly to be unserviceable or not airworthy shall have the assembly (a) re-inspected and returned to a serviceable and airworthy state; or (b) withdrawn from service. (2) Any owner of a parachute assembly shall ensure that it is in a serviceable and airworthy condition before use. Modification and repair 39. No parachutist shall make a parachute descent with an emergency or reserve parachute, or harness and container system, which has been modified or repaired, in a manner that may affect the airworthiness of the parachute assembly, unless such emergency or reserve parachute has been re-inspected and re-assessed by a parachute technician authorised by the Authority. Parachute assemblies 40. (1) No parachutist shall make a parachute descent unless he or she has checked the state of serviceability of the parachute assembly by (a) reference to the assembly packing record with the equipment; 443
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (b) a comprehensive external check; and (c) checking the correct setting of the applicable equipment. (2) No student parachutist shall make a parachute descent unless his or her parachute assembly has been checked in accordance with subsection (1) by a person, authorised to supervise the descent by the applicable Air Operator Certificate holder or aviation recreation organisation s approved manual of procedures. Parachute records 41. (1) Each owner of an emergency or reserve parachute assembly, shall maintain a permanent record of the assembly in (a) a logbook; or (b) a separable log page, approved by the (i) applicable aviation recreation organisation; or (ii) Air Operator Certificate holder. (2) The owner referred to in subsection (1) shall make the record available for inspection when required by an authorised officer, inspector or authorised person. Eligibility requirements 42. Parachute jumping operations specifications, applicants must have the following (a) air service permit authorising the operation; (b) approved and appropriately certified and rated personnel; (c) suitable facilities, equipment, material necessary to do the kind of work for which a rating is required which shall be adequately lighted and ventilated; (d) an exposition manual approved by the Authority with at least the following (i) the organisational structure including management personnel; and (ii) duties and responsibilities of management personnel; (e) description of the facilities used to support the parachuting activities; 444
S.I. 48 of 2018 (f) description of the parachutes used and the associated hardware; (g) a list of procedures used for the inspection and storage of the parachutes and the associated hardware; (h) an approved list of procedures used for packing, maintenance and alterations of parachutes and associated hardware; (i) a list of maintenance reports and records that track all maintenance requirements and activities; (j) an approved training program and parachuting operations procedures; (k) the certificates issued by the organisation to trainees where applicable. Reports and records 43. (1) Each Air Operator Certificate holder shall make an adequate record of all maintenance work done, including the names of the persons doing the work. (2) The records shall be maintained for at least two years after work is done and shall include (a) manufacturer of the unit, serial number or identifying symbol of the unit, and the date of the work performed; (b) reasons for performing the work and determining airworthiness of the item either by signature or seal symbol. (3) The inspection system shall identify the means used by the Air Operator Certificate holder to approve or disapprove parachute and parachute parts. (4) The approval stamp shall be used to identify acceptable parts and materials and to identify repairs performed on the parachute. (5) Each Air Operator Certificate holder shall report on a form prescribed by the Authority, any recurring or serious defects, or other airworthy conditions, that he or she finds in a parachute or a part thereof. 445
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 PART V Balloon Operation Operating certificate 44. (1) No person shall operate the balloon unless that person is the holder of a valid (a) letter of authorisation from an approved aviation recreation organisation; or (b) Air operator certificate issued in terms of the Civil Aviation Air Operator Certificate Regulations. (2) An applicant for an aviation operator certificate using a balloon must ensure that each balloon used for the operation is airworthy. (3) The applicable provisions relating to operations of aircraft set out in the Civil Aviation (Aircraft Operations) Regulations shall apply with the necessary changes to free balloons operated in terms of this Part. Application for operating certificate 45. An application for an operating certificate shall be made to the Authority in the appropriate form set out in the Schedule and shall be accompanied by the appropriate fee as set out in the Schedule. Period of validity of operating certificate 46. (1) An operating certificate shall be valid for such period as may be determined by the Authority 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, the existing operating certificate shall, notwithstanding the provisions of subsection (1), remain in force until such holder is notified by the Authority of the result of the application for the issuing of a new operating certificate. Safety inspections and audits 47. (1) An applicant of an operating certificate shall permit an authorised officer, inspector or authorised person to carry out such 446
S.I. 48 of 2018 safety inspections and audits which may be necessary to verify the validity of an application made in terms of section 45. (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. (3) The fees associated with such approvals and other relevant fees are as stipulated in the Schedule. Duties of holder of operating certificate 48. The holder of an operating certificate shall (a) notify the Authority before any change is effected to the particulars of the operating certificate; and (b) keep the operating certificate in a safe place; and (c) produce such operating certificate to an authorised officer, inspector or authorised person for inspection if so requested by such officer, inspector or person. Register of operating certificates 49. (1) The Authority 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 is issued; (e) particulars of the category of balloons for which the operating certificate was issued; and (f) the date on which the operating certificate was issued. 447
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (3) The particulars referred to in subsection (2) shall be recorded in the register within 30 days from the date on which the operating certificate was issued. Establishment of procedures 50. The operator of a commercial air transport free balloon shall (a) establish procedures and instructions, for each balloon type, containing ground personnel and flight crew member s duties for all types of operations on the ground and in flight; and (b) establish a checklist system to be used by flight deck crew members for all phases of operation under normal, abnormal and emergency conditions, to ensure that the operating procedures in the operations manual are followed. Operational control and supervision 51. The operator of a commercial air transport free balloon shall exercise operational control and establish and maintain an approved method of supervision of flight operations. Competence of operations personnel 52. The operator of a commercial air transport free balloon shall ensure that all personnel assigned to or directly involved in ground and flight operations (a) are properly instructed; and (b) have demonstrated their abilities in their particular duties; and (c) are aware of their responsibilities and the relationship of such duties to the operation as a whole. Intoxication 53. (1) No person shall enter or be allowed to enter a free balloon while under the influence of alcohol or a drug having a narcotic effect, to the extent where the safety of such balloon or its occupants is, or is likely to be, endangered. 448
S.I. 48 of 2018 (2) The operator shall establish procedures to ensure that any person referred to in subsection (1) is (a) refused embarkation; or (b) if such person is on board, restrained or disembarked. Dry lease-in of free balloons 54. (1) An operator who intends to dry lease-in a free balloon for commercial air transport purposes, shall (a) ensure that such balloon can be operated and is operated in accordance with the requirements prescribed in this Part; and (b) obtain prior approval from the Authority to operate such balloon. (2) The approval referred to in subsection (1)(b) shall, subject to such conditions as the Authority may determine, be granted if such balloon is (a) maintained in accordance with a balloon maintenance schedule approved by the Authority; and (b) operated under the operating certificate held by the operator referred to in subsection (1). (3) The conditions of approval referred to in subsection (2) shall be part of the lease agreement between the operator referred to in subsection (1) and the person from which the free balloon is leased. Wet lease-in of free balloons 55. (1) An operator who intends to wet lease-in a foreign registered free balloon for commercial air transport purposes shall, subject to such conditions as the Authority may determine, obtain prior approval from the Authority to operate such balloon. (2)The duration of the lease agreement concerned shall be limited to a maximum period of six calendar months in one year unless the approval is renewed by the Authority. (3) The approval referred to in subsection (1) shall, be granted if such balloon 449
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (a) is wet leased-in from an operator who is the holder of an operating certificate or similar document issued by an appropriate authority; (b) has been type certificated by a competent authority; (c) holds a valid certificate of airworthiness or similar document issued by such competent authority; (d) is maintained and operated in accordance with safety standards at least equivalent to the safety standards referred to in this Part; and (e) will be operated in terms of the operating certificate or similar document held by the operator referred to in paragraph (a). (4) The operator referred to in subsection (1) shall (a) satisfy the Authority that the safety standards of the lessor are not less than the safety standards referred to in this Part; and (b) ensure that any law applicable to the balloon to be wet leased-in, the maintenance or operation thereof, is complied with. (5) The total number of wet leased-in free balloons shall be such that an operator referred to in subsection (1) will not be predominantly dependent on foreign registered free balloons. (6) The conditions of approval referred to in subsection (1) shall be part of the lease agreement between the operator referred to in subsection (1) and the operator from which the foreign registered free balloon is leased. Dry lease-out of free balloons 56. (1) Subject to the provisions of subsection (2), the operator of a Zimbabwean registered balloon may dry lease-out the balloon to any operator in a Contracting State. (2) On request of the operator of a Zimbabwean registered free balloon, the Authority may exempt the operator from the applicable provisions of this Part and remove the balloon from the operating certificate held by such operator provided that 450
S.I. 48 of 2018 (a) the appropriate authority of the state of operator to which such balloon is dry leased has accepted, in writing, responsibility for surveillance of the maintenance and operation of such balloon; and (b) such balloon is maintained according to an approved maintenance programme. Wet lease-out of free balloons 57. The operator of a Zimbabwe registered free balloon who intends to wet lease-out the balloon to any operator, other than an operator of a contracting State, shall remain the operator of the balloon for purposes of responsibility for surveillance of the maintenance and operation of such balloon. Leasing of a free balloon between two Zimbabwean operators 58. (1) A Zimbabwean operator who intends to wet lease-out a free balloon to another Zimbabwean operator, shall remain the operator of the balloon and shall retain the functions and responsibilities surveillance of the maintenance and operation of the balloon. (2) A Zimbabwean operator, who intends to utilise a free balloon leased from, or to lease it to another Zimbabwean operator, shall obtain prior approval from the Authority for the operation. (3)The conditions of approval referred to in subsection (2) shall be part of the lease agreement between the operators. Preservation of documents 59. The operator of a commercial air transport balloon who is required to retain any of the documents for the specified period referred to in section 63, shall retain such documents for such specified period irrespective of the fact that such operator, before the expiry of such specified period, ceases to be the owner or possessor of the balloon concerned. Composition of flight crew 60. (1) A minimum of one flight crew member shall be required for the operation of a commercial air transport balloon. 451
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (2) The operator shall ensure that the flight crew member (a) is competent to perform the duties assigned to them; and (b) holds the appropriate valid licences and ratings. (3) The flight crew member shall hold a valid radiotelephony operator licence or an equivalent document issued by the Authority, authorising such member to operate the type of radio transmitting equipment to be used. (4) The operator shall designate a Pilot-In-Command for the operation of the balloon. Flight crew member emergency duties 61. (1) A Pilot-In-Command and operator of a balloon operation shall perform the necessary duties in an emergency or a situation requiring emergency evacuation. (2) The functions referred to in subsection(1) shall be such as to ensure that any reasonably anticipated emergency can be adequately dealt with and shall take into consideration the possible incapacitation of individual flight crew members. (3) A flight crew member shall not accept an assignment of emergency functions unless such flight crew member has been trained to perform emergency functions in accordance with the requirements prescribed in the emergency in the operators procedures. Flight time and duty periods 62. Flight crew members shall (a) not work more than seven consecutive days between days off; (b) have two consecutive days off in any consecutive fourteen days; (c) have a minimum of six days off in any consecutive four weeks; (d) have an average of at least eight days off in each consecutive four week period, averaged over three such periods. 452
S.I. 48 of 2018 Documents to be retained on ground 63. (1) The operator of a commercial air transport free balloon shall ensure that the following documents, if applicable, shall be retained for a period of at least 90 days (a) load sheet; and (b) the passenger list; and (c) the special loads notification. Operations manual 64. (1) The operator of a commercial air transport free balloon shall draw up an operations manual containing all the information required under this Part and setting out the manner in which such operator will operate the air service for which such operator is licensed in terms of the Air service permit. (2) The operator shall submit the operations manual in duplicate to the Authority for approval. (3) If the Authority is satisfied that the operator (a) will comply with the provisions of these regulations; and (b) will not operate the air service concerned contrary to any provision of the Act and the air service permit; the Authority 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 at all times operate the commercial air transport balloon in accordance with the approved operations manual or an approved amendment thereto. (5) 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; 453
Civil Aviation (Balloon and Parachute Operations) Regulations, 2018 (c) ensure 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; (d) make the operations manual available for the use and guidance of operations personnel; (e) keep the operations manual up to date; and (f) keep the operations manual in a safe place. Balloon operating manual 65. (1) The operator of a commercial air transport free balloon shall make use of, and make available a balloon operating manual for use by the flight crew members in such operator s employ. (2) The manual shall contain the normal, abnormal and emergency procedures relating to the balloon. (3) The operator shall provide each flight crew member with a copy of those parts of the balloon operating manual, which are relevant to the operational duties assigned to such flight crew member. (4) The operator shall ensure that the balloon operating manual is provided in a hard copy or in an approved electronic format. Balloon flight manual 66. (1)The operator of a commercial air transport free balloon shall keep a current approved balloon flight manual for each balloon of which he or she is the operator. (2) The balloon flight manual referred to in subsection (1) may be included in the balloon operating manual. Flight time and duty period records 67. (1) The operator of a commercial air transport free balloon shall (a) maintain current flight time and duty period records of all flight crew members in such operator s employ; and (b) retain the flight time and duty period records for a period of 12 calendar months calculated from the date of the last flight of each flight crew member. 454
S.I. 48 of 2018 (2) A flight crew member in the part-time employ of an operator shall maintain his or her own flight time and duty period records and shall provide copies thereof to the operator to enable such operator to ensure that such flight crew member does not exceed the limits prescribed in the flight time and duty scheme of the operator. Records of emergency and equipment 68. (1) The operator of a commercial air transport free balloon shall (a) compile a list of all the emergency equipment to be carried in the balloon; and (b) have the list referred to in paragraph (a) available at all times for immediate communication to rescue co-ordination centres. (2) The emergency equipment list shall be included in the operations manual. Flight crew member training records 69. (1) The operator of a commercial air transport free balloon shall maintain the records of all training and proficiency checks undertaken by the flight crew members in such operator s employ, and such records shall incorporate certificates indicating the successful completion of such training and proficiency checks. (2) The operator shall retain the record of each flight deck crew member for a period of at least three years and the record of all other flight crew members for a period of at least 12 months from the date on which the flight crew member concerned has left the employ of such operator. (3) The certificates referred to in subsection (1) shall be made available by the operator to the flight crew member concerned on request. Load sheet 70. (1) The operator of a commercial air transport free balloon registered or operated in Zimbabwe shall complete a load sheet. 455