Industry meeting 31 March 2015 The utilization of Non Type Certified Aircraft (NTCA) in South Africa Thabo Fisha SACAA Acting General Manager ASO
WELCOME SACAA would like to take this opportunity to welcome everybody present. Today s focus is to address issues and questions regarding Non Type Certified aircraft. The SACAA will do its best to explain and answer most of the questions and issues pertaining to the matter We kindly request that all questions be held until the end of the presentation.
Non type certificate holders using their aircraft for training and/or commercial gain Historically NTCA comprised of a very small portion of aviation in Southern Africa, this segment has however grown exponentially, and has become a fully-fledged industry in its own right. Aviation is currently faced with numerous threats in the form of economic challenges and growing costs on a worldwide basis Whilst many areas of aviation have witnessed massive declines in growth, NTCA has to a certain extent done the opposite. NTCA has always provided an avenue for technological advancements Today the NTCA industry offers more opportunities than ever before and has the potential to promote a healthy aviation industry It is therefore our duty to protect and encourage the continuous growth and development of NTCA, which may in turn encourage new business opportunities, skills development and job creation.
Non type certificate holders using their aircraft for training and/or commercial gain, continued In the extreme, we find: Micro light s, gyroplanes, gliders, light sport aircraft, home built experimental aircraft that may be of one s own design off a plan or from a kit, production build or assembled aircraft, the restoration and preservation of historical vintage and veteran aircraft, hot air balloons or airship s, war-birds and finally older certified aircraft that are restored and kept flying through NTCA programs to preserve the heritage of many older aircraft that no longer meet today s certification standards. All these aircraft are commonly referred to as NTCA or experimental aircraft, but it must be pointed out that there are a different array of requirements which would apply in terms of piloting and maintenance.
Non type certificate holders using their aircraft for training and/or commercial gain, continued Even though the majority of NTCA are built or restored to use for sport and recreational purposes, many of these aircraft are being used for pilot training, scenic flights and entry level commercial operations. In order to promote and manage safety it is in these areas where the application of stricter rules apply in terms of airworthiness and maintenance. It must however be pointed out that an experimental aircraft designed and constructed in an enthusiasts garage or hangar, may not meet or be required to subscribe to the same rules as production/type certified aircraft.
Challenges that are experienced in the NTCA environment Challenges to aviation are numerous and often more so to NTCA, however the whole purpose of NTCA is to allow for simplified and more cost efficient methods of building or restoring, maintaining and flying an assortment of aircraft - be it for recreation or commercial operations. Whilst it is understood and agreed that safety standards are paramount, this requires a pragmatic approach with practical and sensible regulations and standards. In a large number of cases, the regulations are misinterpreted and the basic rules not followed. This happened from both the industry side and in recent years from SACAA s side.
Safety Safety matters will be focused on the man and the training standards, and more on compliance of basic regulations with regards to NTCA. This will create a positive effect on compliance and safety, which in turn will impact positively on economic factors..
Industry growth of NTCA It is fairly clear that we all have an obligation to support and encourage growth and development in our industry and our country, whilst promoting safety simultaneously. This means that if NTCA provides the potential to become one of the largest growth areas in aviation, we have a duty to ensure its wellbeing. As NTCA are often more Fuel efficient and economically viable than its certified counterparts, it will ensure a healthy growth and sustainable industry. NTCA could provide a platform as a feeder mechanism to the larger industry. We are all aware that there are shortages of various skills in aviation worldwide.
Potential growth in specialized skills (Job Creation) NTCA can provide for many growth areas in skills development and job creation such as engineering, specialized technical skills, design, repair and maintenance personnel, manufacturing, administration, pilots and instructor s, who in turn will often progress and feed into the larger certified environment. NTCA also provides ambassadors in sport and competition locally and internationally. NTC aircraft can be used safely and economically in numerous roles to support other industries and commercial non-passenger operations in the areas of nature conservation, anti-poaching, security, community policing, aerial surveys and photography, firefighting, agriculture, research and humanitarian roles. NTC aircraft can further be used in the flight training environment and even the recreational flipping arena, which in turn presents an enormous tourism potential. All these areas of commercial operations require support roles which creates further skills and jobs.
International research (International best Practice) During the last couple of months SACAA has been doing a lot of research, both in the industry in South Africa and Internationally. The countries with the most similar aviation conditions and the vast spaces similar to that found in South Africa is Australia and New Zealand. Australia CASA training New Zealand ICAO AFM ICAO Night Instruments Annex 6 Part1 ICAO Night instruments Annex6 Part2
All aircraft in South Africa that is manufactured or imported that does not qualify for the issue of a certificate of airworthiness in terms of Part 21 has become a big part of aviation and is very important to the growth and future of the industry. These Aircraft are called NTCA These aircraft are currently split into the following segments: (a) Amateur-built aircraft; (b) Production-built aircraft; (c) Veteran aircraft; (d) Ex-military aircraft; (e) Any other aircraft not qualifying, or no longer qualifying for the issue of a certificate of in terms of Part 21 of these Regulations.
Matrix Category Operating rules (Limitations) Type of Operation Amateur-built Aircraft As per AFM As Per ATF (Authority to fly) No hire/reward Private use only Warning on instrument panel for pasengers Day/VFR Flight Training Part 61 Part 62 Owner training for purpose of (National Pilots Licence) Conversion Training only Production-built Aircraft Ex-military Aircraft AS per AFM As Per ATF (Authority to fly) Hire & fly (under Part 141) Flight Training (Under Part 141) Commercial use (Cropsparaying; Surveying) Warning on instrument panel for pasengers As Per ATF (Authority to fly) Flipping (Under AOC Part 135) Warning on instrument panel for pasengers Day/night***/VFR Day/VFR Ab-initio training Convertions to type Hour building Night Rating *** Owner training only (Conversion Training) National Pilots Licence None Veteran Aircraft As Per ATF (Authority to fly) Flipping Warning on instrument panel for pasengers Day/night***/VFR Owner training only (case by case Ab-initio) & Conversion Training Owner training only (National Pilots Licence) Conversion training Any other aircraft not qualifying, or no longer qualifying for the issue of a certificate of airworthyness in terms of Part 21 of these regulations *** Aircraft complies with all the nesccesary Instrumentation and AFM is approved for night flight, and is handled on a case by case basis by Part 141 Flight
Proposed changes (1) Amateur-built aircraft; (2) Production-built aircraft; (a)lsa (Light Sport Aircraft (b)vla / VLR (Very Light Aircraft / Rotorcraft (c) Microlights ( 450 Kg MAUW) (c) Veteran aircraft; (d) Ex-military aircraft; (e) Any other aircraft not qualifying, or no longer qualifying for the issue of a certificate of airworthiness in terms of Part 21 of these Regulations. (e) Exhibition: Aircraft used for sole purpose of aerobatics and display flying
Amateur Built Aircraft Amateur built aircraft is defined as an aircraft of which the majority thereof is built by an amateur, or a non-profit association of amateurs, for their own purposes and without any commercial objective. Production-built / Factory built NTCA Where the aircraft is a production-built aircraft which has not been previously issued with an authority to fly or similar certificate by an appropriate authority, it was manufactured or assembled by a facility designated by the Director in terms of regulation 24.03.1. An application for the approval of a manufacturing or assembling facility shall meet those provisions of Part 148, which the Director considers to be applicable.
So What is my NTCA allowed to do? Question to ask yourself include: 1.) What does my POH / AFM (Authorized Flight manual) allow? *If your AFM states DAY VFR ONLY You can only fly in VMC by day ONLY *If your AFM States Day/Night VFR You can fly by day and night in VMC ICAO ANNEX1 AFM CAR 91.03.2 2.) What does my engine manual allow? Example: Rotax 912 series (Un-certified): No aerobatics/ inverted flight Day VFR Only unless the engine is compliant with relevant ASTM for night operation.
Remember Your AFM (Authorised Flight Manual) must be adhered to and operation of your aircraft must always be in accordance thereof CAR 91.03.2 Next step What does my ATF (Authority to fly) allow? Only valid for flight in South African Airspace Unless Authorised by applicable State authority Car 24.02.7
Date of issue : TODAY CAR24L SOUTH AFRICAN CIVIL AVIATION AUTHORITY REPUBLIC OF SOUTH AFRICA AUTHORITY TO FLY CERTIFICATE NO : J15/ZU-ABC 1. Nationality and registration marks ZU-ABC 2. Manufacturer and manufacturer designation of aircraft MANUFACTURER TYPE 3. Aircraft serial number 1234 4. Categories : COMMERCIAL 5. This aircraft does not meet with the comprehensive requirements of the International Civil Aviation, dated 7 December 1944. The authority to fly is issued in terms of the Aviation Act, 1962 (Act 74 of 1962), as amended, and the Civil Aviation Regulations, 2011, in respect of the above-mentioned aircraft which is considered to be airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations, and airworthiness code as provided by Part 24 and Part 96 of the Civil Aviation Regulations, 2011. 6. Special conditions : SEE REVERSE SIDE 7. Expiry Date : ANNUALLY Date of issue : TODAY... DIRECTOR OF CIVIL AVIATION SOUTH AFRICAN CIVIL AVIATION AUTHORITY REPUBLIC OF SOUTH AFRICA CAR24L AUTHORITY TO FLY CERTIFICATE NO : J15/ ZUABC 1. Nationality and registration marks 2. Manufacturer and manufacturer designation of aircraft MANUFACTURER 3. Aircraft serial number ZU-ABC TYPE 1234 4. Categories : COMMERCIAL 5. This aircraft does not meet the comprehensive requirements of the International Civil Aviation, dated 7 December 1944.The authority to fly is issued in terms of the Aviation Act, 1962 (Act 74 of 1962), as amended, and the Civil Aviation Regulations, 2011, in respect of the above-mentioned aircraft which is considered to be airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations, and airworthiness code as provided by Part 24 and Part 96 of the Civil Aviation Regulations, 2011. 6. Special conditions : SEE REVERSE SIDE 7. Expiry Date : ANNUALLY
SPECIAL CONDITIONS OF AUTHORITY TO FLY 1 This aircraft is restricted to the Air Service Licensing Act of 1990 and the Air Operators Certificate issued for commercial operations. 2 No person may operate the aircraft described : (i) except in accordance with the applicable Regulations and in accordance with the conditions and limitations which may be prescribed by the Commissioner as part of the Certificate; (ii) over any foreign country without the special permission of the authority of that country; (iii) except in terms of the Part 96 Operations Manual; (iv) except in terms of Part 94 when not engage in commercial activity; (v) if the ownership is changed; (vi) if the aircraft was involved in an incident or accident. SPECIAL CONDITIONS OF AUTHORITY TO FLY 1 This aircraft is restricted to the Air Service Licensing Act of 1990 and the Air Operators Certificate issued for commercial operations. 2 No person may operate the aircraft described : (i) except in accordance with the applicable Regulations and in accordance with the conditions and limitations which may be prescribed by the Commissioner as part of the Certificate; (ii) over any foreign country without the special permission of the authority of that country; (iii) except in terms of the Part 96 Operations Manual; (iv) except in terms of Part 94 when not engage in commercial activity; (v) if the ownership is changed; (vi) if the aircraft was involved in an accident or incident.
What if my AFM (Approved Flight Manual) Says Day VFR Only BUT My ATF (Authority to Fly) Says operation day and night. Can I fly at night? The answer is NO. Aircraft flight manual 91.03.2 (1) The owner or operator of an aircraft shall keep an approved AFM for each aircraft of which he or she is the owner or operator and shall keep such manual current with amendments and implement changes issued by an appropriate authority. (2) The flight crew members of the aircraft shall, on each flight, (3) operate such aircraft in accordance with the AFM, (4) unless an unforeseen emergency dictates otherwise.
Avionics/ Instrumentation required for Night/ IF flight To comply with ICAO annex 6 changes will be implemented to SACARS Part 91 for instrumentation required for night flight. ICAO Annex 6 part 1 (2.4.7) ICAO Annex 6 part 2 (6.9)
Amateur built Aircraft: Amateur Built aircraft world wide is seen as recreational, and shall not be permitted to do any Part 61 (PPL - ATPL) training flights. Only conversion onto aircraft will be allowed for the registered owner ONLY. Amateur Built Aircraft are allowed to do private VFR flights by day ONLY.
Training under Part 141 Approved Factory Built/ Production Built Non Type Certified Aircraft If your aircraft has been issued with an Flight training authority to fly does not mean that you can just take it anywhere and do training on it. The Aviation Training Organization (ATO) must fill in an Application form CA141-27 (APPLICATION FOR INCLUSION OF AIRCRAFT ON ATO/AOC). Attach the following documentation: 1. Radio License 2. Certificate of Registration 3. Authority to fly (Training authority to fly) 4. Certificate of Release 5. Lease Agreement 6. Insurance cover (R1m per seat and full third party) This will incur a fee per aircraft added on the School s OPSPEC.
Accidents
Totals Accidents 2014 NTCA vs Certified Accidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total All Accidents 5 15 12 12 4 7 10 10 75 NTCA 3 7 5 7 1 5 5 3 36 Non NTCA 2 8 7 5 3 2 5 7 39 9 8 7 6 NTCA vs Non NTCA 5 4 3 2 1 0 Jan Feb Mar Apr May Jun Jul Aug NTCA 3 7 5 7 1 5 5 3 Non NTCA 2 8 7 5 3 2 5 7
Conclusion In conclusion NTCA has an enormous role to play in the future growth, stability and sustainability of aviation in Southern Africa, be it for sport and recreational purposes, or commercial applications. It is our duty to recognize the benefits and importance of NTCA, to encourage, promote and nurture its continued development and sustainability and ensure a healthy industry into the future.