Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa

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Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
Industry meeting 31 March 2015

                  The utilization of
   Non Type Certified Aircraft (NTCA)
                   in South Africa

                        Thabo Fisha
                          SACAA
                      Acting General Manager
                               ASO
Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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 Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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 Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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 Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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.
Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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.
Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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..
Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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.
Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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.
Non Type Certified Aircraft (NTCA) - The utilization of in South Africa Industry meeting 31 March 2015 - sacaa
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                                Flight Training
                                                                                                  Part 61                        Part 62
                                           As per AFM                        Day/VFR               Owner training for purpose of (National Pilots Licence)
                                   As Per ATF (Authority to fly)                                     Conversion Training only
                                         No hire/reward
                                         Private use only
    Amateur-built Aircraft
                                   Warning on instrument panel
                                          for pasengers

                                              AS per AFM                Day/night***/VFR                 Ab-initio training          National Pilots Licence
                                     As Per ATF (Authority to fly)                                      Convertions to type
                                      Hire & fly (under Part 141)                                         Hour building
                                   Flight Training (Under Part 141)                                      Night Rating ***
   Production-built Aircraft
                                  Commercial use (Cropsparaying;
                                               Surveying)
                                    Warning on instrument panel
                                             for pasengers
                                     As Per ATF (Authority to fly)           Day/VFR                    Owner training only                   None
                                   Flipping (Under AOC Part 135)                                       (Conversion Training)
                                    Warning on instrument panel
                                             for pasengers
      Ex-military Aircraft

                                   As Per ATF (Authority to fly)        Day/night***/VFR                Owner training only           Owner training only
                                             Flipping                                                 (case by case Ab-initio)      (National Pilots Licence)
                                   Warning on instrument panel                                                   &                    Conversion training
                                          for pasengers                                                 Conversion Training
       Veteran Aircraft

     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 inspectors for training authority to fly.
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
SOUTH          AFRICAN             CIVIL          AVIATION                AUTHORITY
CAR24L
                                         REPUBLIC OF SOUTH AFRICA

AUTHORITY TO FLY                                                            CERTIFICATE NO : J15/ZU-ABC
 1.      Nationality and      2. Manufacturer and manufacturer designation of aircraft           3.    Aircraft serial
         registration                                                                                  number
         marks                                       MANUFACTURER
                                                                                                           1234
          ZU-ABC                                         TYPE

 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                                          CAR24L
                                   REPUBLIC OF SOUTH AFRICA

AUTHORITY TO FLY                                                             CERTIFICATE NO : J15/ ZUABC
 1.      Nationality and      2. Manufacturer and manufacturer designation of aircraft           3.    Aircraft serial
         registration                                                                                  number
         marks                                    MANUFACTURER

          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

     Date of issue : TODAY
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
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
                                         NTCA vs Non NTCA
                             9

                             8

                             7

                             6

                             5
            Totals

                             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.
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