Industry meeting 31 March 2015

The utilization of

Non Type Certified Aircraft (NTCA) in South Africa

Thabo Fisha

SACAA

Acting General Manager

ASO

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.

WELCOME

• 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

• 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.

Non type certificate holders using their aircraft

for training and/or commercial gain, continued

• 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.

Challenges that are experienced in the NTCA environment

• 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..

Safety

• 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.

Industry growth of NTCA

• 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.

Potential growth in specialized skills (Job Creation)

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 OperationPart 61 Part 62

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 Owner training for purpose of

Conversion Training only

(National Pilots Licence)

Production-built 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

Day/night***/VFR Ab-initio training

Convertions to type

Hour building

Night Rating ***

National Pilots Licence

Ex-military Aircraft

As Per ATF (Authority to fly)

Flipping (Under AOC Part 135)

Warning on instrument panel

for pasengers

Day/VFR Owner training only

(Conversion Training)

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 inspectors for training authority to fly.

Flight Training

(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

Proposed changes

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

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 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

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

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

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

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

0

1

2

3

4

5

6

7

8

9

Tota

ls

NTCA vs Non NTCA

Accidents 2014

NTCA vs Certified

• 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.

Conclusion