DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR SA AVIATION

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1 DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR SA AVIATION National Safety Seminar PRESENTATION BY Zakhele Thwala DDG Civil Aviation DOT

2 Introduction 2 Civil Aviation serves as a major catalyst for global economic activity. Vital to ensure South Africa s effective participation in the provision of orderly, safe and secure air transport services to maximise economic and social benefits. Policy review needed due to fundamental change in global aero-political environment; including liberalisation of air services and its impact on aviation safety and security oversight.

3 Introduction (continued) 3 The draft White Paper on National Civil Aviation Policy addresses: Aviation safety and security, Institutional arrangements; Aviation infrastructure; Air transport; General aviation; Unmanned aircraft systems, Aircraft operations and the environment; Human resource development & training; and Research and development.

4 Strategic Policy Objectives 4 To promote and enhance civil aviation safety, security and environmental compliance in all spheres of the civil aviation industry; Promote national interest of South Africa and facilitate the expansion of trade and tourism; Promote development of efficient, productive aviation industry, capable of competing both domestically and internationally;

5 5 Strategic Policy Objectives (continued) Ensure civil aviation contributes meaningfully to the development of human resources, meeting basic needs and broadening all South African citizens' participation in the economy; Maintain appropriate, cost-effective regulatory framework, ensuring safe, secure, environmentally friendly and reliable air services, capable of responding to changing circumstances; Facilitate the application of free-market principles, relevant to economic decisions in all industries, with a view to maximising consumer choice and satisfying consumer's needs

6 6 Strategic Policy Objectives (continued) Transform the aviation industry by broadening economic participation in the provision of aviation-related services; and Provide for adequate consultative forums in well-defined communication systems.

7 Policy Processes 7 The policy after approval will follow the normal process as prescribed. White paper Green paper Act Regulations and Approval.

8 8 Aviation Safety and Security Oversight Compliance with Chicago Convention required. Signatories to the Chicago Convention obliged to adhere to aviation safety and security standards and to endeavor to implement safety recommendations. 32nd Session of the Assembly of ICAO directed Council to establish the ICAO Universal Safety Oversight Audit Programme (USOAP).

9 Aviation Safety and Security 9 Oversight (continued) USOAP provides for regular, mandatory, systematic and harmonized safety audits to be carried out by ICAO - Applicable to all Contracting States, Greater transparency and increased disclosure implemented in the release of audit results. July 2007, ICAO audited South Africa s aviation safety oversight system, and an appropriate corrective action plan was adopted to address areas of concern.

10 Aviation Safety and Security 10 Oversight (continued) South Africa has agreed to full disclosure of the ICAO Safety Audit and corrective actions taken. In 2011, the USOAP evolved from a programme performing periodic audits to a new approach based on the concept of continuous monitoring (CMA). In July 2013, South Africa was subjected to an ICAO Coordinated Validation Mission (ICVM) official report awaited, but feedback to date is positive.

11 White Paper on Civil Aviation 11 POLICY STATEMENTS

12 1. Aviation Safety and Security Oversight 12 Aviation safety and security of paramount importance and should be enhanced as far as possible. National Government to retain overall regulatory accountability to ensure unbiased regulation of aviation safety and security, aligned with ICAO SARPS. SACAA shall remain the designated authority for purposes of conducting safety and security oversight of civil aviation in the Republic.

13 13 2. Oversight of Visiting Foreign Registered Aircraft In accordance with ICAO SARPS, States are required to perform oversight of visiting foreign registered aircraft. It is critical that a State has the ability to oversee the safety and security of foreign registered aircraft when these aircraft fly into its airspace. SACAA is the designated authority to conduct safety and security oversight of foreign registered aircraft flying to, from SA and ensuring these operations comply with SA legislation.

14 3. Regional Cooperation 14 Not all States have equal access to resources - ICAO established the AFI Comprehensive Implementation Programme (ACIP) to support implementation AFI Plan and all other programmes. Policy Statements on Aviation Regional cooperation with respect to Safety and Security Oversight: Aviation safety and security within the region are of paramount importance and should be enhanced as far as possible.

15 3. Regional Cooperation (continued) 15 National Government and should support regional programs to improve the level of aviation safety and security oversight within the region. SACAA should support regional aviation safety and security programmes and provide assistance to regional authorities for purposes of conducting safety and security oversight of civil aviation within the region. Regional cargo & mail must e enhanced in line with all other related policies

16 4. Security at Airports 16 DOT responsible for development of national civil aviation security policies, including the compilation, revision and development of the National Aviation Security Programme (NASP) in compliance with Annex 17 of the Chicago Convention. Consideration to be given to possible extension of NASP to non-designated licensed airports, to enable SACAA to address security concerns at these airports.

17 17 5. Aircraft accident and incident investigation International practice shows that accident investigation is usually done by a specialised, independent aviation accident investigation body. The costs of accident investigation is the responsibility of the Government. Function of investigating aircraft accidents and incidents was transferred to SACAA in 1998 as interim measure.

18 5. Aircraft accident and incident Investigation (continued) 18 Due to potential conflict of interest, Minister and DCA has entered into a Memorandum of Agreement, aimed at: Separating the accident and incident investigation from SACAA; Ensuring that the Accident and Incident unit reports directly to the Department of Transport. Section 4 of the Civil Aviation Act, 2009, to be amended in order to remedy the current challenges relating to its implementation.

19 5. Aircraft accident and incident 19 investigation (continued) Draft Policy states that: Current aircraft accident and incident investigation function should be fully separated from SACAA and incorporated into an independent entity, or established as an independent entity. Entity should advance safety and security by conducting independent investigations into aircraft accidents and aircraft incidents to prevent the recurrence thereof in compliance with the provisions and procedures of Annex 13 to the Chicago Convention.

20 6. Airport Licensing or Registration 20 Majority of airports in South Africa are unlicensed, but play an important role especially in respect of general aviation (GA) operations. From a safety and security perspective it is important that unlicensed airports providing access to mining operations and serving the hospitality industry (game reserves, lodges and other tourism locations) should be licensed or registered.

21 6. Airport Licensing or Registration (continued) 21 Aerodromes accommodating air services for reward (direct and indirect), should be licensed or registered to monitor their existence, operational capabilities, oversight and changes in status quo. A revised licensing and registration system is needed to record all landing facilities which are established for this purpose, and where appropriate, to regulate the standards and operations of such facilities.

22 22 6. Airport Licensing or Registration (continued) Draft Policy states that: Current airport licensing system should be reviewed and a compulsory registration system for unlicensed aerodromes be introduced as regulatory instruments for aviation safety and security. Licensing and registration system should be aligned with the NADP and the National Airspace Master Plan. All airports are required to obtain appropriate aerodrome licences or to be registered. To this end, criteria for licensing and registration would be different for different categories of airports.

23 7. Search and Rescue 23 In terms of Annex 12 of the Chicago Convention, South Africa has an obligation to provide search and rescue services within its sovereign territory and over the high seas, as assigned. It is recommended that this service must be provided by the SACAA.

24 7. Search and Rescue (continued) 24 The South African Search and Rescue Organisation (SASAR) should retain the mandate of coordinating an effective and efficient provision of maritime and aeronautical SAR services. DOT should: Lead and pursue the regional integration of SAR services within the Southern Africa region Pursue the establishment of a Joint Rescue Co-ordination Centre. Establish a safety oversight unit under SACAA to ensure the safety of SAR personnel and operations

25 8. Regional Integration 25 SA will continue to support structures responsible for the planning, implementation, monitoring and regulation of a regionally harmonised CNS/ATM system as contemplated in the ATM Operational Concept. ATNS, through the DOT, to be allowed to engage in service provision, technical and developmental assistance, and training beyond the borders of SA, subject to certain conditions. SACAA should assist with technical and developmental assistance, training and relevant support to regulators within the region without compromising its oversight function in South Africa.

26 9. General Aviation Safety and Security 26 Aviation safety and security requirements for scheduled air carriers differ from those for General Aviation (GSA) due to the nature of their operations and airports served. The current SA-CARs do not differentiate between domestic and international traffic with regard to the emergency requirements which ICAO prescribes for international airports.

27 9. GA Safety and Security (continued) 27 As the security requirements for air carriers differ from those for GA, measures prescribed for airline operations should not be applied to GA to the same extent. Security measures prescribed for GA to ensure security in aviation should be such that they recognise the role of GA and the specific environment in which it operates.

28 9. GA Safety and Security (continued) 28 The smaller airports/aerodromes used by GA are in many cases unmanned. Safety and security concerns are left to the owner of an aircraft, who has to ensure the security of the aircraft and the safety of the operation. A distinction should be drawn between aviation safety and security requirements applicable to large commercial operations and the safety and security requirements for General Aviation.

29 10. Unmanned Aircraft Systems 29 The need to regulate pilotless aircraft (currently Unmanned Aircraft Systems/Remotely Piloted Aircraft Systems ) was recognised as early as 1944, and addressed in Article 8 of the Chicago Convention - Each State must insure that such aircraft shall be so controlled as to obviate danger to civil aircraft. The operation of UAS in South Africa is currently not governed by any regulation. SACAA is a Member of the ICAO Study Group addressing all aspects of UAS operations, including their safety and security.

30 10. UAS (continued) 30 SACAA is responsible for: Integration of UAS/RPAS in national airspace; Safety and security regulation of their operations. SACAA has established the Unmanned Aircraft Systems Program Office to do ground work and facilitate the integration process. No ICAO SARPS and guidance material currently exist on UAS/RPAS Policy development currently receiving priority attention

31 10. UAS (continued) 31 Current Policy statements include the following: Civilian UAS operations must be conducted in compliance with the Chicago Convention, its relevant Annexes and applicable domestic law. Regulatory framework to be established must support the evolution of UAS whilst ensuring a sufficient level of safety and security. All civilian UAS registered in South Africa, or operated by South African entities, shall be subject to SACAA s aviation safety and security oversight, including their operators, pilots and maintenance personnel.

32 10. UAS (continued) 32 All foreign UAS operators wishing to conduct commercial aerial work in the airspace over South African territory, shall request and obtain authorisation from SACAA and security agencies prior to the commencement of such operations. SACAA to: Develop suitable guidance material to facilitate the application and evaluation of applications for UAS operations. Establish rules and specifications required for the airworthiness certification of UAS. Develop certification specifications, acceptable means of compliance and guidance material for the airworthiness and environmental compatibility of the UAS, including their crews and operations.

33 10. UAS (continued) 33 ATM procedures for UAS to be guided by the following key considerations: Individual ATS units may provide services to UAS within clearly defined geographic boundaries or within a general area. The rules pertaining to aircraft flight and to the air traffic service provided will be determined by a number of factors, including airspace categorisation, weather conditions, aircraft flight rules and type of air traffic service unit.

34 10. UAS (continued) 34 UAS operations must be transparent to ATS providers UAS pilot will be required to comply with any air traffic control instruction in the same way and within the same timeframe that the pilot of a manned aircraft would. Any new system, procedure or operation that has an impact on the safety of aerodrome operations or ATS shall be subject to a risk assessment and mitigation process to support its safe introduction and operation.

35 10. UAS (continued) 35 The current draft UAS Policy statements are currently under review and the following matters, amongst others, have been identified for further attention: Security and privacy related matters; Liability and insurance implications of UAS operations (non-commercial and commercial air services); and Air service operations for reward will require air service licences and operating certificates (AOC) in terms of the applicable air service licencing legislation.

36 11.AIRCRAFT SAFETY INTERGRITY: AVIONICS, AIRFRAME & POWERPLANT 36 Avionics: To ensure the safety of an aircraft, it is important that student pilot obtain an 80% pass with regards to avionics or instruments interpretation. Airframe: Retro fit of airframe parts is strictly controlled. The body frame of an aircraft must not be compromised. In aviation, proper procedures are prescribed to ensure the continued safety of an aircraft.

37 AIRCRAFT SAFETY INTERGRITY: 37 AVIONICS, AIRFRAME & POWERPLANT Powerplant: Proper maintenance schedules a must for the powerplant. Maintenance schedules ensure that wear and tear is monitored and replacement parts attended to without compromising the safety of an aircraft.

38 38 AIRCRAFT SAFETY INTERGRITY: AVIONICS, AIRFRAME & POWERPLANT

39 CONCLUDING THOUGHTS 39 I disagree with the notion that agencies cause accidents. Failures of people and failures of equipment cause accidents. Shifting the cause from people to agencies blurs and diffuses the individual accountability that I believe is critically important in the operation and maintenance of the transportation system.

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