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DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR SA AVIATION National Safety Seminar PRESENTATION BY Zakhele Thwala DDG Civil Aviation DOT
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DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Jun 29, 2020

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Page 1: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

DRAFT WHITE PAPER ON CIVIL

AVIATION

CRAFTING NEW POLICY FOR

SA AVIATION

National Safety Seminar

PRESENTATION BY Zakhele Thwala

DDG Civil Aviation DOT

Page 2: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Introduction

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.

"Working together we can do more"

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Page 3: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Introduction (continued)

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.

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Page 4: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Strategic Policy Objectives

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;

"Working together we can do more"

4

Page 5: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Strategic Policy Objectives (continued)

5

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

Page 6: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Strategic Policy Objectives (continued)

6

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.

"Working together we can do more"

Page 7: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Policy Processes

The policy after approval will follow the normal

process as prescribed.

White paper

Green paper

Act

Regulations and

Approval.

"Working together we can do more"

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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).

"Working together we can do more"

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Page 9: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Aviation Safety and Security

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.

"Working together we can do more"

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Page 10: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

Aviation Safety and Security

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. "Working together we can do more"

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Page 11: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

White Paper on Civil Aviation

POLICY

STATEMENTS

"Working together we can do more"

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Page 12: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

1. Aviation Safety and Security Oversight

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. "Working together we can do more"

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Page 13: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

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.

"Working together we can do more"

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Page 14: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

3. Regional Cooperation

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.

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3. Regional Cooperation (continued)

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

"Working together we can do more"

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4. Security at Airports

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.

"Working together we can do more"

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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.

"Working together we can do more"

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5. Aircraft accident and incident Investigation (continued)

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.

"Working together we can do more"

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Page 19: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

5. Aircraft accident and incident

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.

"Working together we can do more"

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6. Airport Licensing or Registration

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.

"Working together we can do more"

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Page 21: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

6. Airport Licensing or Registration (continued)

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.

"Working together we can do more"

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Page 22: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

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.

"Working together we can do more"

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7. Search and Rescue

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.

"Working together we can do more"

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Page 24: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

7. Search and Rescue (continued)

The South African Search and Rescue Organisation

(SASAR) should retain the mandate of co-

ordinating 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

"Working together we can do more"

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Page 25: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

8. Regional Integration

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.

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9. General Aviation Safety and Security

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.

"Working together we can do more"

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Page 27: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

9. GA Safety and Security (continued)

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.

"Working together we can do more"

27

Page 28: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

9. GA Safety and Security (continued)

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.

"Working together we can do more"

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10. Unmanned Aircraft Systems

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. "Working together we can do more"

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Page 30: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

10. UAS (continued)

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

"Working together we can do more"

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Page 31: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

10. UAS (continued)

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.

"Working together we can do more"

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10. UAS (continued)

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.

"Working together we can do more"

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10. UAS (continued)

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.

"Working together we can do more"

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Page 34: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

10. UAS (continued)

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.

"Working together we can do more"

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Page 35: DRAFT WHITE PAPER ON CIVIL AVIATION CRAFTING NEW POLICY FOR … Seminars and Presentations/Draft White Pape… · 8. Regional Integration SA will continue to support structures responsible

10. UAS (continued)

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.

"Working together we can do more"

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11.AIRCRAFT SAFETY INTERGRITY: AVIONICS,

AIRFRAME & POWERPLANT

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.

"Working together we can do more"

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AIRCRAFT SAFETY INTERGRITY:

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.

"Working together we can do more"

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AIRCRAFT SAFETY INTERGRITY:

AVIONICS, AIRFRAME & POWERPLANT

"Working together we can do more"

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CONCLUDING THOUGHTS

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.

"Working together we can do more"

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