GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$1.84 WINDHOEK - 12 August 1997 No.. 1633 CONTENTS Page GENERAL NOTICE No. 207 Proposed Civil Aviation Regulations: Part 106 - Rules of the air and general operating rules: Operation of Hang Gliders ............................................................. General Notice MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION No. 207 PROPOSED CIVIL AVIATION REGULATIONS: OPERATING 1997 PART 106 - RULES OF THE AIR AND GENERAL RULES: OPERATION OF HANG GLIDERS The Ministry of Works, Transport and Communication recently initiated the project to update the current Namibian aviation legislation. There are two main reasons for updating the aviation legislation, namely, the current legislation does not adequately reflect the policies of Namibia for the aviation sector and does not reflect recent developments within SADC. The project further aims to enhance the safety of civil avi~on by ensuring that the Namibian legislation complies with the minimum standards prescribed by the International Civil Aviation Organization. - 2 Government Gazette 12 August 1997 Part of the short-term legislative reform involves the updating of the regulations made under the Aviation Act, 1962 (Act 74 of 1962). No. 1633 Due to the nature and extensive range of subjects which need to be regulated, this part of the project will be executed in phases and regulations will be published accordingly. The proposed structure of the Civil Aviation Regulations is set out in Sched- ule 1. All the definitions for the proposed civil aviation regulations will be contained and published in Part 1. The definitions for each Part will however be published with each set of proposed regulations, to facilitate the interpretation thereof. The definitions associated with the proposed regulations on the operation of hang gliders are set out in Schedule 2. The Director: Civil Aviation invites all interested parties to comment on the proposed structure of the Civil Aviation Regulations, the proposed definitions associated with the proposed regulations, as well as the proposed regulations on the Operation of Hang Gliders set out in Schedule 3. The proposed regulations represent Part 106 of the proposed structure. The proposed regulations on the Operation of Hang Gliders make provision for certain information to be contained in a document called Document NA-CATS-OPS 106. The compilation of the document does not form part of this project, but it is envisaged as a document that will contain all the technical standards regarding the operation of hang gliders. Comments or representations should be lodged in writing and should reach the Ministry not later than 90 days from the date of publication of this notice. Correspondence should be addressed to: . '" No. 1633 Government Gazette 12 August 1997 The Director: Civil Aviation Ministry of Works, Transport and Communication Department of Transport Private Bag 12003 WINDHOEK 3 Attention Telephone Fax Mr Louis Lourens 208-2159 238-884 Upon expiry of the aforementioned 90 day period, all comments which have been received will be evaluated for possible incorporation into the proposed regulations on the Operation of Hang Gliders and if necessary, a workshop will be held to finalise the proposed regulations. . '" 4 Government Gazette 12 August 1997 No. 1633 NAMffiIAN SCHEDULE 1 CIVIL AVIATION REGULATIONS STRUCTURE DEFINITIONS Part 1 Definitions CERTIFICATED AIRCRAFT OPERATORS AND OTHER FLIGHT OPERATIONS PROCEDURES Part 11 Procedures for making regulations, issuing technical Standards and granting exemptions Part 12 Aviation accidents and incidents Part 13 Enforcement procedures AIRCRAFT Part 121 Air transport operations - large aeroplanes Part 127 Air transport operations - helicopter Part 133 Helicopters externa1load operations Part 135 Air transport operations - small Part 137 Part 138 aeroplanes Agricultural aircraft operations Emergency medical services operations ORGANISATIONS Part 21 Certification procedures for products and parts Part 34 Engine Emissions Part 36 Noise certification Part 43 General maintenance rules Part 47 Aircraft registration and marking PERSONNEL Part Part Part Part Part 141 145 147 148 149 Aviation training organisations Aircraft maintenance organisations Design organisations Manufacturing organisations Aviation recreation organisations AERODROMES AND HELIPORTS Part Part Part Part 61 63 64 65 Pilot licensing Flight engineer licensing Cabin crew licensing Air traffic service personnel licensing Aircraft maintenance engineer licensing Medical requirements Part 139 Licensing Part 139 General standards AIR TRAFFIC SERVICES Part 172 Airspace and air traffic services Part 66 Part 67 RULES OF THE AIR AND GENERAL OPERATING RULES Part Part Part Part Part 91 92 98 100 101 General operating and flight rules Conveyance of dangerous goods Operation of powered paragliders Operation of gyroplanes Operation of unmanned balloons, kites, rockets, pilotless and model aircraft Operation of free balloons and airships Operation of microlight aeroplanes Operation of gliders Parachuting operations Operation of hang gliders AERONAUTICAL INFORMATION AND RELATED SERVICES Part 174 Part 175 Meteorological information services Aeronautical information services ADMINISTRATION Part 102 Part Part Part Part 103 104 105 106 Part 183 Part 185 Part 187 General Offences Fees I" . No. 1633 Government Gazette 12 August 1997 SCHEDULE 2 5 Definitions In these regulations, unless the context otherwise indicates - "day" means the period between the end of morning civil twilight and the beginning of evening civil twilight; "Document NA-CATS-OPS 106" means a document on the Namibian Civil Aviation Technical Standards relating to the operation of hang gliders which is published by the Director in terms of the Act; "hang glider" means a non-power-driven heavier-than-air aircraft, deriving its lift in t1ight chiet1y from aerodynamic reactions on surfaces which remain fixed under given conditions oft1ight and which is capable of being carried, foot launched and landed safely by the energy and use of the pilot's legs, and for the purposes of Part 106, includes a paraglider; "night" means the period between the end of evening civil twilight and the beginning of morning civil twilight. . '" 6 Government Gazette 12 August 1997 SCHEDULE 3 No. 1633 LIST OF REGULATIONS SUBPART 1 : GENERAL PROVISIONS 106.01.1 106.01.2 Applicability Pilot qualifications SUBPART 2 : OPERATING RULES 106.02.1 106.02.2 106.02.3 106.02.4 106.02.5 Airworthiness Regi strati on Flight manual Maintenance Hang glider equipment SUBPART 3 : FLIGHT RULES 106.03.1 106.03.2 106.03.3 106.03.4 106.03.5 106.03.6 Right of way Flight plan Clearance from cloud and maximum altitude Minimum altitude Conditions for flight Launch sites SUBPART 4 : EQUIPMENT AND INSTRUMENTS 106.04.1 106.04.2 Equipment Helmets '" . No. 1633 Government Gazette 12 August 1997 SUBPART GENERAL 1 7 PROVISIONS Applicability 106.01.1 This Part shall apply to the operation of hang gliders and contains - (a) in addition to the provisions of Part 91, the operating and flight rules relating to such operations; and (b) the exceptions to the general operating and flight rules prescribed in Part 91. Pilot qualifications 106.01.2 Any person operating a hang glider shall - (a) be the holder of a valid hang glider or paraglider pilot licence, as the case may be, issued in terms of Part 61 ; (b) be the holder of a valid Class 4 medical certificate issued in terms of Part 67; (c) comply with the competency requirements prescribed for the holder of a hang glider or a paraglider pilot licence; (d) comply with the privileges and limitations of a hang glider or paraglider pilot licence; . I" 8 Government Gazette 12 August 1997 (e) be a bona fide member of an aviation recreation organisation approved by the Director in terms of Part 149; and No. 1633 (f) comply with the standards and procedures determined by such approved aviation recreation organisation. - . '" r No. 1633 Government Gazette 12 August 1997 SUBPART 2 OPERATING RULES 9 Airworthiness 106.02.1 No person shall operate a hang glider unless such hang glider and its suspension system - (a) comply with the airworthiness requirements determined by the body or institution designated by the Director in f'"'\ terms of Part 149; and (b) are in an airworthy condition before the commencement of each flight. Registration 106.02.2 No person may operate a hang glider unless the hang glider is - (a) registered in the identification register held by the body or institution designated by the Director in terms of Part 149; and (b) identified in accordance with the identification marks authorised by such designated body or institution. Flight manual Notwithstanding the provisions of regulation 91.03.2, a person may 106.02.3 operate a hang glider without carrying a current approved flight manual. . '.. 10 Maintenance Government Gazette 12 August 1997 No. 1633 106.02.4 Notwithstanding the provisions of regulation 91.03.7, a person may operate a hang glider if the hang glider has a warrant of fitness issued by a person who is authorised by the body or institution designated by the Director in terms of Part 149. Hang glider equipment 106.02.5 Notwithstanding the provisions of Subpart 4 of Part 91, a person may operate a hang glider if the hang glider is fitted with the equipment and instruments prescribed in regulations 106.04.1 and 106.04.2. . '. No. 1633 Government Gazette 12 August 1997 SUBPART 3 FLIGHT RULES 11 Right of way 106.03.1 Notwithstanding the provisions of regulation 91.06.7(5), a pilot of a hang glider overtaking another hang glider soaring on a ridge shall pass on the ridge side of the overtaken hang glider. Flight plan 106.03.2 Notwithstanding the provisions of regulation 91.03.4, the pilot of a hang glider may fly under VFR without submitting an air traffic service flight plan. Clearance from cloud and maximum altitude 106.03.3 Notwithstanding the provisions of regulation 91.06.21, a pilot may fly a hang glider - (a) to 500 feet vertically below cloud up to a maximum altitude of 9 500 feet AMSL in Class G airspace; or (b) to 500 feet vertically below cloud up to a maximum altitude of 9 500 feet AMSL in Class E airspace other than transponder-mandatory airspace. Minimum altitude - 106.03.4 The pilot of a hang glider may fly the hang glider below 500 feet AGL, for the purpose of ridge soaring, if such hang glider is flown in a manner that does not endanger persons or property on the ground. . '" 12 Government Gazette 12 August 1997 Conditions for flight No. 1633 106.03.5 No person shall fly a hang glider by night. Launch sites 106.03.6 Each pilot of a hang glider who is carrying out flight training or a tandem operation, shall launch the hang glider from a launch site authorised by the body or institution designated by the Director in terms of Part 149. - . '" No. 1633 Government Gazette 12 August 1997 SUBPART 4 EQUIPMENT AND INSTRUMENTS 13 Equipment 106.04.1 A person shall not operate a hang glider unless it is equipped with the equipment as prescribed in Document NA-CATS-OPS 106. Helmets 106.04.2 Each pilot and passenger of a hang glider shall wear a serviceable rigid protective helmet of a type authorised by the body or institution designated by the Director in terms of Part 149. . '"