GOVERNMENT GAZETTE OF THE REPUBLIC N$1.70 WINDHOEK OF NAMIBIA - 2] August ]997 No. ] 658 CONTENTS GENERAL NOTICE No. 239 Proposed Civil Aviation Regulations: Part] 02 - Rules of the Air and General Operating Rules: Operation of Free Balloons and Airships ..................... General Notice MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION No. 239 ]997 PROPOSED CIVIL AVIATION REGULATIONS: PART] 02 - RULES OF THE AIR AND GENERAL OPERATING RULES: OPERATION OF FREE BALLOONS AND AIRSHIPS 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 . '" - 2 Government Gazette 21 Au ust 1997 No. 1658 aviation by ensuring that the Namibian legislation complies with the minimum standards prescribed by the International Civil Aviation Organization. Part of the short-term legislative reform involves the updating of the regulations made under the Aviation Act, 1962 (Act 74 of 1962). 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 Schedule 1. All the definitions for the proposed civil aviation regulations will be contained and published in Part I. 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 free balloons and airships 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 Free Balloons and Airships set out in Schedule 3. The proposed regulations represent Part 102 of the proposed structure. The proposed regulations on the Operation of Free Balloons and Airships make provision for certain information to be contained in a document called Document NA-CATS-OPS 102. 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 free balloons and airships. - . '" No. 1658 Government Gazette 21 Au ust 1997 Comments or representations should be lodged in writing and should reach the Ministry not later than 90 days from the date of publication Correspondence should be addressed to: of this notice. 3 The Director: Civil Aviation Ministry of Works, Transport and Communication Department of Transport Private Bag 12003 WINDHOEK 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 Free Balloons and Airships and if necessary, a workshop will be held to finalise the proposed regulations - - . I", 4 Government Gazette 21 August 1997 No. 1658 NAMIBIAN SCHEDULE 1 CIVIL AVIATION REGULATIONS STRUCTURE DEFINITIONS CERTIFICATED AIRCRAFT OPERATORS AND OTHER FLIGHT OPERATIONS Part 1 Definitions Part 121 Part 127 Part 133 Part 135 Part 137 Part 138 Air transport operations - large aeroplanes Air transport operations - helicopter Helicopters external load operations Air transport operations - small aeroplanes Agricultural aircraft operations Emergency medical services 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 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 AND HELIPORTS AERODROMES Part Part Part Part 61 63 64 65 Part 66 Part 67 Pilot licensing Flight engineer licensing Cabin crew licensing Air traffic service personnel licensing Aircraft maintenance engineer licensing Medical requirements Part 139 Part 139 Licensing General standards SERVICES AIR TRAFFIC Part 172 Airspace and air traffic services AND 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 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 - '" . No. 1658 Government Gazette 21 Au ust 1997 5 SCHEDULE 2 Definitions In these regulations, unless the context otherwise indicates - "balloon" means a non-power-driven lighter-than-air aircraft, and for the purpose of Part 102, includes an airship; "controlled airspace" means an airspace of defined dimensions within which an air traffic control service is provided to IFR flights and to VFR flights in accordance with the airspace classification as prescribed in regulation 172.02.2; "day" means the period between the end of morning civil twilight and the beginning of evening civil twilight; "Document NA-CATS-OPS 102" means a document on the Namibian Civil Aviation Technical Standards relating to Operation of Free Balloons and Airships r which is published by the Director in terms of the Act. . I" 6 Government Gazette 21 Au ust 1997 No. 1658 SCHEDULE 3 LIST OF REGULATIONS SUBPART 1 : GENERAL PROVISIONS 102.01.1 102.01.2 Applicability Pilot qualifications SUBPART 2 : OPERATING RULES 102.02.1 102.02.2 102.02.3 102.02.4 102.02.5 Airworthiness Registration Flight manual Maintenance and inspection requirements Equipment SUBPART 3 : FLIGHT RULES 102.03. I 102.03.2 102.03.3 Hazardous operations Flights in controlled airspace Flight criteria '" . No. 1658 Government Gazette 2] Au ust ] 997 7 SUBPART GENERAL 1 PROVISIONS Applicability 102.01.1 This Part shall apply to free balloons 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 102.01.2 person - No person shall act as pilot-in-command of a free balloon unless such (a) is the holder of a valid free balloon pilot licence or airship pilot licence, as the case may be, issued in terms of Part 6]; (b) is the holder of a valid class 4 medical certificate issued in terms of Part 67; (c) complies with the privileges and limitations of a free balloon pilot licence or airship pilot licence, as the case may be; . I" 8 Government Gazette 2] Au ust 1997 No. 1658 (d) complies with the competency requirements prescribed for the holder of a free balloon pilot licence or airship pilot licence, as the case may be; and (e) is a bona fide member of an aviation recreation organisation approved by the Director in terms of Part 149. /~ - . '" No. 1658 Government Gazette 21 August 1997 9 SUBPART 2 OPERATING RULES Airworthiness 102.02.1 No person shall operate a free balloon unless such free balloon - (a) has been issued with a special flight permit in terms of Part 21; and (b) is in an airworthy condition. Registration 102.02.2 No person shall operate a free balloon unless it is registered and marked in accordance with, and complies with, the provisions of Part 47. Flight manual 102.02.3 Notwithstanding the provisions of regulation 91.03.2, a person may operate a free balloon without carrying a current approved flight manual. Maintenance and inspection requirements 102.02.4 (1) The pilot-in-command of a free balloon shall ensure that the free balloon is in an airworthy condition before the commencement of each flight. (2) The owner of a free balloon shall - . '" 10 Government Gazette 21 August 1997 No. 1658 (a) take such action as is necessary to ensure the continued airworthiness of the free balloon concerned; and (b) maintain the free balloon In accordance with the provisions of Part 43. Equipment 102.02.5 No owner or pilot-in-command of a free balloon shall operate such free balloon unless it is equipped with the equipment as prescribed in Document NA-CATS-OPS 102. - . '" No. 1658 SUBPART 3 Government Gazette 21 August 1997 11 FLIGHT RULES Hazardous operations 102.03.1 No person shall - (a) operate any free balloon in a manner that creates, or is likely to create, a hazard to other persons or property; ~ (b) and allow any object or substance to be dropped or dispensed from a free balloon if such action creates, or is likely to create, a hazard to other persons or property. Flights in controlled airspace 102.03.2 No free balloon shall be flown within controlled airspace, unless - (a) it carries radio communication maintaining two-way equipment capable of with the communication . (b) responsible air traffic service unit; prior permission to enter the controlled airspace has been obtained from the responsible air traffic service unit; and (c) two-way radio communication and a continuous radio watch is maintained while the balloon is flown within the controlled airspace. . I" 12 Flight criteria Government Gazette 21 Au ust 1997 No. 1658 102.03.3 (1) All free balloon operations shall be conducted - (a) by day; (b) in meteorological conditions equal to or better than those prescribed as suitable for VFR flight and a surface wind not exceeding 10 knots; and (c) beneath any cloud ceiling. (2) No free balloon operation shall be conducted - (a) over any congested area ofa city, town or settlement; or (b) less than 3 nautical miles from the boundary of an aerodrome licensed in terms of Part 139. - .... '" .