GOVERNMENT GAZETTE OF THE REPUBLIC N$1.28 WINDHOEK OF NAMIBIA - 21 August 1997 No. 1661 CONTENTS GENERAL NOTICE No. 242 Proposed Civil Aviation Regulations: Part 185 - Administration: Offences...... General Notice MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION No. 242 1997 PROPOSED CIVIL AVIATION REGULATIONS: PART 185 - ADMINISTRATION: OFFENCES 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 aviation by ensuring that the Namibian legislation complies with the minimum . '. 2 Government Gazette 21 Au ust 1997 No. 1661 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 1. The Director: Civil Aviation invites all interested parties to comment on the proposed structure of the Civil Aviation Regulations, as well as the proposed regulations on Offences set out in Schedule 2. The proposed regulations represent Part 185 of the proposed structure. Comments or representations should be lodged in writing and should reach the of this notice. Ministry not later than 90 days from the date of publication Correspondence should be addressed to: The Director: Civil Aviation Ministry of Works, Transport and Communication Department of Transport Private Bag 12003 WINDHOEK ... :""', . '" No. 1661 Attention Telephone Fax Government Gazette 21 Au ust 1997 Mr Louis Lourens 208-2159 238-884 3 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 Offences and if necessary, a workshop will be held to finalise the proposed regulations. . '" 4 Government Gazette 21 Au ust 1997 No. 1661 NAMIBIAN SCHEDULE 1 CIVIL AVIATION REGULATIONS STRUCTURE DEFINITIONS Part 1 Definitions CERTIFICATED AIRCRAFT OPERATORS AND OTHER FLIGHT OPERATIONS Part 121 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 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 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 61 63 64 65 Pilot licensing Flight engineer licensing Cabin crew licensing Air traffic service personnel licensing Aircraft maintenance engineer licensing Medical requirements ORGANISATIONS 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 139 Part 139 Licensing General standards SERVICES Part 66 Part 67 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 I 85 Part I 87 General Offences Fees I" . r No. 1661 Government Gazette 21 Au ust 1997 SCHEDULE 2 5 185.00.1 185.00.2 Offences Presumptions and evidence '" . 6 Offences Government Gazette 21 Au ust 1997 No. 1661 185.00.1 (1) Any person or organisation who - (a) hinders or obstructs an authorised officer, inspector or authorised person in the exercising of his or her powers or the performance of his or her duties; (b) when called upon by an authorised officer, inspector or authorised person to do so, refuses or fails to give his or her name and address, or gives a false name or address; (c) obstructs or impedes any other person acting in the exercising or performance of any privileges, powers or duties conferred on such other person by or under the Regulations or a technical standard; (d) makes or causes to be made, either orally or in writing - (i) any fraudulent, misleading or false statement for the purpose of obtaining certificate, permit, any licence, rating, authorisation, approval, exemption or other document in terms of the Regulations or a technical standard; (ii) any fraudulent, misleading or false entry in any logbook, record or report which is required to be kept, maintained, made or used to show compliance with any provision of the Regulations or a technical '" . standard; No. 1661 Government Gazette 21 Au ust 1997 (e) falsifies, counterfeits, alters, defaces or mutilates, or adds anything to, any licence, rating, certificate, permit, 7 approval, authorisation, exemption or other document issued in terms of the Regulations or a technical standard; (f) does or causes, or permits to be done, any act contrary to, or who fails to comply with, any provision of the Regulations or a technical standard, or a direction given or a prohibition made or a condition imposed in terms thereof; . (g) exercises a privilege granted by, or uses, any licence, rating, certificate, exemption permit, approval, authorisation, under the or other document issued Regulations or a technical standard, of which he, she or it is not the holder; (h) unless otherwise authorised in the Regulations or a technical standard, permits a licence, rating, certificate, permit, approval, authorisation, exemption or other document issued under the Regulations or a technical standard, of which he, she or it is the holder, to be used, or a privilege granted thereby, to be exercised, by any other person; (i) operates or attempts to operate any aircraft in respect of which no valid certificate of registration and valid certificate of airworthiness have been issued; . '" 8 Government Gazette 21 Au ust 1997 No. 1661 (j) commits any act, whether by interference with any flight crew member, air traffic service personnel member or aircraft maintenance engineer, by tampering with any aircraft, or any part thereof, or by disorderly conduct or otherwise, which is likely to endanger the safety of any aircraft or its occupants; (k) without the permission of an aerodrome or heliport operator, enters any place within the boundaries of a licensed aerodrome or heliport which has been closed to the public; or (1) gives false information pertaining to the investigation of any aviation accident or incident, shall be guilty of an offence. (2) Any person who is convicted of an offence in terms of subregulation (1), shall be liable to the penalties prescribed in section 19 of the Act. Presumptions and evidence 185.00.2 In criminal proceedings under the Regulations - (a) a written statement by the Director that a licence, rating, certificate, permit, approval, authorisation or exemption, as the case may be, has not been granted or issued to a specific person or organisation shall, upon the mere production thereof, be accepted as prima facie proof of '", . the facts mentioned therein; No. 1661 Government Gazette 21 Au ust 1997 (b) a copy of a licence, certificate, authorisation or exemption permit, approval, 9 shall, upon the mere production thereof, be accepted as prima facie proof of the fact that the person or organisation whose name appears as the holder of the licence, certificate, permit, approval, authorisation or exemption, as the case may be, on that copy, was the holder of the licence, certificate, permit, approval, authorisation or exemption at the time when the offence was committed; and (c) the certified extract from or a copy of any register maintained in terms of the Regulations shall, upon the mere production thereof, be accepted as primafacie proof of the facts mentioned therein. . 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