GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$16.43 WINDHOEK - 27 August 1997 No. 1668 CONTENTS Page GENERAL NOTICE No. 248 Proposed Civil Aviation Regulations: Part 127 - Certificated Aircraft Operators and other Flight Operations: Air Transport Operations - Helicopters ....................... General Notice MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION No. 248 PROPOSED CIVIL AVIATION REGULATIONS: AIRCRAFT OPERATORS AND OTHER 1997 PART 127 - CERTIFICATED FLIGHT OPERATIONS: AIR TRANSPORT OPERATIONS - HELICOPTERS 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 stanI" -- dards prescribed by the International Civil Aviation Organization. 2 Government Gazette 27 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. 1668 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 air transport operations - helicopters 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 Air Transport Operations - Helicopters set out in Schedule 3. The proposed regulations represent Part 127 of the proposed structure. The proposed regulations on Air Transport Operations - Helicopters make provision for certain information to be contained in a document called Document NA-CATSOPS 127. 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 air transport operations - helicopters. 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. 1668 Government Gazette 27 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 Air Transport Operations - Helicopters and if necessary, a workshop will be held to finalise the proposed regulations. - - . '" 4 Government Gazette 27 August 1997 No. 1668 NAMIBIAN SCHEDULE 1 CIVIL AVIATION REGULATIONS STRUCTURE DEFINITIONS CERTIFICATED AIRCRAFT OPERATORS AND OTHER FLIGHT OPERATIONS Part 1 Definitions Part 121 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 Part 127 Part 133 Part 135 Part 137 Part 138 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. 1668 Government Gazette 27 August 1997 SCHEDULE 2 5 Definitions In these regulations, unless the context otherwise indicates - "acts of unlawful interference" means sabotage, unlawful seizure of aircraft or any other act by a person which endangers other persons, property or the aircraft; "additional cabin crew member" means a cabin crew member carried over and above the minimum number required by Subpart 2 of Part 91 ; "additional flight deck crew member" means a flight crew member carried over and above the minimum number required by Subpart 2 of Part 91 ; "aerodrome" means an aerodrome as defined in the Act, and for the purposes of Part 91 includes a heliport; "air traffic service flight plan" means specified information, relating to the f"". I intended flight of an aircraft, which is filed orally or in writing with an air traffic control unit; "airworthy" means, when used in relation to an aircraft, that the aircraft is serviceable and meets all the requirements prescribed for the issue of a certificate of airworthiness and such other requirements as have been prescribed for the continuing validity of such a certificate; "aisle" means a longitudinal passageway between seats; "all weather operations" means any take-off, en-route or landing operations in . I" 6 Government Gazette 27 August 1997 IMC and operated in accordance with IFR; No. 1668 "amphibious helicopter" means a helicopter equipped with wheels, skids, floats or other devices enabling it to land and take-off from land and the surface of water; "appropriate authority" - (a) means any institution, body or person in a State or territory which, on behalf of that State or territory carries out the pro visions of the Convention; or (b) if such Convention does not apply to a State or territory, means the institution, body or person in that State or territory which on behalf of the State or territory, performs the functions which are performed by an institution, body or person contemplated in paragraph (a), and which is recognised as such by the Commissioner; "cabin crew member" means a flight crew member, other than a flight deck crew member, licensed in terms of these regulations; ,'""" \ "child" means a passenger who has reached his or her second but not his or her twelfth birthday; "cloud ceiling" means the height above the ground or water of the base of the lowest layer of cloud situated below 20 000 feet and covering more than halfthe sky; "commercial air transport helicopter" means, for the purposes of Part 127, a . '" No. 1668 Government Gazette 27 August 1997 helicopter engaged in a commercial air transport operation; 7 "commercial air transport operation" means an air service as defined in the Air Services Act, 1949 (Act 51 of 1949); "critical phases of flight" shall include all ground operations involving taxi, take-off, climb to cruise up to 10 000 feet and approach from cruise below 10 000 feet; "day" means the period between the end of morning civil twilight and the beginning of evening civil twilight; "decision altitude/height" means a specified altitude or height in a precision approach at which a missed approach shall be initiated if the required visual reference to continue the approach has not been established; "Document NA-CATS-OPS 127" means a document on the Namibian Civil Aviation Technical Standards relating to commercial operation of helicopters which is published by the Director in terms of the Act; "dry lease" means the lease of an aircraft to the lessee in terms of which the aircraft is operated under the operating certificate of the lessee; "dry operating mass" means the total mass of the aircraft ready for a specific type of operation, excluding all usable fuel and traffic load, and including - (a) crew members and crew member baggage; (b) . '. catering and removable passenger service equipment; and 8 Government Gazette 27 August 1997 (c) potable water and lavatory chemicals; No. 1668 "elevated heliport" means a heliport located on a raised structure on land; "en-route safe altitude" means an altitude which will ensure a separation height of at least 1 500 feet above the highest obstacle located within five nautical miles of the aircraft in flight; "flight crew member" means a person assigned by an operator to duty on an aircraft during flight; "flight deck crew member" means a licensed crew member charged by the operator of an aircraft with duties essential to the operation of an aircraft; "flight visibility" means the visibility forward from the cockpit of an aircraft in flight; "final approach fix" means the fix from which the final approach (IFR) to an aerodrome is executed and which identifies the beginning of the final approach segment; , , I "handicapped passenger" means a passenger who is physically or mentally handicapped due to illness, injury, congenital malfunction or other temporary or permanent incapacity or disability; "helicopter" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power-driven rotors on substantially vertical axes; - "helicopter-load combination" means the combination of a helicopter and an extern.o-Ioad, including the external-load attaching means; No. 1668 Government Gazette 27 August 1997 "helideck" means a heliport located on a floating or fixed off-shore structure; 9 "heliport" means an aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters; "heliport operating minima" means the limits of usability of a heliport for either take-off or landing, usually expressed in terms of visibility, decision altitude/ height or minimum descent altitude/height and cloud conditions; "infant" means a passenger who has not reached his or her second birthday; "initial approach fix" means the fix depicted on Instrument Approach Procedure Charts that identifies the beginning of the initial approach segment; "instrument approach procedure" means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route, to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply; "International Regulations for Preventing Collisions at Sea" means the International Regulations for Preventing Collisions at Sea made under the Convention on the International Regulations for Preventing Collisions at Sea; "landing decision point" means the point used in determining landing performance from which, a power unit failure having been recognised at this point, the landing may be safely continued or a baulked landing initiated; . '" 10 Government Gazette 27 August 1997 "master minimum equipment list" means a list compiled for a particular aircraft type by the manufacturer of the aircraft with the approval of the State of Manufacture containing items, one or more of which is permitted to be unserviceable at the commencement of a flight; No. 1668 "maximum approved passenger seating configuration" means the maximum passenger seating capacity of an aircraft, excluding pilot seats, cockpit seats or flight deck seats as applicable, used by the operator in a commercial air transport operation, approved by the Director and specified in the operations manual referred to in regulations 121.04.2, 127.04.2 or 135.04.2; "maximum certificated mass" means the maximum permissible mass shown in the aircraft flight manual or other document associated with the certificate of airworthiness at which an aircraft may commence its take-off under standard atmospheric conditions at sea-level; "meteorological service" means any of the following services which provide meteorological information in support of aviation: (a) Climatology service, which is a service for the development and supply of climatological information for a specific place or airspace; (b) forecast service, which is a service for the supply of forecast meteorological information for a specific area or portion of airspace; - (c) information dissemination service, which is a service for the collection and dissemination of meteorological information; . '" No. 1668 (d) Government Gazette 27 August 1997 meteorological briefing service, which is a service for the supply of written and oral meteorological information on existing and expected meteorological conditions; 11 (e) meteorological reporting service, which is a service for the supply of routine meteorological reports; and (f) meteorological watch service, which is a service for maintaining a watch over meteorological conditions affecting aircraft operations in a specific area. "minimum descent altitude/height" means a specified altitude or height in a non-precision approach or circling approach below which descent may not be made without visual references for the intended runway or touch-down area; "missed approach point" means that point, in an instrument approach procedure at or before which the prescribed missed approach procedure shall be initiated, in order to ensure that the minimum obstacle clearance is not infringed; "missed approach procedure" means the procedure to be followed if the approach cannot be continued; "night" means the period between the end of evening civil twilight and the beginning of morning civil twilight; "operating certificate" means an operating certificate issued by the Director authorising an operator of a commercial air transport aeroplane to carry out specified air transport operations; '~'operational flight plan" means the operator's plan for the safe conduct of the ]2 Government Gazette 27 August 1997 flight based on considerations of aircraft performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned; "operations personnel", for the purposes of Part 138, means personnel assigned to or directly involved in ground and flight emergency medical service operations; No. 1668 "owner" means an owner as defined in the Act, and for the purposes of Part 91 includes an operator of an aircraft engaged in non-commercial operations; "precision approach" means an Instrument Approach for landing in which precision azimuth guidance and precision glide path guidance are provided in accordance with the minima prescribed for the category of operation; "rejected take-off distance required" means the horizontal distance required from the start of the take-off to the point where the helicopter comes to a full stop following a power unit failure and rejection of the take-off at the take-off decision point; "sector" includes take-off, en-route flight time but excludes circuit operations and landing operations; "simulator" means - (a) a flight procedures trainer or synthetic flight training device; or (b) a type specific flight simulator, approved by the Director for a specific purpose; . '" No. 1668 Government Gazette 27 August 1997 "State of Registry" means the State on whose register an aircraft is entered; 13 "take-off decision point" means the point used in determining take-off performance from which, a power unit failure having been recognised at this point, either a rejected take-off may be made or a take-off safely continued; "take-off distance available" means - (a) in the case of an aeroplane, the length of the take-off run available plus the length of the clearway available; or (b) in the case of a helicopter, the distance from the point of lift-off to the nearest obstacle in the take-off path, of 50 feet or higher; "take-off mass" means the mass of the aircraft, including everything and every person carried in the aircraft at the commencement of the take-off run or lift-off, as the case may be; o I "touch-down area available" means the length and width of the touch down area, which is declared available by the relevant authority and suitable for the landing of a helicopter; "traffic load" means the total mass of passengers, baggage and cargo, including any non-revenue load; "visibility" means the ability, as determined by atmospheric conditions and expressed in units of measurement, to see and identify prominent unlighted objects by da~ and prominent lighted objects by night; '" 14 Government Gazette 27 August 1997 "visual approach" means an approach when either part or all of an instrument approach procedure is not completed and the approach is executed with visual reference to the terrain; No. 1668 "wet lease" means the lease of an aircraft to the lessee in terms of which the aircraft is operated under the operating certificate of the lessor. . '" No. 1668 Government Gazette 27 August 1997 SCHEDULE 3 15 LIST OF REGULATIONS SUBPART1:GENERAL 127.01.1 127.01.2 127.01.3 127.01.4 127.01.5 127.01.6 Applicability Exemptions Admission to cockpit Drunkenness Dry lease-in of commercial air transport helicopter Wet lease-in of commercial air transport helicopter Dry lease-out of commercial air transport helicopter Wet lease-out of helicopter Leasing of helicopter between two Namibian operators Subchartering Preservation of documents r 127.01.7 127.01.8 127.01.9 127.01.10 127.01.11 SUBPART 2 : FLIGHT CREW 127.02.1 127.02.2 Composition of flight crew Crew member emergency duties Recency, route and heliport qualifications Cabin crew complement Operation on more than one type or variant by cabin crew Senior cabin crew Cabin crew emergency evacuation stations Seating of cabin crew during flight Flight time and duty periods :..£' ..... r-- 127 .02.3 127.02.4 127.02.5 127.02.6 127.02.7 127.02.8 127.02.9 SUBPART 3 : TRAINING AND CHECKING Division One : General Provisions 127.Q3.l '" Training of crew members 16 127.03.2 Government Gazette 27 August 1997 Initial training of crew members No. 1668 Division Two : Pilot training 127.03.3 127.03.4 127.03.5 127.03.6 127.03.7 127.03.8 127.03.9 Conversion training Differences training and familiarisation training Upgrading to pilot-in-command Pilot-in-command holding a commercial pilot licence Recurrent training and checking Pilot qualification to operate in either pilot's seat Advanced qualification programme Division Three : Training of cabin crew 127.03.10 127.03.11 127.03.12 127.03.13 127.03.14 127.03.15 Initial training Type and difference training Familiarisation flights Recurrent training Refresher training Checking Division Four: Training of other flight crew members 127.03.16 Training SUBPART 4 : DOCUMENTATION AND RECORDS 127.04.1 127.04.2 127.04.3 127.04.4 127.04.5 127.04.6 Documents to be retained on the ground Operations manual Flight and duty time records Records of emergency and survival equipment Crew member training records Load and trim sheet . '" No. 1668 127.04.7 Government Gazette 27 August 1997 Helicopter checklist 17 SUBPART 5 : INSTRUMENTS AND EQUIPMENT 127.05.1 127.05.2 Approval of instruments and equipment Flight, navigation and associated equipment for helicopters operated under VFR 127.05.3 Flights, navigation and associated equipment for helicopters operated under IFR 127.05.4 127.05.5 127.05.6 127.05.7 127.05.8 127.05.9 Airborne weather radar equipment Cockpit crew interphone system Flight crew interphone system Public address system Helicopters certificated for operating on water Survival suits SUBPART 6 : OPERATING CERTIFICATE 127.06.1 127.06.2 127.06.3 0 127.06.4 127.06.5 127.06.6 127.06.7 127.06.8 Operating certificate Application for operating certificate Adjudication of application for operating certificate Period of validity of operating certificate Safety inspections and audits Suspension and cancellation of operating certificate and appeal Duties of holder of operating certificate Register of operating certificates SUBPART 7 : FLIGHT OPERATIONS 127.07.1 127.07.2 127.07.3 Routes and areas of operation Establishment of procedures Operational control and supervision . '. 18 127.07.4 127.07.5 127.07.6 127.07.7 127.07.8 127.07.9 127.07.10 127.07.11 127.07.12 127.07.13 127.07.14 127.07.15 127.07.16 Government Gazette 27 August 1997 Competence of operations personnel Use of air traffic services Minimum flight altitudes Heliport operating minima Offshore operations Smoking in helicopter Fuel policy Fuel and oil supply Instrument approach and departure procedures Noise abatement procedures Carriage of infants and children Carriage of persons with a disability Limitations on the carriage of infants, children and persons with a disability 127.07.17 127.07.18 127.07.19 127.07.20 127.07.21 Carriage of inadmissible passengers, deportees or persons in custody Carry-on baggage Securing of passenger cabin and galley Passenger services Incidents and defects No. 1668 SUBPART 8 : PERFORMANCE OPERATING LIMITATIONS 127.08.1 127.08.2 Classification General provisions for all classes of helicopters Division One: Class 1 helicopter 127.08.3 127.08.4 127.08.5 127.08.6 127.08.7 Applicability Take-off Take-off flight path En-route with one or more engines inoperative Approach and landing . '" r No. 1668 Government Gazette 27 August 1997 Division Two : Class 2 helicopter 19 127.08.8 127.08.9 127.08.10 127.08.11 127.08.12 General Take-off Take-off flight path En-route with one or more engines inoperative Landing Division Three : Class 3 helicopter 127.08.13 127.08.14 127.08.15 127.08.16 General Take-off En-route Landing SUBPART 9 : MAINTENANCE 129.09.1 129.09.2 127.09.3 General Helicopter maintenance schedule Maintenance organisation contracted out to an approved aircraft maintenance - " ~'.. . '" 20 Government Gazette 27 August 1997 SUBPART No. 1668 1 GENERAL Applicability 127.01.1 (1) This Part shall apply to - (a) helicopters engaged in commercial air transport operations within Namibia; (b) , ,.- helicopters registered in Namibia and engaged in commercial international air transport operations; (c) persons acting as crew members of the helicopters registered in Namibia; and (d) persons who are on board a helicopter operated under this Part. (2) For the purposes of this Part, a helicopter registered in another State and operated by the holder of an operating certificate issued in Namibia, shall be deemed to be registered in Namibia. (3) The provisions of Part 91 shall apply mutatis mutandis to any heli- copter operated in terms of this Part. Exemptions 127.01.2 (1) The Director may exempt any helicopter or person involved in emergency operations from the provisions of this Part, on the conditions as pre- '" scribed in Document . NA-CATS-OPS 127. No. 1668 (2) Government Gazette 27 August 1997 An application for an exemption shall be made in accordance with 21 the provisions of Part 11. Admission to cockpit 127.01.3 (1) The operator of a commercial air transport helicopter shall ensure that no person is admitted to, or carried in the cockpit of the helicopter unless such person is - (a) a flight crew member assigned to the flight; (b) an authorised officer, inspector or authorised person; or (c) permitted by, and carried in accordance with the instructions contained in the operations manual referred to in regulation 127.04.2. (2) The final decision regarding the admission of any person to the cockpit shall be the responsibility of the pilot-in-command. (3) The admission of any person to the cockpit shall not interfere with the operation of the helicopter. (4) Any person carried in the cockpit shall be made familiar with the applicable procedures. Drunkenness 127.01.4 (1) The operator of a commercial air transport helicopter shall not p~}mit, and no person shall enter or be in the helicopter while under the influence 22 Government Gazette 27 August 1997 of alcohol or a drug having a narcotic effect, to the extent where the safety of such helicopter or its occupants is, or is likely to be, endangered. No. 1668 (2) The operator shall establish procedures to ensure that any person referred to in subregulation (1) is - (a) refused embarkation; or (b) if such person is on board, restrained or disembarked. Dry lease-in of commercial air transport helicopter 127.01.5 (1) An operator who intends to dry lease-in a foreign registered helicopter for commercial air transport purposes, shall - (a) ensure that such helicopter can be operated and is operated in accordance with the requirements prescribed in this Part; and (b) obtain prior approval from the Director to operate such helicopter. (2) The approval referred to in subregulation (l)(b) shall, subject to such conditions as the Director may determine, be granted if such helicopter is - (a) type certificated in accordance with the requirements prescribed in Part 21; (b) maintained in accordance with a helicopter maintenance schedule referred to in regulation 127.09.2; . '" No. 1668 Government Gazette 27 August 1997 (c) operated under the operating certificate held by the operator referred to in subregulation (1). 23 (3) The conditions of approval referred to in subregulation (2) shaH be part of the lease agreement between the operator referred to in subregulation (1) and the operator from which the foreign registered helicopter is leased. Wet lease-in of commercial air transport helicopter 127.01.6 (1) An operator who intends to wet lease-in a foreign registered helicopter for commercial air transport purposes shaH obtain prior approval from the Director to operate such helicopter. (2) The duration of the lease agreement concerned shaH be limited to a maximum period of six calendar months in one year. (3) The approval referred to in subregulation (1) shaH, subject to such conditions as the Director may determine, be granted if such helicopter - (a) is wet leased-in from an operator who is the holder of an operating certificate issued by an appropriate authority; (b) has been type-certificated by the appropriate authority; (c) holds a valid certificate of airworthiness or similar document issued by such appropriate authority; . '" (d) is maintained and operated in accordance with safety 24 Government Gazette 27 August 1997 standards at least equivalent to the safety standards referred to in this Part; and No. 1668 (e) will be operated in terms of the operating certificate held by the operator referred to in subregulation (1). (4) The operator referred to in subregulation (1) shall - (a) satisfy the Director that the safety standards of the lessor are not less than the safety standards referred to in this Part; (b) ensure that any law applicable to the helicopter to be wet leased-in, the maintenance or operation thereof, is complied with. (5) The total number of wet leased-in helicopters shall be such that an operator referred to in subregulation (1) will not be predominantly dependent on foreign registered helicopters. (6) The conditions of approval referred to in subregulation (2) shall be part of the lease agreement between the operator referred to in subregulation (1) and the operator from which the foreign registered helicopter is leased. Dry lease-out of commercial air transport helicopter 127.01.7 (1) Subject to the provisions of subregulation (2), the operator of a Namibian registered helicopter may dry lease-out the helicopter to any operator in a contracting State. . '" No. 1668 (2) Government Gazette 27 August 1997 On request of the operator of a Namibian registered helicop- 25 ter, the Director may exempt such operator from the applicable provisions of this Part and remove the helicopter from the operating certificate held by such operator: Provided that - (a) the appropriate authority of the of the State of the operator to whom such helicopter is dry leased, has accepted, in writing, responsibility for surveiHance of the maintenance and operation of such helicopter; and (b) such helicopter is maintained according to an approved maintenance programme. Wet lease-out of helicopter 127.01.8 The operator of a Namibian registered aeroplane who intends to wet lease-out the helicopter to any operator, other than an operator of a contracting State, shaH remain the operator of the helicopter for the purposes of Subpart 6, and responsibility for surveillance of the maintenance and operation of such helicopter shan not be transferred to the appropriate authority of the State of the operator to which such helicopter is wet leased-out. Leasing of helicopter between two Namibian operators 127.01.9 (1) A Namibian operator who intends to lease out a helicopter and complete crew to another Namibian operator, shaH remain the operator of the helicopter and shaH retain the functions and responsibilities prescribed in Subpart 6. (2) A Namibian operator, intending to utilise a helicopter leased from,. or to lease it to, another Namibian operator, shaH obtain prior approval from I" 26 Government Gazette 27 August 1997 the Director for the operation, and the conditions of approval shall be part of the lease agreement between the operators. No. 1668 (3) The terms of an approved lease agreement, other than an agreement in terms of which a helicopter together with helicopter crew is leased, and where no transfer of functions and responsibilities is intended, shall include - (a) the arrangement concerning the operating certificate in terms of which the flights with the leased helicopter shall be operated; and (b) any deviation from the operating certificate in terms of which the flights with the leased helicopter are to be operated. Subchartering 127.01.10 (1) In the exceptional circumstances, as prescribed in Document NA-CATS-OPS 127, an operator may subcharter a helicopter and crew from any operator who holds a valid operating certificate for the helicopter, issued by an appropriate authority: Provided that - (a) the subcharter period does not exceed five consecutive days; and (b) the operator of the helicopter so subchartered, informs the Director, within 24 hours, of such subcharter. (2) The provisions of regulations 127.01.5(1)(a) and (2), . '" No. 1668 Government Gazette 27 August 1997 127.01.6(3) and (4)(b) and 127.01.9(1) and (3) shan apply mutatis mutandis to any subcharter referred to in this regulation. 27 Preservation of documents 127.01.11 The operator of a commercial air transport helicopter who is re- quired to retain any of the documents for a specified period referred to in Subpart 4, shall retain such documents for such specified period irrespective of the fact that such operator, before the expiry of such specified period, ceases to be the owner or possessor of the helicopter concerned. r . I" 28 Government Gazette 27 August 1997 SUBPART 2 FLIGHT CREW No. 1668 Composition of flight crew 127.02.1 (1) The minimum number and composition of the flight crew shall not be less than the minimum number and less than the composition specified in the helicopter flight manual referred to in regulation 91.03.2. (2) The operator of a commercial air transport helicopter shall allocate additional flight crew members when it is required by the type of operation, and the number of such additional flight crew members shall not be less than the number specified in the operations manual referred to in regulation 127.04.2. (3) The operator shall ensure that the flight crew members - (a) are competent to perform the duties assigned to them; and (b) hold the appropriate valid licences and ratings, where applicable. (4) The flight crew shall include at least one member who holds a valid radiotelephony operator licence or equivalent document issued by an appropriate authority, authorising such member to operate the type of radio transmitting equipment to be used. (5) When deemed necessary for the safe conduct of a flight, the flight crew shall include at least one member who is proficient in navigating over the route to be flown. . '" No. 1668 (6) Government Gazette 27 August 1997 The operator shall ensure that - 29 (a) in the case of operations under IFR or at night in a commercial air transport helicopter, when more than nine passengers are carried; or (b) in the case of any operation in a commercial air transport helicopter, when more than 19 passengers are carried, the minimum flight crew of such helicopter is two pilots. (7) A helicopter, other than a helicopter referred to in subregulation (6), may be operated by a single pilot: Provided that the requirements referred to in subregulation (8) are complied with: Provided further that if the requirements referred to in subregulation (8) are not complied with, the minimum flight crew shal1 be two pilots. (8) A helicopter referred to in subregulation (7) may be operated by a single pilot under IFR or at night if the following requirements are complied with: (a) The helicopter shall be certificated for single-pilot IFR or night operations; (b) the operator shall include, in the operations manual referred to in regulation 127.04.2, a conversion and recurrent training programme for pilots which includes the additional requirements for a single-pilot operation; . '" 30 Government Gazette 27 August 1997 (c) the cockpit procedures shall include - No. 1668 (i) engine management and emergency handling; (ii) use of normal, abnormal and emergency checklist; (iii) air traffic service communication; (iv) departure and approach procedures; (v) stability augmentation or automatic flight control manage-ment; and (vi) simplified in-flight documentation; (d) the recurrent checks prescribed in Subpart 3, shall be performed in the single-pilot role on the type or class of helicopter in an environment representative of the operation; (e) the pilot concerned shall have a minimum of 50 hours flight time on the specific type or class of helicopter under IFR of which 10 hours shall be as pilot -in-command; and (f) the minimum required recent experience for a pilot engaged in a single-pilot operation under IFR or at night shall be - . '" No. 1668 Government Gazette 27 August 1997 (i) under IFR: 31 (aa) executed at least two actual approaches with reference to flight instruments only; (bb) executed at least two approaches either under actual or simulated conditions with reference to flight instruments only; (ii) at night when passengers are to be carried: not less than five circuits (including take-off and landing) by night in a helicopter of the same category as that in which such passenger-carrying flight is to be undertaken; or (iii) passed a ski1l test as prescribed in Part 61. (9) The operator shall designate one pilot among the flight crew as pilot-in-command of a commercial air transport helicopter and the pilot-in-command may delegate the conduct of the flight to another suitably qualified pilot. Crew member emergency duties 127.02.2 (1) The operator and, where appropriate, the pilot-in-command of a commercial air transport helicopter, operated by a multi-crew, shall assign to each crew member concerned, the necessary functions to be performed in an emergency or a situation requiring emergency evacuation. (2) The functions referred to in subregulation (I) shall be such as to tnsure that any reasonably anticipated emergency can be adequately dealt with '" 32 Government Gazette 27 August 1997 and shall take into consideration the possible incapacitation of individual crew members. No. 1668 (3) The operator shall prove to the satisfaction of the Director that the crew members are competent to perform such functions, by means of an emergency evacuation demonstration carried out in accordance with the requirements prescribed in Document NA-CATS-OPS 127. (4) The operator shall carry out an emergency evacuation dem- onstration referred to in subregulation (3) when a new type or variant of helicopter or new configuration of an existing helicopter is introduced for use. (5) A crew member shall not accept an assignment of emergency functions unless such crew member has been trained to perform emergency functions in accordance with the requirements prescribed in Subpart 3. Recency, route and heliport qualifications 127.02.3 (1) A pilot shall not act as pilot-in-command of a commercial air transport helicopter operated on a scheduled public air transport service, unless the pilot has within the preceding 12 months demonstrated to the operator of such helicopter an adequate knowledge of - (a) the route to be flown, (b) the heliports to be used; (c) the procedures applicable to flight paths over heavily populated areas and areas of higher traffic density; and . '" No. 1668 Government Gazette 27 August 1997 (d) obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument approach procedures including operating minima. 33 (2) If a route requires a specific type of navigation qualification, the pilot-in-command shaH within the 12 months immediately preceding a flight on such route, demonstrate his or her ability to the operator of the commercial air transport helicopter by - (a) flying over the route as pilot-in-command using the applicable special type of navigation system; or (b) flying over the route under the supervision of a suitably qualified pilot using the applicable special type of navigation system. Cabin crew complement 127.02.4 (1) If the certificate of airworthiness of a commercial air trans- port helicopter requires the carrying of one or more cabin crew members, the operator of the helicopter shaH not, when carrying one or more passengers, operate such helicopter without carrying the minimum number of cabin crew as prescribed in Document NA-CATS-OPS 127. (2) Cabin crew members are carried for the purposes of perform- ing duties relating to the safety of passengers and other duties assigned by the operator or the pilot-in-command. (3) In unforeseen circumstances, the operator may reduce the required minimum number of cabin crew: Provided that - . '" 34 Government Gazette 27 August 1997 (a) the number of passengers are reduced in accordance with the procedures specified in the operations manual referred to in regulation 127.04.2; and No. 1668 (b) a report is submitted to the Director after completion of the flight. Operation on more than one type or variant by cabin crew 127.02.5 (1) A cabin crew member shall not operate on more than three helicopter types: Provided that the Director may approve the operation on four helicopter types if the emergency and safety equipment and procedures for at least two of the helicopter types are similar. (2) The types of helicopter which are similar in respect of emer- gency and safety equipment and procedures shall be listed in Document NA-CATSOPS 127. Senior cabin crew 127.02.6 (1) The operator of a commercial air transport helicopter shall appoint a senior cabin crew member whenever more than one cabin crew member is carried on board the helicopter. (2) The senior cabin crew member shall be responsible to the pilot-in-command for the conduct of cabin operations and the co-ordination and performance of cabin crew duties. (3) The operator shall establish procedures to select the next most suitably qualified cabin crew member to operate as senior cabin crew member in the . '" No. 1668 Government Gazette 27 August 1997 event of the nominated senior cabin crew member being unable to operate. 35 Cabin crew emergency evacuation stations 127.02.7 A cabin crew member assigned to perform evacuation duties in a commercial air transport helicopter shall occupy the seat provided therefor during take-off and landing or when so directed by the pilot-in-command in the interest of safety. Seating of cabin crew during flight 127.02.8 During take-off and landing, and whenever deemed necessary by the pilot-in-command in the interest of safety, cabin crew shall be seated at their assigned station or seat. Flight time and duty periods 127.02.9 (1) The operator of a commercial air transport hel icopter shall - (a) establish a scheme for the regulation of flight time and duty periods for each crew member; and (b) include the scheme referred to in paragraph (a) in the operations manual referred to in regulation 127 .04.2; (c) ensure that each crew member complies with the provisions of the scheme referred to in paragraph (a); (d) not cause or permit any crew member to fly in the helicopter if such operator knows or has been made aware '\0 . 36 Government Gazette 27 August 1997 that such crew member - No. 1668 (i) will exceed the flight time and duty period prescribed in subregulation (1)(a) while on flight duty; or (ii) is suffering from or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from fatigue which may endanger the safety of the helicopter or its crew members and passengers; and (e) not schedule a crew member for active flight duty for a period exceeding eight consecutive hours during any given flight time and duty period unless authorised in the scheme referred to in paragraph (a). (2) Except with the approval of the Director, the flight and duty scheme of the operator shall not be in conflict with the provisions of regulation 91.02.3(1 )(f). /'"'\ (3) The provisions to be included in a flight and duty scheme referred to in subregulation (1) shall be as prescribed in Document NA-CATSOPS 127. . '" No. 1668 Government Gazette 27 August 1997 SUBPART 3 TRAINING AND CHECKING 37 DIVISION ONE: GENERAL PROVISIONS Training of flight crew members 127.03.1 (1) The operator of a commercial air transport helicopter shall establish and maintain a ground and flight training programme for flight crew members in his or her employ. (2) The operator shall ensure that - (a) each flight crew member receives training in accordance with this Subpart and the appropriate syllabus as prescribed in Document NA-CATS-OPS 127; (b) the training shall only be provided by the holder of an aviation training organisation approval issued in terms of Part 141; and (c) each flight crew member passes a written examination with regard to all the subjects of the training syllabi referred to in paragraph (a). (3) The provisions of this Subpart shall apply in respect of full- time as well as part-time employed flight crew members. . '" 38 Government Gazette 27 August 1997 Initial training of flight crew members No. 1668 127.03.2 A flight crew member employed by the operator of a commercial air transport helicopter shall have successfully completed the initial training and skill tests as prescribed in Part 61 or 64, as the case may be. . '" No. 1668 Government Gazette 27 August 1997 DIVISION TWO: PILOT TRAINING 39 Conversion training 127.03.3 ensure that - (1) The operator of a commercial air transport helicopter shall (a) a flight deck crew member completes a type conversion course in accordance with the applicable requirements prescribed in Part 61 when changing from one type of helicopter to another type or class for which a new type or class rating is required; (b) a flight deck crew member completes an operator's type conversion course before commencing unsupervised operational flying - (i) when changing to a helicopter for which a new type or class rating is required; or (ii) when employed by such operator; (c) type conversion training is conducted by a competent person in accordance with the detailed course syllabus included in the operations manual referred to in regulation 127.04.2, and as prescribed in Document NACATS-OPS 127; (d) the amount of training required by the operator's type conversion course is determined after due note has been . I" 40 Government Gazette 27 August 1997 taken ofthe flight deck crew member's previous training as recorded in the training records referred to in regulation 127.04.5; No. 1668 (e) the minimum standards of qualification and experience required of flight deck crew members before undertaking type conversion training are specified in the operations manual referred to in regulation 127.04.2; (f) each flight deck crew member undergoes the checks prescribed in regulation 127.03.7(2) and the training and checks prescribed in regulation 127.03.7(6) before commencing operational flying under supervision; (g) upon completion of operational flying under supervision, the check prescribed in regulation 127.03.7(4) is undertaken; and (h) in the case of multi-crew operations, crew resource management training as prescribed in Document NACATS-OPS 127 is incorporated course. in the conversion (2) In the case of changing helicopter type or class, the check prescribed in regulation 127.03.7(2) may be combined with the type or class rating skill test prescribed in Part 61. (3) The operator's type conversion course and the type or class rating course prescribed in Part 61, may be combined. . '" No. 1668 (4) Government Gazette 27 August 1997 The operator's type conversion course shall include the items, 41 and shall be conducted in the order, as prescribed in Document NA-CATS-OPS 127. (5) When a flight deck crew member has not previously com- pleted an operator's type conversion course, the operator shall ensure that, in addition to subregulation (4), the flight deck crew member undergoes general first-aid training and, if applicable, ditching-procedures training using the appropriate equip-' ment in water. r Differences training and familiarisation training 127.03.4 (1) The operator of a commercial air transport helicopter shall ensure that a flight deck crew member completes differences training when - (a) operating another variant of a helicopter of the same type or another type of the same class currently operated; or (b) a change of equipment or procedures on types or variants currently operated, requires the acquisition of additional knowledge. (2) The operator shall ensure that a flight deck crew member completes familiarisation training when - (a) operating another helicopter of the same type or variant; or (b) . '" a change of equipment or procedures on types or vari- 42 Government Gazette 27 August 1997 ants currently operated, requires the acquisition of additional knowledge. No. 1668 (3) The operator shall specify in the operations manual referred to in regulation 127.04.2 when differences training or familiarisation training is required. Upgrading to pilot-in-command 127.03.5 (1) The operator of a commercial air transport helicopter shall ensure that, for an upgrade to pilot-in-command from co-pilot, and for a pilot joining as pilot-in-command - (a) a minimum level of experience is specified in the operations manual referred to in regulation 127.04.2; and (b) for multi-crew operations, the co-pilot or pilot, as the case may be, completes an appropriate course. command (2) The command course referred to in subregulation (I )(b) shall be specified in the operations manual referred to in regulation 127.04.2, and shall include - (a) if a for the purpose approved flight simulator is available, training in such simulator, including operational flying training, or flying training on the helicopter; (b) an operator proficiency check operating as pilot-incommand; '. . No. 1668 Government Gazette 27 August 1997 (c) pilot-in-command responsibilities; 43 (d) operational training in command under supervision: Provided that a minimum of 10 sectors is required for pilots already qualified on the helicopter type; (e) '- completion of a pilot-in-command operational check prescribed in regulation 127.03.7(4); (f) in the case of scheduled air service operations, the recency, route and heliport qualifications prescribed in regulation 127.02.3; and (g) in the case of multi-crew operations, crew resource management training as prescribed in Document NACATS-OPS 127. Pilot-in-command holding a commercial pilot licence 127.03.6 ensure that - The operator of a commercial air transport helicopter shall (a) a holder of a commercial pilot licence (helicopter) does not operate as a pilot-in-command of a helicopter certificated in the flight manual referred to in regulation 91.03.2 for single-pilot operations unless - (i) when conducting passenger carrying operations under VFR outside a radius of 50 nautical miles '" . from a heliport of departure, the pilot has a mini- 44 Government Gazette 27 August 1997 mum of 300 hours total flight time on helicopter or holds a valid instrument rating; or No. 1668 (ii) when operating under IFR, the pilot has a minimum of 400 hours total flight time on helicopter which includes 200 hours as pilot-in-command of which 100 hours have been under IFR: Provided that the 200 hours as pilot-in-command may be substituted by hours operating as co-pilot on the basis of two hours co-pilot is equivalent to one hour as pilot-in-command, provided those hours were gained within an established multi-pilot crew system prescribed in the operations manual referred to in regulation 127.04.2; (iii) in addition to paragraph (a)(ii), when operating under IFR as a single pilot, the requirements prescribed in regulation 127.02.1 (8) are complied with; (iv) in multi-pilot crew operations, and prior to the pilot operating as pilot-in-command, mand course prescribed in the comregulation 127.03.5(l)(b) is completed. Recurrent training and checking -. 127.03.7 ensure that - (1) The operator of a commercial air transport helicopter sha11 . '" No. 1668 Government Gazette 27 August 1997 (a) each flight deck crew member undergoes recurrent training and checking and that all such training and checking is relevant to the type or variant of helicopter on which the flight deck crew member is licensed to operate; 45 (b) a recurrent training and checking programme is ineluded in the operations manual referred to in regulation 127.04.2; (c) recurrent training is conducted by - (i) a competent person, in the case of ground and refresher training; (ii) a type-rated instructor, in the case of helicopter or flight simulator training; (iii) competent personnel in the case of emergency and safety equipment training and checking; or (iv) competent personnel, in the case of crew resource management training; (d) recurrent checking is conducted by - (i) an examiner in the case of operator proficiency checks; and '" . (ii) a pilot-in-command designated by the operator 46 Government Gazette 27 August 1997 in the case of operational checks; and No. 1668 (e) each flight deck crew member undergoes operator proficiency checks every six calender months as part of a normal flight crew complement. (2) The operator shall ensure that, in the case of an operator pro- ficiency check referred to in subregulation (l)(e) - (a) each flight deck crew member undergoes such checks to demonstrate his or her competence in carrying out normal, abnormal and emergency procedures; and (b) such check is conducted without external visual reference when the flight deck crew member will be required to operate under IFR. (3) Upon successful completion of the operator proficiency check referred to in subregulation (l)(e), the operator shall issue a certificate of competency to the flight deck crew member concerned, which certificate shall be valid for a period of six calendar months calculated from the last day of the calender month in which such certificate is issued. (4) The operator shall ensure that, in the case of an operational check, each flight deck crew member undergoes the operational check on the helicopter to demonstrate his or her competence in carrying out normal operations specified in the operations manual referred to in regulation 127.04.2. (5) Upon successful completion ofthe operational check referred . I" No. 1668 Government Gazette 27 August 1997 to in subregulation (4), the operator shall issue a certificate of competency to the flight deck crew member concerned, which certificate shall be valid for a period of 12 calendar months calculated from the last day of the calendar month in which such certificate is issued. 47 (6) The operator shall ensure that, in the case of emergency and safety equipment training and checking, each flight deck crew member undergoes training and checking on the location and use of all emergency and safety equipment carried. (7) Upon successful completion of the emergency and safety equipment check referred to in subregulation 6, the operator shalJ issue a certificate of competency to the flight deck crew member concerned, which certificate shall be valid for a period of 12 calendar months calculated from the last day of the calendar month in which such certificate is issued. (8) The operator shall ensure that, in the case of crew resource management training, each flight deck crew member undergoes such training as part of the recurrent training as prescribed in Document NA-CATS-OPS 127. (9) The operator shall ensure that, in the case of ground and re- fresher training, each flight deck crew member undergoes such training every 12 calendar months. Pilot qualification to operate in either pilot's seat 127.03.8 The operator of a commercial air transport helicopter shall ensure that - . '" (a) a pilot to be assigned to operate in either pilot's seat, 48 Government Gazette 27 August 1997 completes the appropriate training and checking; and (b) the training and checking programme is - No. 1668 (i) specified in the operations manual referred to in regulation 127.04.2; and (ii) is undertaken in accordance with the appropriate syllabus as prescribed in Document NACATS-OPS 127. Advanced qualification programme 127.03.9 (1) The period of validity for the training referred to in regula- tion 127.03.7 may be extended if the Director has approved an advanced qualification programme established by the operator. (2) The advanced qualification programme shall contain train- ing and checking which establishes and maintains a proficiency that is not less than the proficiency referred to in regulations 127.03.3(4), 127.03.4, 127.03.5, 127.03.6 and 127.03.7. . '" No. 1668 Government Gazette 27 August 1997 49 DIVISION THREE: TRAINING OF CABIN CREW Initial training 127.03.10 The operator of a commercial air transport helicopter shall ensure that each cabin crew member successfully completes the initial training, prescribed in Part 64 before undertaking type and differences training. Type and differences training 127.03.11 (1) The operator of a commercial air transport helicopter shall ensure that each cabin crew member has completed the type training or differences training, specified in the operations manual referred to in regulation 127 .04.2 before undertaking duties assigned to them. (2) when - A cabin crew member shall complete a type training course '0 (a) employed by the operator as a cabin crew member; or (b) assigned to act as a cabin crew member on another helicopter type. (3) A cabin crew member shall complete a differences training course when acting as a cabin crew member - (a) in a variant of the current helicopter type; or . '" 50 Government Gazette 27 August 1997 (b) in an helicopter type with equipment, equipment location, or safety procedures which differ from the current helicopter type or variant. No. 1668 (4) The operator shall determine the content of the type or dif- ferences training course taking account of the cabin crew member's previous training as recorded in the cabin crew member's training records prescribed in regulation 127.04.5. (5) The operator shall ensure that - (a) type training is conducted in a structured manner, in accordance with the requirements Document NA-CATS-OPS 127; as prescribed in (b) differences training is conducted in a structured manner; and (c) type training and differences training includes the use of all emergency and survival equipment and all emergency procedures applicable to the helicopter type or variant and involves training and practice on either a representative training device or on the actual helicopter. Familiarisation flights 127.03.12 The operator of a commercial air transport helicopter shall ensure that upon completion of type training or differences training, each cabin crew member unkrtakes familiarisation flights before acting as one of the minimum number No. 1668 Government Gazette 27 August 1997 of cabin crew prescribed in regulation 127.02.4. Recurrent training 51 127.03.13 (1) The operator of a commercial air transport helicopter shall ensure that each cabin crew member undergoes recurrent training, covering the actions assigned to each cabin crew member in evacuation and other appropriate normal and emergency procedures and drills relevant to the helicopter type or variant, in accordance with the requirements as prescribed in Document NA-CATS-OPS 127. (2) The operator shall ensure that the recurrent training and check- ing programme includes the theoretical and practical instruction, as well as individual practice, as prescribed in Document NA-CATS-OPS 127. (3) Upon successful completion of the recurrent training and to the cabin crew member checking, the operator shall issue a certificate of competency concerned, which certificate shall be valid for a period of 12 calendar months calculated from the last day of the calender month in which such certificate is issued. Refresher training 127.03.14 (1) The operator of a commercial air transport helicopter shall ensure that each cabin crew member who has been absent from all flying duties for more than six months completes the refresher traming specified in the operations manual referred to in regulation 127.04.2, as prescribed in Document NA-CATSOPS 127. (2) The operator shall ensure that a cabin crew member who has not been absent from all flying duties, but has not acted as a cabin crew member on a particular aeroplane type for a period of six months, completes _ . '" 52 Government Gazette 27 August 1997 (a) (b) refresher training in such aeroplane type; or two fami]iarisation sectors during commercia] operations in such aeroplane type, No. 1668 before undertaking duties or such aeroplane type. Checking 127.03.15 (1) The operator of a commercial air transport helicopter shall ensure that during or following completion of the training prescribed in regulations 127.03.10, ]27.03.11 and 127.03.13 each cabin crew member undergoes a check covering the training received in order to verify his proficiency in carrying out safety and emergency duties. (2) The checks referred to in subregu]ation (1) shall be performed by competent personnel. (3) The operator shall ensure that each cabin crew member un- dergoes checks of the items for initial, type, differences and recurrent training, as prescribed in Document NA-CATS-OPS 127. """"'1 . '" No. 1668 Government Gazette 27 August 1997 53 DIVISION FOUR: TRAINING OF OTHER FLIGHT CREW MEMBERS Training 127.03.16 (1) The operator of a commercial air transport helicopter shall provide an initial, recurrent and refresher training course for a - (a) 1'*\ (b) load master; winch operator; (c) navigator; or (d) other crew member essential to safe operations, if the operator has such operations personnel in his or her employ. (2) The training course referred to in subregulation (l) shall be specified in the operations manual referred to in regulation 127.04.2. . I" 54 Government Gazette 27 August 1997 No. 1668 SUBPART 4 DOCUMENTATION AND RECORDS Documents to be retained on the ground 127.04.1 (1) The operator of a commercial air transport helicopter engaged in a scheduled public air transport service, shall ensure that - (a) a copy of the relevant parts of the flight folio; (b) the load and trim sheet; (c) the passenger list or cargo manifest; (d) the special loads notification, if applicable; and (e) a general declaration in the case of a helicopter engaged in international flight, are retained in a safe place at the first point of departure in respect of each flight undertaken by the helicopter. (2) The documents referred to in subregulation (1) shall be re- tained for a period of at least 90 days. Operations manual . '" No. 1668 127.04.2 (1) Government Gazette 27 August 1997 The operator of a commercial air transport helicopter shall 55 draw up an operations manual containing all information required under this Part and setting out the manner in which such operator will operate the air service for which such operator is licensed in terms of the provisions of the Air Services Act, 1949 (Act 51 of 1949). (2) The operator shall submit the operations manual in duplicate to the Director for approval. (3) If the Director is satisfied that the operator - (a) will comply with the provisions of regulation 127.06.7; and (b) will not operate the air service concerned contrary to any provision of the Act, the Air Services Act, 1949, or the Civil Aviation Offences Act, 1972 (Act 10 of 1972), the Director shall certify in writing on both copies of the operations manual that such manual has been approved, and shall return one copy of the approved operations manual to the operator. (4) The operator shall submit an amendment to an approved op- erations manual in duplicate to the Director for approval. (5) If the Director is satisfied that the operator will comply with the provisions of subregulation (3)(a) and (b), the Director shall certify in writing on both copies of the amendment to the approved operations manual that such amendment has been approved, and shall return one copy of the approved amendment to the ~erator. 56 Government Gazette 27 August 1997 No. 1668 (6) The operator shall at all times operate the commercial air transport helicopter in accordance with the approved operations manual or an approved amendment thereto. (7) The operator shall - (a) ensure that all operations personnel are able to understand the language used in those sections of the operations manual which pertain to their duties; (b) ensure that every flight is conducted in accordance with the operations manual and that those parts of the operations manual which are required for the conduct of a flight, are easily accessible to the crew members on board; (c) make the operations manual available for the use and guidance of operations personnel; (d) provide the flight crew members with their own personal copy of the sections of the operations manual which are relevant to the duties assigned to them; (e) keep the operations manual up to date; and (f) keep the operations manual in a safe place. (8) The contents of the operations manual shall not contravene . I" No. 1668 Government Gazette 27 August 1997 the conditions contained in the operating certificate issued to the operator in terms of regulation 127.06.3. (9) The structure and contents of the operations manual referred 57 to in subregulation (1) shall be as prescribed in Document NA-CATS-OPS 127. Flight time and duty period records 127.04.3 (1) The operator of a commercial air transport helicopter shall - (a) maintain current flight time and duty period records of all crew members in such operator's employ; and . (b) retain the flight time and duty period records for a period of 15 calendar months calculated from the date of the last flight of each crew member. (2) A flight crew member in part-time employ of an operator shall maintain his or her own flight time and duty period records and shall provide copies thereof to the operator to enable such operator to ensure that such flight crew member does not exceed the limits prescribed in the flight and duty scheme of the operator referred to in regulation 127.02.9. Records of emergency and survival equipment 127.04.4 (1) The operator of a commercial air transport helicopter shall compile a list of all the survival and emergency equipment to be carried in a COffimercial air transport helicopter and shall have such list available at all times for immediate communication to rescue coordination centres. - . '. 58 (2) Government Gazette 27 August 1997 The survival and emergency equipment list sha1l be included No. 1668 in the operations manual referred to in regulation 127.04.2. (3) The format and minimum information to be included in the survival and emergency equipment list sha1l be as prescribed in Document NA-CATS- OPS 127. Crew member training records 127.04.5 (1) The operator of a commercial air transport helicopter sha1l maintain the records of all training and proficiency checks undertaken by the crew members in such operator's employ, and such records sha1l incorporate certificates indicating the successful completion of such training and proficiency checks. . ......., (2) The operator sha1l retain the record of each flight crew mem- ber for a period of at least three years and the record of each cabin crew member for a period of at least 12 months from the date on which the crew member concerned has left the employ of such operator. (3) The certificates referred to in subregulation (1) sha1l be made available by the operator to the crew member concerned on request. Load and trim sheet 127.04.6 (1) The operator of a commercial air transport helicopter with a maximum approved passenger seating configuration of more than nine seats - (a) registered in Namibia and operated into, within or from Namibia under a licence issued in terms of the Air Services Act, 1949; or . '" No. 1668 Government Gazette 27 August 1997 (b) registered in a foreign State and operated into, within or from Namibia under a licence issued in terms of the Air Services Act, 1949, 59 shall ensure that no flight is undertaken by the helicopter unless the person superintending the loading of such helicopter has completed and certified a load and trim sheet. (2) A load and trim sheet shall be completed in duplicate and one copy shall be carried in the helicopter and, one copy shall be retained in accordance with the provisions of regulation 127.04.1. (3) The load and trim sheet shall be retained by the operator for a period of at least 90 days calculated from the date on which the flight was undertaken. (4) The minimum contents of a load and trim sheet shall be as prescribed in Document NA-CATS-OPS 127. Helicopter checklist 127.04.7 The operator of a commercial air transport helicopter, shall, in ad- dition to the aircraft checklist referred to in regulation 91.03.3, compile and make available to the flight crew and other staff members in such operator's employ, a checklist of the procedures to be followed by such flight crew and staff members when searching for concealed weapons, explosives or other dangerous devices. . '. 60 Government Gazette 27 August 1997 SUBPART 5 INSTRUMENTS AND EQUIPMENT No. 1668 Approval of instruments and equipment 127.05.1 (I) The operator of a commercial air transport helicopter shall ensure that a flight does not commence unless the instruments and equipment required under this Subpart, or otherwise installed on the helicopter, are - (a) subject to the provisions of subregulation (2), approved and installed in accordance with the requirements, ineluding operational and airworthiness requirements, applicable to such instruments and equipment; and .""-\ (b) in a condition for safe operation of the kind being conducted, except as provided for in the MEL. (2) The operator shall not be required to obtain approval for the - (a) fuses referred to in regulation 91.04.2; (b) intrinsically safe electric torches referred to in regulation 91.04.3(l)(d); (c) accurate time piece referred to in regulations 91.04.4 and 91.04.5; (d) first-aid equipment referred to in regulation 91.04.16; (e) megaphones referred to in regulation 91.04.24; . '" No. 1668 Government Gazette 27 August 1997 (f) survival equipment referred to in regulation 91.04.29; and 61 (g) sea anchors and equipment for the mooring, anchoring or manoeuvring of amphibious helicopters on water, referred to regulation 91.04.30. Flight, navigation and associated equipment for helicopters operated under VFR 127.05.2 (1) The operator of a commercial air transport helicopter shall not operate the helicopter in accordance with VFR, unless such helicopter is equipped with - (a) a magnetic compass; (b) an accurate time-piece indicating the time in hours, minutes, and seconds; (c) a sensitive pressure altimeter calibrated in feet, with a subscale setting, calibrated in hectopascals, adjustable for any barometric pressure setting likely to be encountered during flight; (d) an airspeed indicator; (e) a vertical speed indicator; - (f) a turn-and-slip indicator or a turn coordinator, incorporating a slip indicator; . '" 62 Government Gazette 27 August 1997 (g) an attitude indicator; No. 1668 (h) a stabilised direction indicator; and (i) a means of indicating in the cockpit the outside air temperature in degrees Celsius: Provided that a helicopter with a maximum certificated mass of 2 730 kilograms or less, does not have to comply with the provisions of paragraph (g) and (h). (2) If two pilots are required to operate a commercial air trans- port helicopter, the second pilot's station shall be equipped with - (a) a sensitive pressure altimeter with a subscale setting calibrated in hectopascals, adjustable for any barometric pressure setting likely to be encountered during flight; (b) an airspeed indicator; (c) a vertical speed indicator; (d) a turn-and-slip indicator or a turn coordinator, incorporating a slip indicator; (e) an attitude indicator; and (f) a stabilised direction indicator: Provided that a helicopter with a maximum certificated mass of 2730 kilograms or . '" No. 1668 Government Gazette 27 August 1997 less, does not have to comply with the provisions of paragraph (e) and (f). 63 (3) A commercial air transport helicopter being operated by night in accordance with VFR - (a) outside a radius of 15 nautical miles from its point of departure; or (b) if on a cross-country flight, for longer than 20 minutes; or r (c) over water at a distance from land corresponding to more than 10 minutes at normal cruise speed, shall be equipped with a radio altimeter with an audio warning operating below a preset height and a visual warning capable of operating at a height selectable by the pilot. r Flight, navigation and associated equipment for aircraft operated under IFR 127.05.3 (1) The operator of a commercial air transport helicopter shall not operate the helicopter in accordance with IFR, unless such helicopter is equipped with - (a) a magnetic compass; (b) an accurate time-piece indicating the time in hours, minutes and seconds; . '. (c) two sensitive pressure altimeters with subscale settings, 64 Government Gazette 27 August 1997 calibrated in hectopascals, adjustable for any barometric pressure setting likely to be encountered during flight; No. 1668 (d) in the case of a helicopter operated in a scheduled or non-scheduled public air transport service and having a maximum certificated mass in excess of 5700 kilograms, a radio altimeter with an audio warning operating below a preset height and a visual warning capable of operating at a height selectable by the pilot; (e) an airspeed indicator system with heated pitot tube or equivalent means for preventing malfunctioning due to either condensation or icing, including a warning indicator of pitot heater failure; (f) a vertical-speed indicator; (g) a turn-and-slip indicator or a turn coordinator, incorporating a slip indicator; (h) an attitude indicator; (i) a single standby attitude indicator, capable of being used from either pilot's station which - (i) is powered continuously during normal operation and, after a total failure of the normal electrical generating system is powered from a source . _" No. 1668 Government Gazette 27 August 1997 independent of the normal electrical generating system; 65 (ii) provides reliable operation for a minimum of 30 minutes after total failure of the normal electrical generating system, taking into account other loads on the emergency power supply and operational procedures; (iii) operates independently of any other attitude indicating system; (iv) is operative automatically after total failure of the normal electrical generating system; and (v) is appropriately illuminated during all phases of operation: Provided that if the standby attitude instrument system is capable of being used through flight attitudes of 360( of pitch and roll, the-turn-and ~;lipindicators may be replaced by slip indicators; (j) a stabilised direction indicator; (k) a means of indicating in the flight crew compartment the outside air temperature in degrees Celsius; and (I) an alternate source of static pressure for the altimeter and the airspeed and vertical speed indicators. '" . 66 (2) Government Gazette 27 August 1997 If two pilots are required to operate a commercial air trans- No. 1668 port helicopter the second pilot's station shall be equipped with - (a) a sensitive pressure altimeter with a subscale setting, calibrated in hectopascals, adjustable for any barometric pressure setting likely to be encountered during flight, which may be one ofthe two altimeters required under subregulation (l)(c); (b) an airspeed indicator system with heated pitot tube or equivalent means for preventing malfunction due to either condensation or icing including a warning indicator of pitot heater failure; (c) a vertical-speed indicator; (d) a turn-and-slip indicator or a turn coordinator, incorporating a slip indicator; (e) an attitude indicator; and (f) a stabilised direction indicator. (3) In complying with the provisions of subregulation (l )(i) it shall be clearly evident to the flight crew members when such standby attitude indicator is being operated by emergency power. (4) Where the standby attitude indicator referred to in subregulation (l)(i) has its own dedicated power supply, there shall be an associated . I" No. 1668 Government Gazette 27 August 1997 indicator, either on the instrument or instrument panel, when such power supply is in use. 67 Airborne weather radar equipment 127.05.4 The operator of a commercial air transport helicopter with a maxi- mum approved passenger seating configuration of more than nine seats on a scheduled or non-scheduled public air transport service, shall not operate the helicopter unless such helicopter equipped with airborne weather radar equipment whenever such helicopter is being operated by night or in IMC in areas where thunderstorms or other potentially hazardous weather conditions, regarded as detectable with airborne weather radars, may be expected to exist along the route. Cockpit crew interphone system 127.05.5 The operator of a commercial air transport helicopter on which more than one cockpit crew member is required, shall not operate the helicopter unless such helicopter is equipped with a cockpit crew interphone system, including headsets and microphones, not of a hand-held type, for use by all cockpit crew members. Flight crew member interphone system 127.05.6 (1) The operator of a commercial air transport helicopter with a maximum approved passenger seating configuration of more than 19 seats, shall not operate the helicopter unless such helicopter is equipped with a flight crew member interphone system. (2) The flight crew member interphone system shall - '" . (a) operate independently of the public address system 68 Government Gazette 27 August 1997 referred to in regulation 127.05.7 except for handsets, microphones, selector switches and signalling devices; No. 1668 (b) provide a means of two-way communication between the cockpit and each passenger compartment; (c) be readily accessible for use from each of the required cockpit crew stations in the cockpit; (d) be readily accessible for use at the required cabin crew stations close to each separate or pair of floor level emergency exits; (e) have an alerting system incorporating aural or visual signals for use by cockpit crew members to alert the cabin crew and for use by cabin crew to alert the cock- pit crew; (f) have a means of the recipient of a call to determine whether it is a normal call or an emergency call; and (g) provide on the ground a means of two-way communication between ground personnel and at least two cock- pit crew members, if the design of the helicopter requires such interphone communication. Public address system 127.05.7 (1) The operator of a commercial air transport helicopter with a maxim\tm approved passenger seating configuration of more than nine seats, shall No. 1668 Government Gazette 27 August 1997 not operate the helicopter unless such helicopter is equipped with a public address system. 69 (2) The public address system shall - (a) operate independently of the interphone systems referred to in regulations 127.05.5 and 127.05.6, except for handsets, microphones, selector switches and signalling devices; r (b) be readily accessible for immediate use from each required cockpit crew member station; (c) be readily accessible for use from at least one cabin crew station in the cabin; (d) in the case of a public address system microphone intended for cabin crew use, be positioned adjacent to a cabin crew seat located near each required floor level emergency exit in the passenger compartment; (e) be capable of operation within 10 seconds by a cabin crew member at each of those stations in the compartment from which the use of such public address systern is accessible; (f) be audible and intelligible in all phases of flight at all passenger seats, toilets and cabin crew seats and stations; I" . 70 Government Gazette 27 August 1997 (g) be powered continuously during normal operation; and No. 1668 (h) provide reliable operation for at least 10 minutes, following a total failure of the normal electrical generating system. Helicopters certificated for operating on water 127.05.8 The operator of a commercial air transport helicopter certificated for operating on water, shall not operate the helicopter on water unless such helicopter is equipped with - (a) a sea anchor and other equipment necessary to facilitate the mooring, anchoring or manoeuvring such helicopter on water, appropriate to its size, weight and handling characteristics; and (b) equipment for making the sound signals prescribed in the International Regulations for Preventing Collisions at Sea, where applicable. Survival suits 127.05.9 The operator of a commercial air transport helicopter shall not op- erate the helicopter beyond 10 minutes flying time at normal cruising speed from land when the weather report or forecasts available to the pilot-in-command indicate that - (a) I~ the water temperature will be less than 10°C during the flight; or No. 1668 Government Gazette 27 August 1997 (b) the estimated rescue time exceeds the calculated survival time, 71 unless each person on board is wearing a survival suit. . '" 72 Government Gazette 27 August 1997 SUBPART 6 OPERATING CERTIFICATE No. 1668 Operating certificate 127.06.1 The operator of a commercial air transport helicopter shall not op- erate the helicopter unless such operator is the holder of a valid - (a) licence issued in terms of the Air Services Act, 1949; and (b) operating certificate issued in terms of regulation 127.06.3. Application for operating certificate 127.06.2 An application for an operating certificate shall be made to the Di- rector in the appropriate form as prescribed in Document NA-CATS-OPS 127 and shall be accompanied by the appropriate fee as prescribed in Part 187. Adjudication of application for operating certificate 127.06.3 (1) In considering an application referred to in regulation 127.06.2 the Director may conduct the investigation he or she deems necessary. (2) An application shall be granted and the operating certificate issued if the Director is satisfied that - (a) the applicant will comply with the provisions of regulation 127.06.7; and . '" No. 1668 Government Gazette 27 August 1997 (b) the applicant will not operate the air service concerned contrary to any provision of the Act, the Civil Aviation Offences Act, 1972, and the Air Services Act, 1949. 73 (3) If the Director is not so satisfied, he or she shal1 notify the operator thereof, stating the reasons in the notification, and grant the operator the opportunity to rectify or supplement any defect within the period determined by the Director, after which period the Director shal1 grant or refuse the application concerned. (4) An operating certificate shal1 be issued on the appropriate form as prescribed in Document NA-CATS-OPS 127, under such conditions which the Director may determine. Period of validity of operating certificate 127.06.4 (1) An operating certificate shal1 be valid for such period as may be determined by the Director: Provided that such period shal1 not exceed a period of 12 months from the date of issuing thereof. (2) If the holder of an operating certificate applies, at least 30 days prior to the expiry thereof, for a new operating certificate, that first-mentioned operating certificate shall, notwithstanding the provisions of subsection (1), remain in force until such holder is notified by the Director of the result of the application for the issuing of a new operating certificate. Safety inspections and audits 127.06.5 (1) An applicant for the issuing of an operating certificate shal1 permit an authorised officer, inspector or authorised person to carry out such safety . '" 74 Government Gazette 27 August 1997 inspections and audits which may be necessary to verify the validity of an application made in terms ofregulation 127.06.2. No. 1668 (2) The holder of an operating certificate shall permit an authorised officer, inspector or authorised person to carry out such safety inspections and audits which may be necessary to determine compliance with the appropriate requirements prescribed in this Part. Suspension and cancellation of operating certificate and appeal 127.06.6 (1) An authorised officer, inspector or authorised person may suspend for a period not exceeding 30 days, an operating certificate issued under this Subpart, if - (a) after a safety inspection and audit carried out in terms of regulation 127.06.5, it is evident that the holder of the operating certificate does not comply with the requirements prescribed in this Part, and such holder fails to remedy such non-compliance within 30 days after receiving notice in writing from the authorised officer, inspector or authorised person to do so; (b) the authorised officer, inspector or authorised person is prevented by the holder of the operating certificate to carry out a safety inspection and audit in terms of regulation 127.06.5; or (c) the suspension is necessary in the interests of aviation safety. . '" No. 1668 (2) Government Gazette 27 August 1997 The authorised officer, inspector or authorised person who 75 has suspended an operating certificate in terms of subregulation (1), shall deliver a report in writing to the Director, stating the reasons why, in his or her opinion, the suspended operating certificate should be cancelled. (3) The authorised officer, inspector or authorised person con- cerned shall submit a copy of the report referred to in subregulation (2), to the holder of the operating certificate which has been suspended, and shall furnish proof of such submission for the information of the Director. (4) The holder of an operating certificate who feels aggrieved by the suspension of the approval may appeal against such suspension to the Director, within 30 days after such holder becomes aware of such suspension. (5) An appellant shall deliver an appeal in writing, stating the reasons why, in his or her opinion, the suspension should be varied or set aside. (6) The appellant shall submit a copy of the appeal and any docu- ments or records supporting such appeal, to the authorised officer, inspector or authorised person concerned and shall furnish proof of such submission for the information of the Director. (7) The authorised officer, inspector or authorised person con- cerned may, within 30 days of receipt of the copy of the appeal referred to in subregulation (6), deliver his or her written reply to such appeal to the Director. (8) The Director may - (a) adjudicate the appeal on the basis of the documents submitted to him or her; or . I" 76 Government Gazette 27 August 1997 (b) order the appellant and the authorised officer, inspector or authorised person concerned to appear before him or her, either in person or through a representative, at a time and place determined by him or her, to give evidence. No. 1668 (9) The Director may confirm, vary or set aside the suspension referred to in subregulation (1). (10) The Director shall - (a) if he or she confirms the suspension subregulation (9); or in terms of (b) if an operating certificate is suspended in terms of subregulation (1) and the holder thereof does not appeal against such suspension in terms of subregulation (4), cancel the operating certificate concerned. Duties of holder of operating certificate 127.06.7 The holder of an operating certificate shall - (a) notify the Director in the manner as prescribed in Document NA-CATS-OPS 127, before any change is effected to the particulars on the operating certificate; . '" No. 1668 Government Gazette 27 August 1997 (b) keep the operating certificate in a safe place and produce such operating certificate to an authorised officer, inspector or authorised person for inspection if so requested by such officer, inspector or person; and 77 (c) not commence or continue with the air service concerned unless such holder is the holder of a valid operating certificate. Register of operating certificates 127.06.8 (1) The Director shall maintain a register of all operating certifi- cates issued in terms of the regulations in this Part. (2) The register shall contain the following particulars: (a) The full name and, if any, the trade name of the holder of the operating certificate; r (b) the postal address of the holder of the operating certificate; (c) the number of the operating certificate issued to the holder; (d) particulars of the type of air service for which the operating certificate was issued; (e) particulars of the category of aeroplane for which the operating certificate was issued; and . I" 78 Government Gazette 27 August 1997 (f) the date on which the operating certificate was issued. No. 1668 (3) The particulars referred to in subregulation (2) shall be re- corded in the register within seven days from the date on which the operating certificate is issued by the Director. (4) Director. The register shall be kept in a safe place at the office of the (5) A copy of the register shall be furnished by the Director, on payment of the appropriate fee as prescribed in Part 187, to any person who requests the copy. . '" No. 1668 Government Gazette 27 August 1997 SUBPART 7 FLIGHT OPERATIONS 79 Routes and areas of operation 127.07.1 (1) The operator of a commercial air transport helicopter shall ensure that scheduled public air transport service operations are only conducted along such routes for which - (a) ground facilities and services, including meteorological services, are provided which are adequate for the planned operation; (b) appropriate maps and charts are available; and (c) where a single-engine helicopter is used, surfaces are available which permit a safe forced landing to be executed. (2) The operator shall ensure that operations are only conducted within such areas and along such routes for which approval or authorisation has been obtained, where required, from the authority concerned. (3) The operator shall ensure that - (a) the performance of the helicopter intended to be used, is adequate to comply with minimum flight altitude requirements; and (b) . I" the equipment of the helicopter intended to be used, 80 Government Gazette 27 August 1997 complies with the minimum requirements planned operation. for the No. 1668 Establishment of procedures 127.07.2 The operator of a commercial air transport helicopter shall - (a) establish procedures and instructions, for each helicopter type, containing ground staff and crew member's duties for all types of operations on the ground and in flight; (b) establish a checklist system to be used by flight crew members for all phases of operation under normal, abnormal and emergency conditions, to ensure that the operating procedures in the operations manual referred to in regulation 127.04.2, are followed; and (c) ensure that flight crew members do not perform any activities during critical phases of the flight other than those required for the safe operation of the helicopter. Operational control and supervision 127.07.3 The operator of a commercial air transport helicopter shall exercise operational control and establish and maintain an approved method of supervision of flight operations. . '" No. 1668 Government Gazette 27 August 1997 Competence of operations personnel 81 127.07.4 The operator of a commercial air transport helicopter shall ensure that all personnel assigned to, or directly involved in, ground and flight operations, are properly instructed, have demonstrated their abilities in their particular duties and are aware of their responsibilities and the relationship of such duties to the operation as a whole. Use of air traffic services 127.07.5 The operator of a commercial air transport helicopter shall ensure that air traffic services are used for all flights whenever available. Minimum flight altitudes 127.07.6 (1) The operator of a commercial air transport helicopter shall establish minimum flight altitudes for all operations carried out in accordance with IFR and all scheduled public air transport service operations, as well as the methods to determine such minimum flight altitudes for all route segments to be flown which provide the required terrain clearance, taking into account the operating limitations referred to in Subpart 8. (2) mum flight altitudes - The operator shall take into account, when establishing mini- (a) the accuracy with which the position of the helicopter can be determined; (b) I" the probable inaccuracies in the indications of the altimeters used; . 82 Government Gazette 27 August 1997 (c) the characteristics of the terrain along the routes or in the areas where operations are to be conducted; No. 1668 (d) the probability of encountering unfavourable meteorological conditions; and (e) possible inaccuracies in aeronautical charts. (3) In complying with the provisions of subregulation (2) the operator shall consider - (a) corrections for temperature and pressure variations from standard values; (b) the air traffic control requirements; and (c) any contingencies which may occur along the planned route. Heliport operating minima 127.07.7 establish (1) The operator of a commercial air transport helicopter shall operating minima in accordance with the provisions of heliport subregulations (2), (3), (4) and (5) and in conjunction with the instrument approach and landing charts for each heliport and aerodrome intended to be used either as destination or as an alternate. (2) The operator shall establish heliport operating minima for each heliport and aerodrome planned to be used, which shall not be lower than the values ~s prescribed in Document NA-CATS-OPS 127. '" No. 1668 (3) Government Gazette 27 August 1997 The method of determining heliport operating minima shall 83 be approved by the Director. (4) The heliport operating minima established by the operator shall not be lower than any heliport operating minima established by the authority of a State in which the heliport concerned is located: Provided that if such authority approves such lower heliport operating minima established by the operator, the lower heliport operating minima shall apply. Offshore operations 127.07.8 (1) The operator of a commercial air transport helicopter shall ensure that, in the case of flights over water - (a) radio contact is maintained with his or her shore base or other flight-monitoring station; (b) a full complement of crew to operate the helicopter and its safety equipment under normal and emergency f'""\ I conditions; and (c) the helicopter is equipped for flights over water in terms of these regulations. (2) In the case of a single reciprocating engine helicopter - (a) flights shall be limited to five nautical miles seaward from shore base; '" . (b) no flights shall be undertaken except by day and under 84 Government Gazette 27 August 1997 VMC, and no flight shall be commenced which cannot be completed at least one hour before last light; No. 1668 (c) a back-up helicopter or rescue craft, which is suitably manned and equipped for air and sea rescue operations and which is fully operational, shall be on stand-by at the shore base with survival and rescue equipment on board, adequate for the rescue of the passengers and crew of the helicopter for which it is on stand-by. (3) In the case of a single turbine engine helicopter - (a) flights shall be limited to 50 nautical miles seaward from shore base; (b) no flights shall be undertaken except during day and under VMC; (c) for flights over water from five up to 15 nautical miles sufficient survival dinghies are carried in such a manner that they will be instantly accessible at the time of ditching; and (d) for flights over water of more than 15 nautical miles a back-up helicopter or rescue craft, as prescribed in subregulation (2)(c), shall be available for search and rescue purposes. (4) In the case of multi-engine helicopters the operator shall com- ply with the provisions of subregulation (1) and in addition, if a flight is to be under. '" No. 1668 Government Gazette 27 August 1997 taken at night or under IMC, shall ensure that - 85 (a) the helicopter is equipped for IFR operations; and (b) functioning area or on-board navigational aids are available. (5) For the purpose of this regulation 'shore base' shall mean the site from which the flight over water is commenced or supported. Smoking in helicopter 127.07.9 No person shall smoke in a Namibian registered helicopter when such helicopter is operated on a scheduled public air transport service has departed from and will be landing within Namibia. Fuel policy 127.07.10 (1) The operator of a commercial air transport helicopter shall establish a fuel policy for the purpose of flight planning and in-flight replanning to ensure that every flight carries sufficient fuel for the planned operation and reserve fuel to cover deviations from the planned operation. (2) based upon - The operator shall ensure that the planning of a flight is only (a) procedures, tables or graphs which are contained in or derived from the operations manual rt: