Approved Persons Accountability and Legal Liability

1
Approved PersonsAccountability and Legal
Liability

• Neil de Lange
• 23 January 2009

2
The Call for Airworthiness

• 24.01.2 (1) Before a non-type certificated
  aircraft .. is considered to be airworthy it
  shall
• (a) have been issued with
• (i) an Authority to Fly or a Proving
  Flight Authority, as the case may
  be, in terms of this Part and
• (ii) a valid certificate of Release to Service
  
• (b) have been maintained in accordance with
  the provisions of this Part and of Part 43, as
  applicable
• 24.01.5 (1) The owner of a non-type
  certificated aircraft for which an Author-
• ity to Fly is required in terms of these
  regulations shall
• (b) ensure that the non-type certificated
  aircraft is maintained in compliance with its
  Approved Maintenance Schedule or similar
  document and

3
AtF

• 24.02.1 (1) (a) Any owner of a non-type
  certificated aircraft, or his authorised
• representative, may apply for the issuing of an
  Authority to Fly for the aircraft,
• (a) made to the Commissioner or, if applicable,
  the organization designated
• for the purpose in terms of Part 149 of these
  Regulations, as the case
• may be, on the form prescribed in Document
  SA-CATS-NTCA
• (b) accompanied by
• (i) ..
• (ii) proof of compliance with the provisions of
  Regulation 24.01.2(5)
• (iii) the aircraft logbook/s or similar
  document, or certified true copies
• of all entries
• .

4
Annual Inspections

• 24.03.2 (1) A non-type certificated aircraft,
  specified in sub-regulation 24.01.1(1) and
  classified in paragraphs (a) to (g) of
  sub-regulation 121.01.1(2), shall undergo an
  annual inspection not later than 365 days since
  the previous annual inspection, or an inspection
  equivalent to an annual Inspection, was carried
  out.

5
Administration

• 24.03.2 (3) The annual inspection shall be
  recorded in the aircraft logbook and certified by
  the organisation or person by whom, or under
  whose direct supervision, the annual inspection
  was carried out.

6
Administration

• 24.03.2 (4) Within fourteen days from the day
  that the annual inspection is completed, the
  annual inspection form shall be completed and
  forwarded to the Commissioner or, if applicable,
  the organisation designated for the purpose in
  terms of Part 149 of these Regulations, as the
  case may be, together with the currency
  prescribed in Regulation 24.02.8.

7
Applicability to the AP

• 66.10.1 This subpart shall apply to the issuing
  of approvals to natural persons, other than
  licensed aircraft maintenance engineers, licensed
  pilots and persons authorised by the holder of an
  aircraft maintenance organisation approval, to
  carry out maintenance on South African registered
  non-type certificated aircraft, their engines,
  components and equipment.

8
Competency - AP

• 66.10.5 The holder of an approved person
  certificate shall not exercise the privileges
  granted by the approval and rating unless such
  holder maintains competency by complying with the
  appropriate requirements prescribed in this Part.

9
Liability

• 66.10.16 Privileges and limitations
• Any inspection carried out on a non-type
  certificated aircraft in terms of regulation
  24.01.8 shall be of a conditional nature in that
  the approved person carrying out the inspection
  shall not be required to guarantee the
  airworthiness of the aircraft.
• (4) Whenever an authorised person issues a
  release of service for a non-type certificated
  aircraft he or she thereby certifies that he or
  she is satisfied that
• the aircraft and all its equipment are in every
  way serviceable for flight and that all
  maintenance has been carried out in accordance
  with the Regulations and with the aircraft's
  approved maintenance schedule.

10
Confirmation in Part 94

• 94.01.2 (1) No person shall operate a non-type
  certificated aircraft unless
• (a) in the case of aircraft classified in the
  paragraphs (a) to (g) of sub-
• regulation 24.01.1(2) for such aircraft an
  Authority to Fly or Proving
• Flight Authority has been issued in terms of
  these regulations
• (b) the aircraft is in an airworthy condition
  and

11
Professional Duties of the AP

• The Regulations calls for both technical advice
  and administration (to the owner and the
  authority).
• Administrative Justice rules may apply.
• Delict of duty - what now?
• What about oversight and negligence?

12
Professional Indemnity Insurance

• The AP scheme is run under the auspices of the
  Aero Club of South Africa by a dedicated
  technical committee
• The Aero Club may be exposed jointly and
  severely with the AP in a claim for damages
• The Aero Club outsourced the risk and,
• The Aero Club insured its legal liability.

13
The Policy

• The insured
• The Aero Club of South Africa, and ALL its
  sections separately.
• All members engaged or employed to exercise any
  administrative function or render any admin
  advice and who may be said to act in any admin
  Professional Capacity in associated companies
  (sections) listed above will be covered by this
  policy.
• Any losses (aviation) resulting from an admin
  error, admin negligent or admin omission will be
  covered.

14
Endorsed exclusion

• The rendering of advise in the ordinary conduct
  of providing flight training in any form or any
  admin operation aviation risk is excluded.

15
Participation

• All APs functioning within the program run by the
  Aero Club Technical Committee have automatic
  cover.

16
Conclusion

• The regulations are amended from time to time
• Be informed of such amendments
• Be diligent in the inspection process
• Be part of the preservation of Free Flight

17

• Preserving Free Flight
• Thank You !