Regulatory Matters in South Africa

Developments and Challenges

Albert V. Msithini: Manager- Unmanned Aircraft Systems

RPAS Seminar-Lima: 19 April 2012

Brief Overview

• Broad Structure

• SACAA Mandate & Responsibility

• Organizational Achievements

• Formation of the UAS Program Office July 2008

• Establishment of the Unmanned Aircraft Systems Standards

Working Group (UASSWG)

• Purpose of the UASSWG

• Developments by the UASSWG

• Recommendation by the SACAA Legal division

• Interim Technical Guidance Material (SACAA)

• Challenges

• Way forward

Broad Structure

Quote: Hon Minister ‘Statement’

of Acknowledgement July 2010’

“

Civil Aviation, in particular air transport, is one of the

world’s most important service industries. . . it is vital to

ensure South Africa’s effective participation in the

provision of orderly, safe and secure air transport

services . . . This White Paper on National Civil

Aviation Policy is the culmination of the tireless and

enthusiastic efforts by officials in my Department, other

government departments as well as members of the

civil aviation and tourism industries, labour unions

and various non-governmental organisations.”

SACAA Mandate

RESPONSIBILITY

The SACAA has been mandated and

empowered by the Civil Aviation Act No

13 of 2009, to regulate and control the

airworthiness and environmental

compatibility of all aircraft as well as the

safety regulation of their operations and

flight crew.

• ICAO Safety Oversight Audit conducted 5th -

16th July 2007

• Scored 8 to 9 out of 10 for all 8 Critical

Elements

• Well above world average

• FAA International Aviation Safety Assessment

Audit 30th July - 2nd August 2007.

• Retained FAA Category 1 status (7th

January 2008)

Organizational Achievements

Establishment of the UASSWG

The demand for civil use of RPAS in

South Africa led to the SACAA, through

the standing consultative processes, to

designate a group of experts from local

industry and other interested individuals.

This was endorsed in July 2008, by the

Commissioner (now DCA) – the

UASSWG born!

Purpose for UASSWG

To assist, the SACAA through legally

recognized channels to develop a

regulatory framework on RPAS, and

deliver robust standards that ensure the

safety and regularity of RPA operations /

missions in South Africa.

Developments by UASSWG

• Terms of Reference Drafted and

Approved (internal process)

• Draft Interim Policy on UAS - 2009

(not approved but placed website)

The White Paper on National Civil

Aviation Policy 2010 – 9 July 2010

(endorsed by the Minister)

Recommendation by the Legal

Division 2011/12 • There is urgent need to develop a guiding document

based (for practical purposes) on the White Paper on

National Civil Aviation Policy July 2010.

• In the absence of dedicated regulations/domestic law,

the SACAA is obliged to generate an interim

technical guidance material based on reputable

guidance documents/leaflets –ICAO Circular 328,

and other regulators guidance documents on RPAS.

Recommendation by the Legal

Division 2011/12 • The SACAA must support the evolution

of RPAS to civil airspace.

• The SACAA must cautiously ensure

industry development and

transformation.

The SACAA as a State organ is not an

observer, but a full ‘participant’

Interim Technical Guidance

Material (SACAA) Derived from the White Paper On National

Civil Aviation Policy 2010

Based on Various International Certification

Standards & Guidance leaflets - Cir. 328.

EASA E.Y013-01, RTCA DO-304, FAA

documents, UK CAP 722, STANAG 4671.

Alternate Means of Compliance done through

an Exemption Process in terms of CAR 11

Excludes Model Aircraft

Interim Technical Guidance

Material (SACAA) Follow the Guidance of Articles of Chicago

Convention

Based on Existing requirements (CARs)

• Registration requirements – CAR 47 & Annex 7

• Certificate of Airworthiness Requirements – CAR 21

& Annex 8

i. standard,

ii. restricted,

iii. Experimental; and

iv. special flight permit.

Validity and type handled on a case-by-case!

• Air Operators and Pilots – CAR 61, 65, & 67 Annex

1, 6 & 8

i. Air Operator Certificate - organization requirements

ii. Pilot licensing requirements

iii. Pilot training requirements

iv. Medical certificate requirements

Validation and acceptance of non-SA licenses / license-

holders, other licenses issued by reputable entity (e.g.

SAAF) will follow existing validation polices &

procedures and will be handled on a case-by-case!

Interim Technical Guidance

Material (SACAA)

Interim Technical Guidance

Material (SACAA) Air Traffic Management & Frequency

Spectrum allocation – SACAA CNS DIV

• Existing ATS/ATM/ ATC rules apply CAR

171, & 172 , Annex 10 & 11– unless stated

otherwise!

i. Air-to-ground link between RPA & RPS

ii. Air-to-ground link between ATS/ATC and RPA

iii. Communication link between RPAS pilot and

ATS/ATC station

iv. Personnel training for ATS/ATC

Interim Technical Guidance

Material (SACAA) Aviation Security (AVSEC) and

Dangerous Goods considerations • The SACAA AVSEC division not prepared to allow

operations until further research proves otherwise.

• Project was started by industry for medical research

purposes NHLS

• The SACAA legal division has recommended that

the process be reviewed and handled as per the new

TGM (now under review by affected divisions)

Interim Technical Guidance

Material (SACAA)

Proposed Classifications / Categorizations

• Below 150kg as a starting point

• Shall take into account: size, weight,

complexity, human factors, airspace

requirements, & operational characteristics

• The SACAA shall handle and determine

class on a case-by-case basis

Interim Technical Guidance

Material (SACAA) • The following shall apply as a start: i. Very small RPA: 0 to 2kg VLOS, VRF only

ii. Small RPA: Above 2kg to 20kg VLOS/BVLOS and

VFR/IFR operations

iii. Light RPA: Above 20kg to 150kg VLOS/BVLOS and

VFR/IFR operations

iv. Above 150kg: VLOS/BVLOS, VFR/IFR, additionally RLOS

/BRLOS

Interim Technical Guidance

Material (SACAA) • Category of operations to be based on:

i. Commercial air transport (freight)

ii. Commercial aerial work (for remuneration)

iii. Corporate aerial work (Eskom for power

lines inspections, mines surveys etc.)

Note. Classifications and Categorizations

applied flexibly until a certain acceptable

level of maturity is attained by the SACAA

and industry!

Challenges

• UASPO ‘positioned’ in obscure territory in

overall structure – SM: CE . . .

• SACAA technical resources – Only one unit,

and one resource

• Inter-departmental support – affected

sections tend to shy away from new techn.

• Partial support from NDOT, hence slow

response by the SACAA Exec.

Challenges

• The SACAA is being led: Primary obligation

is questioned – UAS seminar February 2012

• Numerous demands from ex-military to civil

RPAS operational demands!

• Owners / operators of model aircraft doing to

commercial activity

• Many non-aviation businesses and entities

importing RPAS – guidance in aviation

perspective not easily achievable

Challenges

Fee structure/related issues

i. For C of A currency – weight category

ii. Pilots licenses: same as above & type

iii. Medical; classifications ? ? ?

iv. Auditing / Inspection teams selection due to

specialization – 121,127, or 135

v. Fixed or hourly rates

Due to politics; e.g. Acting Positions in Exec

from top to SM level . . .

Way forward

• Full industry support – available and ready

(seminar February 2012)

• SACAA to finalize interim TGM ASAP –

May 2012?

• SACAA must still recruit suitable

resources for all divisions - !

• Full SACAA support for the progress of

on-going projects – NHLS & Seeker

Contact Details

The South African Civil Aviation Authority

Unmanned Aircraft Systems

Tel: +2711 545 1000 Ext. 1125 &1207

Fax: + 2786 584 2326

E-mail: rpas@caa.co.za

Website: www.caa.co.za

Thank you!

Questions? Comments &

Observations!