Employment Equity Act, 1998
R 385
Air Services Licensing Act, 1990 (Act No. 115 of 1990)22. Operating certificate |
| (1) | A licensee shall apply to the Commissioner for Civil Aviation on the prescribed form for the issuing of an operating certificate. |
| (1A) | A licensee shall apply to the Commissioner for Civil Aviation in the prescribed manner for the approval of an operations manual. |
[Section 22(1A) inserted by section 9(a) of Act No. 83 of 1995]
| (2) | An application in terms of subsection (1) shall be accompanied by the prescribed particulars and documents. |
[Section 22(2) substituted by section 9(b) of Act No. 83 of 1995]
| (3) | In considering such application the Commissioner for Civil Aviation may conduct the investigation he deems necessary. |
| (4) | The Commissioner for Civil Aviation shall issue an operating certificate to a licensee on the prescribed form if that licensee satisfies the Commissioner for Civil Aviation that he will not operate the air service concerned contrary to any provision of this Act, the Aviation Act, 1962 (Act No. 74 of 1962), or the Civil Aviation Offences Act, 1972 (Act No. 10 of 1972). |
| (5) | If the Commissioner for Civil Aviation is not thus satisfied, he shall notify the licensee thereof, stating his grounds in the notification, and grant the licensee the opportunity to rectify or supplement any defect within the period determined by the Commissioner for Civil Aviation, after which period the Commissioner for Civil Aviation shall grant or refuse the application concerned. |
| (6) | An operating certificate shall, subject to the provisions of subsection (7), be valid for such period as may be determined by the Commissioner for Civil Aviation: Provided that such period shall not exceed a period of twelve months from the date of issuing thereof. |
[Section 22(6) substituted by section 2 of Act No. 15 of 1992]
| (7) | If the holder of an operating certificate applies, at least 30 days before the expiry thereof, for a new operating certificate, that first-mentioned operating certificate shall, notwithstanding the provisions of subsection (6), remain in force until such holder is notified by the Commissioner for Civil Aviation of the result of his application for a new operating certificate. |
(8)
(a) If the Commissioner for Civil Aviation is of the opinion—
| (i) | that the holder of an operating certificate is operating the air service concerned contrary to the laws mentioned in subsection (4); or |
| (ii) | that the particulars and documents furnished in terms of subsections (1) and (2) are defective and misleading, |
the Commissioner for Civil Aviation may suspend that operating certificate: Provided that the Commissioner for Civil Aviation shall only suspend such operating certificate after he has given the holder thereof the opportunity to make representations and to show cause, within the period determined by him, why that operating certificate should not be suspended.
| (b) | Upon the expiry of the period referred to in paragraph (a), which period shall not be less than 21 days, the Commissioner for Civil Aviation may suspend the operating certificate concerned for such period and on such conditions as he may determine. |
| (c) | The Commissioner for Civil Aviation shall notify the council of a suspension referred to in paragraph (b). |
[Section 22 substituted by section 3 of Act No. 15 of 1992]
