| (1) |
An air service operator shall be responsible for the following: |
| (a) |
to establish a scheme for management of flight time and duty periods, rest periods, and days free of duty as applicable, for each flight crew member, cabin crew member, and flight operations officer, that— |
| (i) |
complies with the flight time and duty period limitations, rest periods, and days free of duty as prescribed in Document SA-CATS 135; or |
| (ii) |
implement a system of flight time and duty period limitations, rest periods, and days free of duty proposed by an air service operator where the Director is of the opinion that an equivalent level of safety may be achieved by an air service operator’s proposed scheme. |
| (b) |
provide relevant scientific data for supporting such proposed scheme; |
| (c) |
publish a proposed scheme in an operations manual referred to in regulation 135.04.2; |
| (d) |
ensure that flight duty periods are planned in a way that enables crew members to remain sufficiently free from fatigue so that crew members operate in a satisfactory level of safety under all circumstances; |
| (e) |
specify reporting times that allow sufficient time for ground duties; |
| (f) |
take into account the relationship between the frequency and pattern of flight duty periods and rest periods, and give consideration to the cumulative effects of undertaking long duty hours combined with minimum rest periods; |
| (g) |
allocate duty period which avoid practices that cause a serious disruption of an established sleep or work pattern, such as alternating day or night duties; |
| (h) |
provide rest periods of sufficient time to enable crew members to overcome the effects of previous duties and be rested by the start of the following duty period; |
| (i) |
plan recurrent extended recovery rest periods and notify crew members in advance; |
| (j) |
plan flight duties in order to be completed within the allowable flight duty period taking into account the time necessary for pre-flight duties, the sector and turnaround times, as well as post-flight duties; |
| (k) |
to assign a home base to each crew member; |
| (l) |
not to assign a duty, if such assignment is not in compliance with the provisions of a scheme referred to in this regulation or if— |
| (i) |
an air service operator knows or has been made aware that such flight assignment shall cause a crew member to exceed flight time and duty periods referred to in this regulation while on flight duty; or |
| (ii) |
a crew member, having regard to the circumstances of a flight to be undertaken, is suffering from or likely to suffer from fatigue which may endanger the safety of an aircraft or its crew members and passengers. |
[Regulation 135.02.9(1) substituted by section 22(a) of the Thirty-Third Amendment of the Civil Aviation Regulations, 2026, Notice No. 7844, GG55226, dated 21 August 2026 and shall come into operation upon Publication in the Government Gazette, save for Part 92, which shall come into operation upon the Proclamation by the President of the Civil Aviation Amendment Act, 2021 (Act No. 22 of 2021]
| (a) |
not accept an assignment if such assignment is not in compliance with the provisions of a scheme referred to in subregulation (1) or if such crew member— |
| (i) |
knows or has been made aware that such flight assignment may cause such crew member to exceed flight time and duty periods referred to in subregulation (1) while on flight duty; or |
| (ii) |
knows or suspects that such a crew member is suffering from fatigue or feels otherwise unfit, to the extent that a flight may be endangered. |
[Regulation 135.02.9(2) substituted by section 22(a) of the Thirty-Third Amendment of the Civil Aviation Regulations, 2026, Notice No. 7844, GG55226, dated 21 August 2026 and shall come into operation upon Publication in the Government Gazette, save for Part 92, which shall come into operation upon the Proclamation by the President of the Civil Aviation Amendment Act, 2021 (Act No. 22 of 2021]
| (3) |
Where a flight crew member, cabin crew member, or flight operations officer is aware of any reason that would be in violation of a scheme referred to in subregulation (1), such flight crew member, cabin crew, or flight operations officer shall, without delay, inform an air service operator through the means stipulated by such air service operator. |
[Regulation 135.02.9(3) substituted by section 22(a) of the Thirty-Third Amendment of the Civil Aviation Regulations, 2026, Notice No. 7844, GG55226, dated 21 August 2026 and shall come into operation upon Publication in the Government Gazette, save for Part 92, which shall come into operation upon the Proclamation by the President of the Civil Aviation Amendment Act, 2021 (Act No. 22 of 2021]
| (4) |
For the purposes of this regulation, an air service operator shall include— |
| (a) |
responsible management personnel of such air service operator; |
| (b) |
a duty crew scheduler of an air service operator; |
| (c) |
a duty person responsible for operational control over a flight; and |
| (d) |
in the case of a cabin crew member, a PIC or such cabin crew member’s immediate supervisor. |
[Regulation 135.02.9(4) substituted by section 22(a) of the Thirty-Third Amendment of the Civil Aviation Regulations, 2026, Notice No. 7844, GG55226, dated 21 August 2026 and shall come into operation upon Publication in the Government Gazette, save for Part 92, which shall come into operation upon the Proclamation by the President of the Civil Aviation Amendment Act, 2021 (Act No. 22 of 2021]
| (5) |
A crew member shall plan and use rest periods responsibly and make optimum use of opportunities and facilities provided for rest. |
[Regulation 135.02.9(5) inserted by section 22(a) of the Thirty-Third Amendment of the Civil Aviation Regulations, 2026, Notice No. 7844, GG55226, dated 21 August 2026 and shall come into operation upon Publication in the Government Gazette, save for Part 92, which shall come into operation upon the Proclamation by the President of the Civil Aviation Amendment Act, 2021 (Act No. 22 of 2021]
| (6) |
When undertaking duties for more than one air service operator, a crew member shall— |
| (a) |
maintain his or her individual records regarding flight and duty times and rest periods as prescribed in Document SA-CATS 135; and |
| (b) |
provide each air service operator with data required to schedule activities in accordance with requirements prescribed in Document SA-CATS 135. |
[Regulation 135.02.9(6) inserted by section 22(a) of the Thirty-Third Amendment of the Civil Aviation Regulations, 2026, Notice No. 7844, GG55226, dated 21 August 2026 and shall come into operation upon Publication in the Government Gazette, save for Part 92, which shall come into operation upon the Proclamation by the President of the Civil Aviation Amendment Act, 2021 (Act No. 22 of 2021]
Foodstuffs, Cosmetics and Disinfectants Act, 1972
