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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 135 : Air Transport Operations - Carriage of less than 20 passengers or cargo

Subpart 7 : Flight Operations

Division Two : Dispatch and flight release rules

135.07.25 Surface contamination programme

 

(1) No person shall conduct or attempt to conduct a take-off in an aeroplane that has frost, ice or snow adhering to any of its critical surfaces.

 

(2) Notwithstanding subregulation (1), a person may conduct a take-off in an aeroplane that has frost adhering to the underside of its wings that is caused by cold-soaked fuel, if the take-off is conducted in accordance with the aeroplane manufacturer's instructions for take-off under such conditions.

 

(3) Where conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, no person shall conduct or attempt to conduct a take-off in an aeroplane unless the operator has established an aeroplane inspection programme in accordance with a critical surface contamination programme approved by the Director and the dispatch and take-off of the aircraft are in accordance with that programme.

 

(4) The inspection referred to in subregulation (3) shall be performed by—
(a) the PIC;
(b) a flight crew member of the aircraft who is designated by the PIC; or
(c) a person, other than a person referred to in paragraph (a) or (b), who—
(i) is designated by the operator of the aeroplane; and
(ii) has successfully completed a critical surface contamination training programme approved for such the operator.

 

(5) Where, before commencing take-off, a crew member of an aeroplane observes that there is frost, ice or snow adhering to the wings of the aeroplane, the crew member shall immediately report that observation to the PIC and the PIC, or a flight crew member designated by the PIC, shall inspect the wings of the aeroplane before take-off.

 

(6) Before an aeroplane is de-iced or anti-iced, the PIC of the aeroplane shall ensure that the crew members and passengers are informed of the decision to do so.

 

(7) An operator is not required to have the programme specified in subregulation (3) if it includes a statement in its operations manual that the operator will not dispatch its aeroplane into any region or country where it could be reasonably expected that surface contamination could at anytime form on the aeroplane, while parked or operating on the ground.