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

Regulations

Civil Aviation Regulations, 2011

Part 172 : Airspace and Air Traffic Services

Subpart 1 : General

172.01.4 Requirement for ATSU approval

Purchase

(1)	An ATSU shall not provide air traffic services including—

(a)	aerodrome control services;

(b)	approach control services;

(c)	area control services;

(d)	approach surveillance services;

(e)	area surveillance control services;

(f)	Flight information services; and

(g)	aerodrome flight information service,

in those portions of airspace and an aerodrome determined by the Director in terms of regulation 172.01.2, except under the authority of and in accordance with the provisions of an ATSU approval issued under this Part.

(2)	An initial ATSU approval shall be processed in the following manner:

(a)	a need for the provision of ATS or discontinuation thereof shall be submitted to the Director for approval and shall be initiated by a letter of intent followed by a formal application; and

(b)	a formal application shall be accompanied by the following:

(i)	fees as prescribed for in Part 187;

(ii)	a manual of procedure;

(iii)

a detailed business case which is inclusive of a safety case and risk assessment; and

(iv)	a transition plan in line with the requirements provided in Part 172.

(3)	Upon approval by the Director of a manual procedure, detailed business case and transition plan in terms of this Part, an audit of the ATSU shall be conducted.

(4)	Once an audit in terms of subregulation (3) is successfully conducted, the Director shall issue an ATSU approval certificate for a period of six months.

(5)	The Authority shall conduct a follow-up inspection within a period of six months to verify compliance with Parts 65, 140, and 172.

(6)	Once the Director is satisfied with the outcome of a follow-up inspection, the Director may extend a validity period of an ATSU approval certificate for a further period of 12 months.

[Regulation 172.01.4 substituted by section 33(c) 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]