Foodstuffs, Cosmetics and Disinfectants Act, 1972
R 385
Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 96 : Commercial Operation of Non-Type Certificated AircraftSubpart 4 : Operating Certificate96.04.4 Validity and status of operating certificate |
[Regulation 96.04.4 heading substituted by section 12(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]
| (1) | An operating certificate shall be valid for a period determined by the Director, which period shall not exceed five years, calculated from the date it is issued, provided that it is not voluntarily surrendered to the Director or otherwise suspended or cancelled by the Director. |
| (2) | Unless otherwise specified by the Director, a holder of an operating certificate shall be subject to a continuing surveillance programme and such operating certificate shall remain valid and in force for a period not exceeding five years. Provided that a holder of an operating certificate— |
| (a) | submits to the Director, 90 days before the expiry date of the operating certificate, an appropriate application for renewal and renewal fee as prescribed in Part 187; |
| (b) | submits, 60 days before the expiry of an OpSpec, an appropriate application for renewal and annual currency fee as prescribed in Part 187; |
| (c) | has successfully resolved any finding made against such holder pursuant to audits and inspections carried out by the Authority; and |
| (d) | continues to meet the requirements for the issuance of an operating certificate as prescribed in Document SA-CATS 96. |
| (3) | Failure to comply with the provisions of subregulation (2), shall result in a holder of an operating certificate being ineligible to exercise the privileges of an operating certificate. |
| (4) | If a holder of an operating certificate becomes ineligible to exercise the privileges as referred to in subregulation (3), the Director shall notify such holder of the suspension of an operating certificate in writing, and such holder shall immediately surrender such operating certificate and OpSpec to the Director. |
| (5) | An operating certificate is not transferable. |
| (6) | A holder of an operating certificate who fails to comply with the requirements as provided in subregulation (2) or whose operating certificate or OpSpec is surrendered or suspended, shall acknowledge the reasons in writing within 15 working days of receipt and shall immediately return such operating certificate and OpSpec to the Director. |
| (7) | An operation in terms of this Part may only be conducted by a holder of a current operating certificate and OpSpec. |
| (8) | An operating certificate and OpSpec issued by the Director in terms of this Subpart shall be issued at least 15 days before expiry of such operating certificate or OpSpec. |
| (9) | A renewed operating certificate and OpSpec to be issued in terms of this Part shall be issued at least 15 days before expiry of the current operating certificate or OpSpec |
| (10) | In case of delays in the approval of an operating certificate or OpSpec in terms of subregulation (9), the Director may elect to issue a temporary certificate provided that there is no safety concern and the application requirements are met. |
[Regulation 96.04.4 substituted by section 12(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]