CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (SEARCH AND RESCUE) REGULATIONS
(section 89)
(18th September, 2020)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
PART II
Search and Rescue Organisation
4. Search and rescue services
5. National Search and Rescue Co-ordination Committee
6. Functions of National Search and Rescue Co-ordination Committee
7. Search and rescue regions
8. Manual
9. Registration of emergency locator beacons
10. Rescue Co-ordination Centres and Rescue Sub-centres
11. Functions of Rescue Co-ordination Centres and Rescue Sub-centres
12. Procedures for Rescue Co-ordination Centres
PART III
Co-operation and Co-ordination of Search and Rescue Services
13. Co-operation between states
14. Search and rescue letters of agreement
15. Co-operation with other services
16. Dissemination of information
PART IV
Preparatory Measures
17. Preparatory information
18. Search and rescue plans of operation
19. Search and rescue units
20. Training and exercises
21. Wreckage
PART V
Operation Procedures
22. Information concerning emergency
23. Procedure for Rescue Co-ordination Centre during emergency phase
24. Procedure where responsibility for operations extends to two or more contracting states
25. Procedure for authorities in the field
26. Procedure for Rescue Co-ordination Centres – termination and suspension of operations
27. Procedure at scene of accident
28. Procedure for pilot-in-command
29. Search and rescue signals
30. Requisitioning of aircraft and vessels
31. Search and rescue communications
32. Search and rescue equipment
33. Reporting of aircraft or vessel in distress
PART VI
General Provisions
34. Maintenance of records
35. Recovery of certain expenses
36. Failure to comply with direction or instructions
37. Offences and penalties
38. Revocation of S.I. No. 19 of 2012
19 of 2012,
S.I. 121, 2020.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Civil Aviation (Search and Rescue) Regulations.
In these Regulations, unless the context otherwise requires—
“alert phase” means a situation where apprehension exists as to the safety of an aircraft and its occupants;
“alerting post” means any facility intended to serve as an intermediary between a person reporting an emergency and a Rescue Co-ordination Centre or Rescue Sub-centre;
“distress phase” means a situation where there is a reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger and require immediate assistance;
“ditching” means a forced landing of an aircraft on water;
“emergency phase” includes uncertainty phase, alert phase or distress phase;
“operator” means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;
“pilot-in-command” means a pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;
“requisition” means an official order laying claim to the use of an aircraft for search and rescue purposes;
“rescue” means an operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a place of safety;
“Rescue Co-ordination Centre” means a unit responsible for promoting efficient organisation of search and rescue services, and for co-ordinating the conduct of search and rescue operations within a search and rescue region;
“Rescue Sub-centre” means a unit subordinate to a Rescue Co-ordination Centre, established to complement the latter according to particular provisions of the responsible authorities;
“search” means an operation normally co-ordinated by a Rescue Co-ordination Centre or Rescue Sub-centre using available personnel and facilities to locate persons in distress;
“search and rescue aircraft” means an aircraft provided with specialised equipment suitable for the efficient conduct of search and rescue missions;
“search and rescue facility” means any mobile resource, including designated search and rescue units, used to conduct search and rescue operations;
“search and rescue region” means an area of defined dimensions, associated with a Rescue Co-ordination Centre, within which search and rescue services are provided;
“search and rescue service” means the performance of distress monitoring, communication, co-ordination and search and rescue functions, initial medical assistance or medical evacuation, through the use of public and private resources, including co-operating aircraft, vessel, other craft and installations;
“search and rescue unit” means a mobile resource composed of trained personnel provided with equipment suitable for the expeditious conduct of search and rescue operations;
“state aircraft” includes an—
(a) aircraft used or commanded by the Botswana Defence Force, the Botswana Police Service, Department of Wildlife and National Parks, Directorate of Intelligence and Security or customs service; and
(b) aircraft used in the military, security, customs or police service of a foreign state;
“state of registry” means the state in whose register an aircraft is entered; and
“uncertainty phase” means a situation where uncertainty exists as to the safety of an aircraft and its occupants.
These Regulations shall apply to—
(a) an organisation responsible for the maintenance and operation of search and rescue services in Botswana and in areas over which Botswana has been given responsibility for the regional air navigation plan; and
(b) all aircraft requiring search and rescue services.
PART II
Search and Rescue Organisation (regs 4-12)
(1) The Authority shall arrange for the establishment and prompt provision of search and rescue services within Botswana to ensure that assistance is rendered to persons in distress, and such services shall be provided on a 24 hour basis.
(2) The Authority may make arrangements to co-operate with other States.
(3) The Authority shall when establishing search and rescue services referred to in subregulation (1)—
(a) ensure availability of resources, communication facilities and skilled manpower to co-ordinate and provide the search and rescue functions; and
(b) establish a process to improve service provision, including the aspects of planning domestic and international co-operative arrangements and training.
(4) The Authority shall provide assistance to an aircraft in distress and to survivors of aircraft accidents, regardless of the nationality or status of such persons, or the circumstances in which such persons are found.
(5) The Authority shall use search and rescue units and other available facilities to assist any aircraft or its occupants that are or appear to be in a state of emergency.
5. National Search and Rescue Co-ordination Committee
(1) There is hereby established a committee to be known as the National Search and Rescue Co-ordination Committee which shall consist of the following members—
(a) the Commander or a representative of the Botswana Defence Force;
(b) the Commissioner of Police or a representative of the Botswana Police Service;
(c) the Chief Immigration Officer;
(d) the Director of Wildlife and National Parks;
(e) the Director of National Health Services;
(f) the Director of Meteorological Services;
(g) the Director of Airport Services or a representative from aerodrome operators;
(h) the Commissioner General or a representative from Botswana Unified Revenue Service;
(i) the Permanent Secretary or a representative from the ministry responsible for international affairs and co-operation;
(j) the General Manager or a representative from Air Botswana; and
(k) a representative from the—
(i) private health sector,
(ii) aviation industry, and
(iii) telecommunications industry.
(2) The Permanent Secretary to the Minister responsible for transport and communications shall be the Chairperson of the National Search and Rescue Co-ordination Committee and in his or her absence, the Permanent Secretary’s delegate shall be the Chairperson.
(3) The objective of the National Search and Rescue Co-ordination Committee shall be to direct and ensure a co-ordinated and effective search and rescue service within the search and rescue regions established under regulation 7.
6. Functions of National Search and Rescue Co-ordination Committee
(1) The National Search and Rescue Co-ordination Committee shall, within its means and capabilities, co-ordinate its resources to search, assist and where appropriate, effect a rescue operation for a—
(a) survivor of an aircraft crash or forced landing; and
(b) survivor of any state aircraft accident or incident where the aircraft is not engaged in an act of war.
(2) The functions set out in subregulation (1)(a), exclude salvage operations.
(3) The National Search and Rescue Co-ordination Committee in performing its functions shall—
(a) endeavour to co-operate with disaster management agencies established in terms of any law providing for the management of disasters;
(b) develop and recommend the national strategic search and rescue policy;
(c) co-ordinate administrative and operational matters regarding a search and rescue of an aircraft;
(d) provide an interface between the national and other regional and international organisations involved in search and rescue operations;
(e) oversee the implementation of the search and rescue plan for Botswana, and of procedures contained in the aeronautical search and rescue manual;
(f) co-ordinate arrangements for search and rescue training and exercises required by the search and rescue plan, including follow-up of actions recommended following the conduct of search and rescue exercises;
(g) promote effective use of all available facilities for search and rescue;
(h) serve as a co-operative forum to exchange information and develop positions and policies of interest to parties involved in the plan;
(i) promote close co-operation and co-ordination between civilian and military authorities and organisations for the provision of effective search and rescue services;
(j) improve co-operation among aeronautical, land search and rescue communities for the provision of effective search and rescue services;
(k) co-ordinate search and rescue exercises as necessary;
(l) ensure the availability of appropriately packed, droppable life support equipment that is securely positioned and maintained at strategic locations throughout the search and rescue region, and readily available for rapid loading onto search and rescue units; and
(m) determine other ways to enhance the overall effectiveness and efficiency of search and rescue services within Botswana, and to standardise search and rescue procedures and equipment where practicable, established in terms of any law providing for the management of disasters.
(4) The Committee shall meet at least three times a year to discuss matters related to its functions and to make any necessary recommendations to the Minister on matters affecting aeronautical search and rescue services.
(5) The Chairperson of the Committee may at any time and in co-ordination with the search and rescue service provider, call a special meeting of the Committee when circumstances so require, at a time and place to be determined and shall notify the members of the Committee in writing.
(6) A quorum for a meeting shall consist of one-third of the Committee members present.
(1) The Minister shall, by notice in the Gazette, publish the search and rescue regions within which search and rescue services shall be provided.
(2) The search and rescue regions published in accordance with subregulation (1), shall insofar as practicable, coincide with the Gaborone Flight Information Region and any relevant search and rescue agreements entered into with other states.
(3) The Authority shall publish the search and rescue regions referred to in subregulation (1), in the relevant aeronautical publications.
The National Search and Rescue Co-ordination Committee shall compile a manual, regarding search and rescue services and operation matters connected therewith, which it shall maintain and keep up to date.
9. Registration of emergency locator beacons
(1) The owner of any aircraft required to carry emergency locator beacons shall register such emergency locator beacons with the organisations or institutions designated in terms of regulation 10.
(2) The owner of any aircraft registered in Botswana which carries an emergency locator beacon shall register such emergency locator beacon with the organisations or institutions designated in terms of regulation 10.
10. Rescue Co-ordination Centres and Rescue Sub-centres
(1) Subject to subregulation (3), the Authority shall appoint—
(a) organisations or institutions to act as Rescue Co-ordination Centres;
(b) organisations or institutions to act as Rescue Sub-centres; or
(c) organisations or institutions to act as registrars and custodians of registers of emergency locator beacons referred to in regulation 9.
(2) The Authority shall designate a Rescue Co-ordination Centre in each search and rescue region.
(3) An appointment referred to in subregulations (1) and (2), shall be—
(a) made in accordance with an agreement reached with the applicable organisation or institution; and
(b) published by notice, by the Authority, in the Gazette as well as in relevant aeronautical publications.
(4) The organisations or institutions appointed in terms of subregulation (1)(a) and (b) shall, with the approval of the National Search and Rescue Co-ordination Committee, appoint their respective Heads.
(5) A Head of a Rescue Co-ordination Centre or Rescue Sub-centre shall establish and preside over an operations committee to discuss, evaluate and effect operational procedures.
(6) An operations committee shall consist of persons representing organisations controlling the resources available to that Rescue Co-ordination Centre or Rescue Sub-centre.
(7) A Rescue Co-ordination Centre or Rescue Sub-centre shall be staffed 24 hours a day by trained personnel proficient in the use of English and language used for radiotelephony communications.
11. Functions of Rescue Co-ordination Centres and Rescue Sub-centres
(1) A Head of a Rescue Co-ordination Centre or any person authorised by the Head of a Rescue Co-ordination Centre, shall be responsible for co-ordinating available resources for the purpose of searching, assisting and, where appropriate, effecting a rescue operation in that Rescue Co-ordination Centre’s search and rescue region.
(2) A Head of a Rescue Sub-centre shall assist the Head of a Rescue Co-ordination Centre in carrying out assigned duties in a particular area or instance.
(3) The appointment of a Rescue Co-ordination Centre referred to in regulation 10(2) does not preclude that Rescue Co-ordination Centre from—
(a) operating in another region; or
(b) performing the tasks of another Rescue Co-ordination Centre.
12. Procedures for Rescue Co-ordination Centres
(1) A search and rescue operation that has commenced shall continue, where practicable, until all survivors are delivered to a place of safety or until all reasonable hope of rescuing survivors has passed.
(2) A Rescue Co-ordination Centre shall be responsible for determining when to discontinue search and rescue operations.
(3) Where a search and rescue operation has been successful, or where a Rescue Co-ordination Centre considers or is informed that an emergency no longer exists, the centre shall—
(a) cancel the emergency phase;
(b) terminate the search and rescue operation; and
(c) promptly inform any authority, facility or service that has been notified or activated.
(4) Where a search and rescue operation becomes impracticable, and the Rescue Co-ordination Centre concludes that there might still be survivors, the Rescue Co-ordination Centre shall temporarily suspend on-scene activities pending further developments, and shall promptly inform any authority, facility or service which has been activated or notified.
(5) Where a Rescue Co-ordination Centre subsequently receives relevant information concerning a search and rescue operation that was terminated or temporarily suspended, the Rescue Co-ordination Centre shall evaluate the information, and the search and rescue operation shall be resumed when justified and it is practicable.
PART III
Co-operation and Co-ordination of Search and Rescue Services (regs 13-16)
13. Co-operation between states
(1) The Authority shall ensure that the search and rescue organisation is co-ordinated with those of neighbouring states.
(2) The Authority shall co-ordinate search and rescue operations with those of neighbouring states especially when these operations are proximate to adjacent search and rescue regions.
(3) The Authority shall develop common search and rescue plans and procedures to facilitate co-ordination of search and rescue operations with those of neighbouring states.
(4) The Rescue Co-ordination Centre shall permit immediate entry into its territory of search and rescue, units of other states for the purpose of searching the site for aircraft accidents and rescuing survivors of such accidents.
(5) The Authority, through the Rescue Co-ordination Centre shall—
(a) request from other Rescue Co-ordination Centres such assistance including aircraft, vessels, persons or equipment, as may be needed;
(b) grant any necessary permission for the entry of such aircraft, vessels, persons or equipment into its territory; and
(c) make the necessary arrangements with the appropriate customs, immigration or other authorities with a view to expedite such entry.
(6) The Rescue Co-ordination Centre shall, when requested, provide assistance to other Rescue Co-ordination Centres and co-ordinate any assistance required by those centres in the form of aircraft, vessels, persons or equipment.
(7) The designated aeronautical search and rescue agency shall make arrangements for—
(a) joint training exercises involving its aeronautical search and rescue unit and those of other states and operators, in order to promote aeronautical search and rescue efficiency; and
(b) periodic liaison visits, by personnel of its rescue co-ordination centres and sub-centres, to the centres of neighbouring states.
(8) The authorities of a contracting state who need their search and rescue unit to enter the territory of Botswana for search and rescue purposes shall transmit a request to the Rescue Co-ordination Centre, giving full details of the projected mission and the need for it.
14. Search and rescue letters of agreement
(1) The Authority and relevant government agencies and authorities shall establish letters of agreement with all search and rescue agencies of contiguous states to strengthen search and rescue co-operation and co-ordination.
(2) Subject to subregulation (1), the Authority shall set forth in the agreements, the conditions for entry of each other’s search and rescue units into respective territories, and shall ensure that these agreements provide for expediting entry of such units with the least possible formalities.
15. Co-operation with other services
(1) All aircraft, vessels and local services and facilities which do not form part of the search and rescue organisation shall co-operate fully with the search and rescue organisation, and extend any possible assistance to the survivors of aircraft accidents.
(2) The Authority shall ensure that its search and rescue services co-operate with units responsible for investigating accidents and with those responsible for the care of survivors who suffered from the accident.
(3) To facilitate accident investigation, rescue units shall when practicable, be accompanied by persons qualified in the conduct of aircraft accident and incident investigations.
(4) The Authority shall designate a search and rescue point of contact for the receipt of Cospas-Sarsat distress data.
16. Dissemination of information
(1) The Authority shall publish and disseminate all information necessary for the entry of search and rescue units of other states into the territory of Botswana.
(2) The information referred to in subregulation (1), may also be included in search and rescue service arrangements.
(3) The Authority shall make available, through the Rescue Co-ordination Centre or other agencies, information regarding search and rescue plans of operation.
(4) The Authority shall, to the extent desirable and practicable, disseminate information to the general public and emergency response authorities regarding actions to be taken when there is reason to believe that an aircraft’s emergency situation may become cause for public concern or require a general emergency response.
PART IV
Preparatory Measures (regs 17-21)
The Authority in respect of its search and rescue region shall ensure that the Rescue Co-ordination Centre has readily available up-to-date information concerning the following—
(a) search and rescue units, Rescue Sub-centres and alerting posts;
(b) air traffic services units;
(c) means of communication that may be used in aeronautical search and rescue operations;
(d) addresses and telephone numbers of all operators, or their designated representatives engaged in operations in the region; and
(e) any other public and private resources including medical and transportation facilities that are likely to be useful in aeronautical search and rescue.
18. Search and rescue plans of operation
(1) The Authority shall ensure that the Rescue Co-ordination Centre prepares a detailed plan of operation for the conduct of search and rescue operations in Botswana.
(2) The Authority shall ensure that the—
(a) search and rescue plans of operations are developed jointly with representatives of the operators, and other public or private services that may assist in providing search and rescue services or benefit from them, taking into account that the number of survivors could be large;
(b) plans of operation specify arrangements for the servicing and refuelling to the extent possible, of aircraft, vessels and vehicles employed in search and rescue operations, including those made available by other states; and
(c) search and rescue plans of operation contain details regarding actions to be taken by those persons engaged in search and rescue, including—
(i) the manner in which search and rescue operations are to be conducted in the aeronautical search and rescue region,
(ii) the use of available communication systems and facilities,
(iii) the actions to be taken jointly with other Rescue Co-ordination Centres,
(iv) the methods of alerting en-route aircraft and ships at sea,
(v) the duties and prerogatives of persons assigned to search and rescue,
(vi) the possible redeployment of equipment that may be necessitated by meteorological or other conditions,
(vii) the methods for obtaining essential information relevant to search and rescue operations, such as weather reports, forecasts and appropriate NOTAM,
(viii) the methods for obtaining, from other rescue co-ordination centres, such assistance, including aircraft, vessels, persons or equipment, as may be needed,
(ix) the method for assisting distressed aircraft being compelled to ditch to rendezvous with surface craft,
(x) the method for assisting aeronautical search and rescue operation or other aircraft to proceed to an aircraft in distress, and
(xi) co-operative actions to be taken in conjunction with air traffic services units and other authorities concerned to assist an aircraft known or believed to be subject to unlawful interference; and
(d) search and rescue plans of operation are integrated with airport emergency plans, to provide for rescue services in the vicinity of aerodromes.
(1) The Authority shall designate as search and rescue units, elements of public or private services suitably located and equipped for search and rescue operations, and without prejudice to the generality of the foregoing, the Authority may designate the following as search and rescue units, the—
(a) Botswana Defence Force;
(b) Botswana Police Service;
(c) Fire Service; and
(d) department responsible for wildlife and national parks.
(2) The Authority shall designate, as part of a search and rescue plan of operation, units from public or private services that do not qualify as search and rescue units but are nevertheless able to participate in search and rescue operations.
(3) The Authority shall, when designating elements of public or private services as search and rescue units in accordance with subregulation (1), ascertain that the public or private services have the following—
(a) a rapid and reliable two-way communication system;
(b) an equipment enabling communication on aeronautical distress frequencies, on scene frequencies and on such other frequencies as may be prescribed;
(c) a device for homing in on distress frequencies;
(d) an Emergency Locator Transmitter (ELT); or
(e) an equipment that can communicate with aircraft on the following frequencies 243 MHz and 121.5 MHz.
(4) A designated search and rescue agency shall ensure that each search and rescue unit—
(a) is cognisant of all parts of the plans of operation described in regulation 18, that are necessary for the effective conduct of its duties;
(b) keeps the Rescue Co-ordination Centre informed of its preparedness;
(c) maintains readiness and the required number of aeronautical search and rescue facilities; and
(d) maintains adequate supplies of rations, medical stores, signaling devices and other survival and rescue equipment.
The Authority shall provide for regular training of their search and rescue personnel and arrange appropriate search and rescue exercises in order to achieve and maintain maximum efficiency in search and rescue services.
Where the presence of a wreckage resulting from an aircraft accident within Botswana might constitute a hazard or confuse subsequent search and rescue operations, the Minister shall ensure that the wreckage is removed, obliterated or chartered, following the completion of an accident investigation.
PART V
Operating Procedures (regs 22-33)
22. Information concerning emergency
(1) Any person or any element of the search and rescue organisation having reason to believe that an aircraft is in an emergency, shall immediately give all available information to the Rescue Co-ordination Centre.
(2) The Rescue Co-ordination Centre shall, immediately upon receipt of information concerning aircraft in emergency, evaluate such information and assess the extent of the operation required.
(3) Where information concerning aircraft in emergency is received from other sources than air traffic services units, the Rescue Co-ordination Centre shall determine to which emergency phase the situation corresponds, and shall apply the procedures applicable to that phase.
23. Procedure for Rescue Co-ordination Centre during emergency phase
The Rescue Co-ordination Centre shall upon receipt of information regarding an aircraft in distress handle such notification in accordance with the procedure as set out in Schedule 1.
24. Procedure where responsibility for operations extends to two or more contracting states
Where the conduct of an operation over the entire search and rescue region is the responsibility of more than one contracting state, each state involved shall take action in accordance with the relevant plan of operations when requested by the Rescue Co-ordination Centre of the region.
25. Procedure for authorities in the field
The authorities directing the conduct of search and rescue operations in the field or any part shall—
(a) give instructions to the units under their direction and inform the Rescue Co-ordination Centre of such instructions; and
(b) keep the Rescue Co-ordination Centre informed of any developments.
26. Procedure for Rescue Co-ordination Centres – termination and suspension of operations
(1) A search and rescue operation shall continue where practicable until all survivors are delivered to a place of safety, or until all reasonable hope of rescuing survivors has passed.
(2) The responsible Rescue Co-ordination Centre shall be responsible for determining when to discontinue the search and rescue operations.
(3) A Rescue Co-ordination Centre shall consider as essential, input from other organisations participating in the search and rescue operation, in the decision making process leading to the termination of the search and rescue operation.
(4) Where a search and rescue operation has been successful, or where a Rescue Co-ordination Centre considers or is informed that an emergency no longer exists—
(a) the emergency phase shall be cancelled;
(b) the search and rescue operation shall be terminated; and
(c) any authority, facility or service that has been activated or notified shall be promptly informed.
(5) Where a search and rescue operation becomes impracticable, and the Rescue Co-ordination Centre concludes that there might still be survivors, the Rescue Co-ordination Centre shall suspend on-scene activities pending further developments, and shall promptly inform any authority, facility or service which has been activated or notified.
(6) Where a Rescue Co-ordination Centre receives relevant information, the Rescue Co-ordination Centre shall evaluate the information, and shall resume search and rescue operations when justified and it is practicable to do so.
27. Procedure at scene of accident
(1) Where multiple facilities are engaged in a search and rescue operation on-scene, the Rescue Co-ordination Centre or Rescue Sub-centre shall designate one or more units on-scene to co-ordinate all actions to help, ensure the safety and effectiveness of air and surface operations, taking into account facility capabilities and operational requirements.
(2) Where a pilot-in-command observes that, either another aircraft or a surface craft is in distress, the pilot-in-command shall, if possible and unless considered unreasonable or unnecessary—
(a) keep the craft in distress in sight until compelled to leave the scene or advised by the Rescue Co-ordination Centre that it is no longer necessary;
(b) determine the position of the craft in distress;
(c) where appropriate, report to the Rescue Co-ordination Centre or air traffic services unit as much of the following information as possible—
(i) type of craft in distress, its identification and condition,
(ii) the aircraft’s position, expressed in geographical or grid co-ordinates or in distance and true bearing from a distinctive landmark or from a radio navigation aid,
(iii) time of observation expressed in hours and minutes Co-ordinated Universal Time (UTC),
(iv) number of persons observed,
(v) whether persons have been seen to abandon the craft in distress,
(vi) on-scene weather conditions,
(vii) apparent physical condition of survivors, and
(viii) apparent best ground access route to the distress site; and
(d) act as instructed by the Rescue Co-ordination Centre or the air traffic services unit.
(3) Where an aircraft is first to reach the scene of an accident, and that aircraft is not a search and rescue aircraft, the pilot-in-command of the aircraft shall take charge of on-scene activities of all other aircrafts subsequently arriving, until the first search and rescue aircraft reaches the scene of the accident.
(4) Where an aircraft is unable to establish communication with the appropriate Rescue Co-ordination Centre or air traffic services unit, the pilot-in-command, referred to in subregulation (3), shall, by mutual agreement, hand over charge of the on-scene activities to the pilot-in-command of an aircraft capable of establishing and maintaining such communications until the arrival of the first search and rescue aircraft.
(5) Where it is necessary for an aircraft to convey information to survivors or surface rescue units, and two-way communication is not available, the pilot-in-command shall, if practicable, drop communication equipment that would enable direct contact to be established, or convey the information by dropping a hard copy message.
(6) Where a ground signal has been displayed, the pilot-in-command of an aircraft shall indicate whether the signal has been understood or not by the means described in subregulation (4) or, if this is not practicable, by making the appropriate visual signal.
(7) Where it is necessary for an aircraft to direct a surface craft to the place where an aircraft or surface craft is in distress, the pilot-in-command of an aircraft shall—
(a) do so by transmitting precise instructions by any means at his or her disposal; and
(b) if radio communication cannot be established, the pilot-in-command shall make the appropriate visual signal.
(8) A person who unlawfully interferes with search and rescue operations commits an offence and is liable to a fine not exceeding P15 000, or to imprisonment for a period not exceeding 18 months, or to both.
28. Procedure for pilot-in-command
Where the pilot-in-command of an aircraft, intercepts a distress transmission, the pilot-in-command shall, if feasible—
(a) acknowledge the distress transmission;
(b) record the position of the craft in distress if given;
(c) take a bearing on the transmission;
(d) inform the appropriate Rescue Co-ordination Centre or air traffic services unit of the distress transmission and give all available information; and
(e) at the pilot’s discretion, while awaiting instructions, proceed to the position given in the transmission.
(1) The air-to-surface and surface-to-air visual signals set out in Schedule 2 shall, when used, have the meaning indicated therein.
(2) The signals shall only be used for the purpose indicated, and no other signals which are likely to be confused with those signals, shall be used.
(3) Where the pilot-in-command of an aircraft observes any of the signals set out in Schedule 2, the pilot-in-command of the aircraft shall take such action as may be required by the interpretation of the signal given.
30. Requisitioning of aircraft and vessels
(1) The Minister may for purposes of any search and rescue operation—
(a) requisition any civil aircraft or vessel;
(b) request the assistance of any military aircraft or vessel; or
(c) request any holder of a Botswana aircraft flight crew licence to assist in the operation.
(2) Where the Minister contemplates requisitioning a civilian aircraft or vessel, or requesting a civilian holder of a Botswana aircraft flight crew licence, the Minister may only do so where—
(a) human life is in immediate and grave danger; and
(b) there are no other means available to conduct the operation.
31. Search and rescue communications
(1) A Rescue Co-ordination Centre shall have means of rapid and reliable two-way communication with—
(a) associated air traffic services units;
(b) associated Rescue Sub-centres;
(c) appropriate direction-finding and position-fixing stations;
(d) the headquarters of search and rescue units in the region;
(e) a designated meteorological office or meteorological watch office;
(f) search and rescue units;
(g) alerting posts; and
(h) the Cospas-Sarsat Mission Control Centre servicing the search and rescue region.
(2) A Rescue Sub-centre shall have means of rapid and reliable two-way communication with—
(a) adjacent Rescue Sub-centres;
(b) a meteorological office or meteorological watch office;
(c) search and rescue units; and
(d) alerting posts.
32. Search and rescue equipment
(1) The Authority shall ensure that—
(a) search and rescue units are provided with equipment for locating promptly and for providing adequate assistance at the scene of an accident;
(b) aeronautical search and rescue units have means of rapid and reliable two-way communication with other aeronautical search and rescue facilities engaged in the same operation;
(c) search and rescue aircrafts are equipped to be able to communicate on the aeronautical distress and on-scene frequencies, and on such other frequencies as may be determined by the Authority;
(d) search and rescue aircrafts are equipped with a device for homing on distress frequencies; and
(e) at least one of the aircraft participating in a search and rescue operation shall carry droppable survival equipment, unless it is known that there is no need to provide supplies to survivors by air.
(2) The Authority shall ensure that appropriate survival equipment suitably packed for dropping by aircrafts are located at aerodromes.
33. Reporting of aircraft or vessel in distress
(1) A person who knows or has reason to believe that an aircraft or vessel is in distress, shall report the occurrence at a nearby police station or at such other office or facility or to a dedicated emergency number as the National Search and Rescue Co-ordination Committee may determine.
(2) The Authority shall publish the addresses and telephone numbers of the offices or facilities referred to in subregulation (1), by—
(a) notice in the Gazette; and
(b) any means of the printed and electronic media so as to ensure wide publicity.
PART VI
General Provisions (regs 34-38)
(1) The Authority shall keep all data relating to every search and rescue action undertaken by a Rescue Co-ordination Centre in an orderly and easily accessible manner for a period of at least 12 calendar months.
(2) A Rescue Co-ordination Centre shall prepare an appraisal of actual search and rescue operations in its region.
(3) An appraisal under subregulation (1), shall comprise any pertinent remark on the procedure used, and on the emergency and survival equipment, and any suggestion for the improvement of the procedure and equipment.
(4) The appraisal which is likely to be of interest to other states shall be submitted to the International Civil Aviation Organisation (ICAO) for information and dissemination as appropriate.
35. Recovery of certain expenses
(1) Where a search and rescue operation is undertaken in connection with any occurrence caused by the unlawful act or omission of any person, the Minister may recover from that person, the whole or any portion of the expenses incurred in connection with that operation.
(2) The Minister may, after having recovered the expenses in subregulation (1), compensate any person who has incurred any loss or damage as a result of the operation.
(3) Subject to subregulations (1) and (2), the Minister shall determine the expenses, and notify in writing, the person who by an unlawful act or omission caused an occurrence which led to a search and rescue operation referred to in subregulation (1), of the expenses to be recovered.
36. Failure to comply with direction or instructions
(1) A person who fails to comply with any direction or instruction given to him or her under these Regulations shall be deemed to have contravened these Regulations.
(2) A person who becomes aware of a violation of any provision of these Regulations shall without delay report the violation to the Authority.
(3) The Authority shall, upon being notified of a violation, determine the nature and type of investigation or enforcement action that need to be taken.
A person who contravenes any provision of these Regulations for which no penalty is prescribed commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a period not exceeding 10 years, or to both.
38. Revocation of S.I. No. 19 of 2012
The Civil Aviation (Search and Rescue) Regulations, 2012 are hereby revoked.
SCHEDULE 1
PROCEDURE FOR HANDLING DISTRESS NOTIFICATION
(reg. 23)
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The following actions shall be followed by the Rescue Co-ordination Centre upon receipt of information regarding an aircraft in distress- |
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1. Uncertainty phase |
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Upon the occurrence of an uncertainty phase, the Rescue Co-ordination Centre shall co-operate to the utmost with air traffic services units and other appropriate agencies and services in order that incoming reports may be speedily evaluated. |
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2. Alert phase |
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Upon the occurrence of an alert phase the Rescue Co-ordination Centre shall immediately alert search and rescue units and initiate any necessary action. |
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3. Distress phase |
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Upon the occurrence of a distress phase, the Rescue Co-ordination Centre shall- |
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(a) immediately initiate action by search and rescue units in accordance with the appropriate plan of operation; |
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(b) ascertain the position of the aircraft, estimate the degree of uncertainty of this position, and, on the basis of this information and the circumstances, determine the extent of the area to be searched; |
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(c) notify the operator, where possible, and keep the operator informed of developments; |
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(d) notify other Rescue Co-ordination Centres, the help of which is likely to be required, or which may be concerned in the operation; |
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(e) notify the associated air traffic services unit, when the information on the emergency has been received from another source; |
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(f) request at an early stage such aircraft, vessels, coastal stations and other services not specifically included in the appropriate plan of operation and able to assist to- |
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(i) maintain a listening watch for transmissions from the aircraft in distress, survival radio equipment or an ELT (the frequencies contained for ELTs are 121.5 MHz and 406 MHz), |
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(ii) assist the aircraft in distress as far as practicable, and |
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(iii) inform the Rescue Co-ordination Centre of any developments; |
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(g) from the information available, draw up a detailed plan of action for the conduct of the search or rescue operation required, and communicate such plan for the guidance of the authorities immediately directing the conduct of such an operation; |
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(h) amend as necessary, in the light of evolving circumstances, the detailed plan of action; |
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(i) notify the appropriate accident investigation authorities; and |
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(j) notify the state of registry of the aircraft. |
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The order in which these actions are described shall be followed unless circumstances dictate otherwise. |
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4. Initiation of search and rescue action in respect of an aircraft whose position is unknown |
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In the event that an emergency phase is declared in respect of an aircraft whose position is unknown and may be in one of two or more search and rescue regions, the following shall apply- |
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(a) where a Rescue Co-ordination Centre is notified of the existence of an emergency phase and is unaware of other centres taking appropriate action, it shall assume responsibility for initiating suitable action and confer with neighbouring Rescue Co-ordination Centres with the objective of designating one Rescue Co-ordination Centre to assume responsibility forthwith; |
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(b) unless otherwise decided by common agreement of the Rescue Co-ordination Centres concerned, the Rescue Co-ordination Centre to co-ordinate search and rescue action shall be the centre responsible for- |
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(i) the region in which the aircraft last reported its position, |
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(ii) the region to which the aircraft was proceeding when its last reported position was on the line separating two search and rescue regions, |
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(iii) the region to which the aircraft was destined when it was not equipped with suitable two-way radio communication or not under obligation to maintain radio communication, or |
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(iv) the region in which the distress site is located as identified by the Cospas-Sarsat system; and |
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(c) after declaration of the distress phase- |
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(i) the Rescue Co-ordination Centre with overall co-ordination responsibility shall inform all Rescue Co-ordination Centres that may become involved in the operation of all the circumstances of the emergency, and subsequent developments, and |
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(ii) all Rescue Co-ordination Centres which become aware of any information pertaining to the emergency, shall inform the Rescue Co-ordination Centre that has overall responsibility. |
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5. Passing of information to an aircraft in respect of which an emergency phase has been declared |
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Whenever applicable, the Rescue Co-ordination Centre responsible for search and rescue action shall forward to the air traffic services unit serving the flight information region in which the aircraft is operating, information of the search and rescue action initiated, in a manner that such information can be passed to the aircraft. |
SCHEDULE 2
SEARCH AND RESCUE SIGNALS
(reg. 29)
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1. Signals with surface craft |
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1.1 The following manoeuvres performed in sequence by an aircraft mean that the aircraft wishes to direct a surface craft towards an aircraft or a surface craft in distress- |
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(a) circling the surface craft at least once; |
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(b) crossing the projected course of the surface craft close ahead at low altitude- |
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(i) rocking the wings, |
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(ii) opening and closing the throttle, or |
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(iii) changing the propeller pitch, and |
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(c) heading in the direction in which the surface craft is to be directed. |
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1.2 Due to high noise level on board surface craft, the sound signals in subparagraphs (ii) and (iii) may be less effective than the visual signal in subparagraph (i), and are regarded as alternative means of attracting attention. |
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1.3 Repetition of such manoeuvres has the same meaning. |
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1.4 The following manoeuvres by an aircraft means that the assistance of the surface craft to which the signal is directed is no longer required- |
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(i) crossing the wake of the surface craft close astern at a low altitude, |
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(ii) rocking the wings, |
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(iii) opening and closing the throttle, or |
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(iv) changing the propeller pitch. |
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1.5 The following replies may be made by a surface craft to the signal in paragraph 1- |
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(a) for acknowledging receipt of signals- |
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(i) the hoisting of the “code pennant” (vertical red and white stripes) close up (meaning understood), |
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(ii) the flashing of a succession of “Ts” by signal lamp in the morse code, or |
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(iii) the changing of heading to follow the aircraft; and |
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(b) for indicating inability to comply- |
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(i) the hoisting of the international flag “N” (a blue and white checkered square), or |
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(ii) the flashing of a succession of “Ns” in the morse code. |
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2. Ground-air visual signal code |
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2.1 Ground-air visual signal code for use by survivors |
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No. |
Message |
Code Symbol |
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1. |
Require assistance |
V |
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2. |
Require medical assistance |
X |
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3. |
No or negative |
N |
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4. |
Yes or affirmative |
Y |
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5. |
Proceeding in this direction |
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2.2 Ground-air visual signal code for use by rescue units |
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No. |
Message |
Code Symbol |
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1. |
Operation completed |
LLL |
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2. |
We have found all personnel |
LL |
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3. |
We have found only some personnel |
+ + |
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4. |
We are not able to continue. Returning to base |
XX |
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5. |
Have divided into two groups. Each proceeding in direction indicated |
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6. |
Information received that aircraft is in this direction |
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7. |
Nothing found. Will continue to search |
NN |
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2.3 Symbols shall be at least 2.5 metres (8 feet) long and shall be made as conspicuous as possible. |
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2.4 Symbols may be formed by any means such as strips of fabric, parachute material, pieces of wood, stones or such like material; marking the surface by tramping, or staining with oil. |
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2.5 Attention to the signals at paragraphs 2.1 and 2.2 may be attracted by other means such as radio, flares, smoke and reflected light. |
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3. Air-to-ground signals |
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3.1 The following signals by aircraft mean that the ground signals have been understood- |
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(a) during the hours of daylight by rocking the aircraft’s wings; and |
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(b) during the hours of darkness by flashing on and off twice the aircraft’s landing lights or, if not so equipped, by switching on and off twice its navigation lights. |
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3.2 Lack of the signal indicated at paragraph 3.1 indicates that the ground signal is not understood. |