CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (AIRWORTHINESS) REGULATIONS
(section 89)
(21st February, 2022)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary Provisions
1. Citation
2. Interpretation
3. Application
PART II
Type Acceptance Certificate and Supplement Type Certificate
4. Type acceptance certificate
5. Supplemental type certificate
PART III
Certificate of Airworthiness
6. Certificate of airworthiness
7. Application for certificate of airworthiness
8. Periodic determination of aircraft mass and balance
9. Issue of certificate of airworthiness
10. Issue of authorisation
11. Conditions of issue of certificate of airworthiness
12. Variation of certificate of airworthiness
13. Duration of certificate of airworthiness
14. Renewal of certificate of airworthiness
15. Transfer and surrender of certificate of airworthiness
16. Issue of duplicate certificate of airworthiness
17. Suspension of certificate of airworthiness
18. Responsibilities of State of Registry
19. Revocation of certificate of airworthiness
20. Export airworthiness certificate
21. Export approval of aeronautical products
22. Certificate of release to service
23. Permit to fly
24. Issue and conditions of permit to fly
25. Duration of permit to fly
26. Variation of permit to fly
27. Renewal of permit to fly
28. Issue of duplicate permit to fly
29. Suspension of permit to fly
30. Revocation of permit to fly
31. Special flight permit
32. Issue and conditions of special flight permit
PART IV
Continuing Airworthiness of Aircraft and Aircraft Components
33. Responsibility for maintenance
34. Airworthiness Directive
35. Duties of nominated post-holders and technical coordinators
36. Maintenance and inspection
37. Inspections or investigations for airworthiness purposes
38. Mandatory reporting of defects
39. Persons authorised to perform maintenance
40. Authorised personnel for release to service
41. Persons authorised for inspections
42. Performance rules: maintenance
43. Modifications and repairs
44. Performance rules: inspections
45. Progressive inspections
46. Continuous airworthiness maintenance program inspections
47. Performance rules: airworthiness limitation
PART V
Aircraft Noise Certification
48. Definitions
49. Aircraft noise certification
50. Suspension of certificate of noise compliance
51. Revocation of certificate of noise compliance
52. Aircraft noise emission standards
53. Evaluation methods for aircraft noise
54. Turbine engine powered aircraft
55. Turbo-jet and turbofan engine aircraft
PART VI
Maintenance Records and Entries
56. Records to be kept
57. Entries to be made
58. Technical log
59. Other logbooks
60. Maintenance records: aircraft and life-limited parts
61. Maintenance records: aeronautical products
62. Inspection records: return to service
PART VII
Miscellaneous
63. Airworthiness code
64. Documents to be carried
65. Production of documents
66. Power to inspect and copy records
67. Offences
68. Penalties
69. Revocation of S.l. No. 23 of 2012
70. Savings and transitional provisions
23 of 2012,
S.I. 8, 2022.
PART I
Preliminary Provisions (regs 1-3)
These Regulations may be cited as the Civil Aviation (Airworthiness) Regulations.
In these Regulations, unless the context otherwise requires—
“aeronautical product” means an aircraft, aircraft engine, aircraft propeller or a part to be installed thereon;
“aeroplane” means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth’s surface;
“Airworthiness Directive” means a mandatory document which identifies aeronautical products in which an unsafe condition exists and where the unsafe condition is likely to exist or develop in other products of the same type design and also prescribes the corrective actions to be taken or the conditions or limitations under which the products may continue to be operated;
“airworthy” means the status of an aircraft, engine, propeller, or part when it conforms to its approved design and is in a condition safe for operation;
“appropriate airworthiness requirements” means the comprehensive and detailed airworthiness codes established, adopted or accepted by a contracting State for the class of aircraft, engine or propeller under consideration;
“appropriate Authority” means the Civil Aviation Authority of a contracting State;
“authorisation” means a document issued to validate a foreign certificate of airworthiness under regulation 12;
“Category A” with respect to helicopters, means a multi-engine helicopter designed with engine and system isolation features specified in Part IVB of Annex 8 of the International Civil Aviation Organisation (ICAO) document, and capable of operations using take-off and landing data scheduled under a critical engine failure concept which assures adequate designated surface area and adequate performance capability for continued safe flight or safe rejected take-off;
“Category B” means, with respect to helicopters, a single engine or multi-engine helicopter which does not meet Category A standards, and which also have no guaranteed capability to continue safe flight in the event of an engine failure, and a forced landing is assumed;
“certificate of airworthiness” means a certificate issued under regulation 9;
“certificate of release to service” means a document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner in accordance with appropriate airworthiness requirements;
“Chicago Convention” means the Convention on International Civil Aviation;
“configuration” means a particular combination of the positions of the moveable elements, such as wing flaps and landing gear, that affect the aerodynamic characteristics of the aeroplane;
“continuing airworthiness” means the set of processes by which an aircraft, engine, propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;
“contracting State” means a signatory to the Chicago Convention;
“critical engine” means any engine whose failure gives the most adverse effect on the aircraft characteristics relative to the case under consideration;
“engine” means a unit used or intended to be used for aircraft propulsion which consists of at least those components and equipment necessary for functioning and control, but excludes the propeller or rotors if applicable;
“helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes;
“human factors principles” means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;
“maintenance” means the performance of tasks on an aircraft, engine, propeller or associated part required to ensure the continuing airworthiness of an aircraft, engine, propeller or associated part including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair;
“maintenance records” means records that set out the details of the maintenance carried out on an aircraft, engine, propeller or associated part;
“major modification” means a change in the type design that has an appreciable effect, or other than a negligible effect, on the mass and balance limits, structural strength, engine operation, flight characteristics, reliability, operational characteristics, or other characteristics or qualities affecting the airworthiness or environmental characteristics of an aeronautical product;
“major repair” means any repair of an aeronautical product that might appreciably affect the structural strength, performance, engine, operation flight characteristics or other qualities affecting airworthiness or environmental characteristics;
“minor modification” means a modification other than a major modification, that is, a design change that has a negligible, or no appreciable effect on the mass, balance, structural strength, reliability, operational characteristics or other characteristics affecting the airworthiness of the aeronautical product;
“minor repair” means a repair other than a major repair, that is, a repair that has a negligible effect on the airworthiness of the affected aeronautical product;
“modification” means a change to the type design of an aircraft, engine or propeller, this may also include the embodiment of the modification which is a maintenance task subject to a maintenance release;
“organisation responsible for the type-design” means the organisation that holds the Type Certificate, or equivalent document, for an aircraft, engine or propeller type, issued by a contracting State;
“Performance Class 1 helicopter” means a helicopter with performance such that, in case of engine failure it is able to land on the rejected take-off area or safely continue the flight to an appropriate landing area;
“Performance Class 2 helicopter” means a helicopter with performance such that, in case of engine failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after take-off or after a defined point before landing, in which cases a forced landing maybe required;
“Performance Class 3 helicopter” means a helicopter with performance such that, in case of engine failure at any point in the flight profile, a forced landing shall be performed;
“rendering a Certificate of airworthiness valid” means the action taken by the Authority, as an alternative to issuing its own Certificate of Airworthiness, in accepting a Certificate of Airworthiness issued by any other appropriate Authority as the equivalent of its own Certificate of Airworthiness;
“repair” means the restoration of an aircraft, engine, propeller or associated part to an airworthy condition in accordance with the appropriate airworthiness requirements after it has been damaged or subjected to wear;
“satisfactory evidence” means a set of documents or activities that the Authority accepts as sufficient to show compliance with an airworthiness requirement;
“standard atmosphere” means an atmosphere defined as follows—
(a) the air is a perfect dry gas;
(b) the physical constants are—
(i) Sea level mean molar mass: M0 = 28.964 420 x 10-3kg mol-1,
(ii) Sea level atmospheric pressure: P0 = 1013.250 hPa,
(iii) Sea level temperature: t0 = 15Â℃C T0 = 288.15 K,
(iv) Sea level atmospheric density: 
= 1.2250kg m-3,
(v) Temperature of the ice point: Ti = 273.15K, and
(vi) Universal gas constant: R* – 8.314 32 JK-1 mol-1;
(c) the temperature gradients are—
| Geopotential altitude (km)
|
Temperature gradient (Kelvin per standard geopotential kilometre)
|
|
| From
|
To
|
|
| -5.0
|
11.0
|
-6.5
|
| 11.0
|
20.0
|
0.0
|
| 20.0
|
32.0
|
+1.0
|
| 32.0
|
47.0
|
+2.8
|
| 47.0
|
51.0
|
0.0
|
| 51.0
|
71.0
|
-2.8
|
| 71.0
|
80.0
|
-2.0
|
“State of Design” means the State which has jurisdiction over the organisation responsible for the type design;
“State of Manufacture” means the State which has jurisdiction over the organisation responsible for the final assembly of the aircraft, engine or propeller;
“State of Registry” means the state on whose register the aircraft is entered;
“supplemental type certificate” means a certificate issued under regulation 5;
“technical standard order” means a minimum performance standard issued by the authority in the State of Manufacture for specified materials, parts, processes and appliances used on a civil aircraft;
“type acceptance certificate” means a certificate issued under regulation 4;
“Type certificate” means a document issued by the Authority to define the design of an aircraft, engine or propeller type and to certify that this design meets the appropriate airworthiness requirements of Botswana;
“Type Design” means the set of data and information necessary to define an aircraft, engine or propeller type for the purpose of airworthiness determination; and
“Visual Meteorological Conditions” means meteorological conditions expressed in terms of visibility distance from cloud and ceiling, equal to or better than specified minima.
These Regulations shall apply to all persons operating or maintaining the following—
(a) an aircraft registered in Botswana, wherever operated;
(b) an aircraft registered in another contracting State that is operated by a person licensed in Botswana, and shall be maintained in accordance with the standards of the aircraft State of Registry, wherever that maintenance is performed; and
(c) an aircraft of another contracting State operating in Botswana.
PART II
Type Acceptance Certificate and Supplemental Type Certificate (regs 4-5)
4. Type acceptance certificate
(1) A person who intends to operate an aircraft that qualifies for a certificate of airworthiness in Botswana shall apply for a type acceptance certificate in Form A set out in Schedule 1.
(2) An application for a type acceptance certificate shall be accompanied by a type certificate which defines the design of the aircraft for which a type acceptance certificate is sought.
(3) A type certificate shall show the type and design of an aircraft for which it is issued and certify that the design meets the appropriate airworthiness requirements of that State.
(4) The Authority may, where the applicant meets all the requirements, issue a type acceptance certificate which shall be in Form B set out in Schedule 1.
(5) The Authority may suspend a type acceptance certificate for an aircraft, engine or propeller type upon receiving notification from the State of Design of the suspension of a type certificate on the basis of which the type acceptance certificate was issued, until implementation of any action recommended by the State of Design.
(6) The Authority may revoke a type acceptance certificate for an orphaned aircraft type, engine or propeller type upon receiving notification from the State of Design of the revocation of a type certificate on the basis of which the type acceptance certificate was issued.
5. Supplemental type certificate
(1) Subject to subregulation (2), any person who wishes to alter a product in Type Design shall apply for a supplemental type certificate to the State of Design that issued the type certificate for that product.
(2) A supplemental type certificate shall only be issued where the nature of the modification is not substantial to require a new application for a type certificate.
PART III
Certificate of Airworthiness (regs 6-32)
6. Certificate of airworthiness
(1) Subject to subregulation (2), an aircraft shall not fly in Botswana unless there is in force in respect of the aircraft, a certificate of airworthiness issued by—
(a) the Authority under regulation 9;
(b) the State of Registry; or
(c) the State of Operator.
(2) Subregulation (1) shall not apply to flights made wholly within Botswana by—
(a) a glider, if it is not being used for the commercial air transport of passengers or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;
(b) a balloon flying on a private flight;
(c) a kite;
(d) a powerchute;
(e) an aircraft flying in accordance with a permit to fly issued by the Authority under regulation 24; or
(f) an aircraft that has been issued with a special flight permit under regulation 32.
(3) A person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
7. Application for certificate of airworthiness
(1) An application for a certificate of airworthiness shall be made to the Authority in Form C set out in Schedule 1, and shall include—
(a) details of the design, construction, workmanship and materials used on the aircraft, including any engines fitted in the aircraft, and any equipment fitted in the aircraft which is necessary for the airworthiness of the aircraft;
(b) the results of reports of any flying trials or other tests that the aircraft underwent;
(c) a type acceptance certificate issued under regulation 4;
(d) a certificate of release to service;
(e) a maintenance program, flight manual and where applicable, a minimum equipment list for the approval of the Authority; and
(f) such other reports or documents as the Authority may request.
(2) An application for a certificate of airworthiness shall be accompanied by a non-refundable application fee set out in Schedule 3.
(3) An applicant shall make available for inspection from time to time as may be required by the Authority, the records of the aircraft and provide such other documents as may be required including the following—
(a) logbook entries;
(b) valid radio licence; and
(c) weight and balance schedule.
(4) An owner or operator of an aircraft shall ensure that the reports or other documents referred to under this regulation are updated, complete, orderly and legible.
(5) The operator shall ensure that the Authority is provided with the latest airworthiness information from the manufacturers for the purpose of continued airworthiness of the aircraft.
8. Periodic determination of aircraft mass and balance
(1) An owner or operator of an aircraft shall establish the mass and the centre of gravity of an aircraft by actual weighing prior to initial issue of a certificate of airworthiness, except in cases of—
(a) a newly manufactured aircraft, where the mass and balance has been previously determined by the manufacturer and recorded in the mass and balance report; or
(b) the importation of an aircraft, where the aircraft has been previously weighed prior to importation with any changes to mass computed and recorded in the mass and balance report,
and thereafter at intervals of four years.
(2) An owner or operator of an aircraft shall ensure that the accumulated effects of modifications and repairs on the mass and balance are accounted for and properly documented, and the aircraft shall be re-weighed if the effect of modifications on the mass and balance is not accurately known.
(3) An owner or operator of an aircraft shall ensure that the reports or other documents referred to under this regulation are updated, complete, orderly and legible.
(4) The operator shall ensure that the Authority is provided with the latest airworthiness information from the manufacturer for the purpose of continued airworthiness of the aircraft.
9. Issue of certificate of airworthiness
(1) Subject to this regulation, the Authority shall, where it is satisfied that an aircraft meets the requirements under regulation 7, issue a certificate of airworthiness in the categories provided under subregulation (3).
(2) The certificate of airworthiness shall specify the category under which it is issued as may be determined by the Authority and appropriate to the aircraft operation.
(3) The certificate of airworthiness shall be issued subject to the condition that the aircraft shall be flown only for the specific purpose of the category as follows—
(a) commercial air transport (Passenger): Any purpose;
(b) commercial air transport (Cargo): Any purpose other than commercial air transport passengers;
(c) general aviation: Any purpose other than commercial air transport and aerial work; and
(d) aerial work: Purpose includes such tasks as aerial photography, aerial survey (geological and ordinance survey), electrical power line and gas pipeline inspection, carriage of external loads.
(4) The Authority shall issue a certificate of airworthiness for the particular category applied for in Form D set out in Schedule 1 on payment of a fee set out in Schedule 3.
(5) The Authority may refuse to issue a certificate of airworthiness where an application does not meet the requirements set out in these Regulations.
(6) The Authority shall not issue or render valid a certificate of airworthiness for which it intends to claim recognition unless it has satisfactory evidence that the aircraft complies with these Regulations.
(7) The Authority may, when issuing a certificate of airworthiness, consider a previous certificate of airworthiness issued by an appropriate Authority, in whole or part, as satisfactory evidence that the aircraft complies with the appropriate airworthiness requirements.
(8) The certificate of airworthiness shall contain the information shown in Form D as set out in the Schedule 1.
(9) The Authority shall require, where a certificate of airworthiness issued by an appropriate Authority is in a language other than English, an English translation of the certificate of airworthiness.
(10) Each aircraft shall be provided with a flight manual, placards or other documents stating the approved limitations within which the aircraft is considered airworthy as defined by the appropriate airworthiness requirements and additional instructions and information necessary for the safe operation of the aircraft.
(11) The flight manual shall identify clearly the specific aircraft or series of aircraft to which it is related, and shall include at least the limitations, information and procedures specified in the appropriate airworthiness requirements.
(12) Any failure to maintain an aircraft in an airworthy condition as defined by the appropriate airworthiness requirements shall render the aircraft ineligible for operation until the aircraft is restored to an airworthy condition.
(1) The Authority may issue authorisation to any person who holds a certificate of airworthiness issued in another State where the foreign issued certificate is still valid and upon payment of a fee set out in Schedule 3.
(2) An authorisation issued under subregulation (1) shall be in writing and shall not extend beyond the period of validity of the certificate of airworthiness being rendered valid.
(3) An authorisation shall be carried, together with the original foreign issued certificate of airworthiness, in the aircraft for which it is issued at all times.
(4) The Authority shall ensure that the continuing airworthiness of the aircraft is determined in accordance with these Regulations.
11. Conditions of issue of certificate of airworthiness
(1) The Authority may issue the certificate of airworthiness under the following terms and conditions—
(a) for the certificate holder to immediately inform the Authority, in writing of—
(i) any change in the particulars which were furnished to the Authority at the time of making an application under these Regulations, and
(ii) the destruction of the aircraft, or its permanent withdrawal from use;
(b) for the certificate holder to comply with any conditions under these Regulations; or
(c) for the certificate holder to comply with any other conditions which the Authority may impose.
(2) A person who fails to inform the Authority of any change in particulars in terms of subregulation (1)(a) commits an offence and shall be liable to a fine not exceeding P5 000, or to imprisonment to a term not exceeding two years, or to both.
12. Variation of certificate of airworthiness
(1) The Authority may vary or modify any conditions of a certificate of airworthiness upon application by an owner or operator or on the Authority’s own initiative.
(2) The Authority shall not accept an application for variation of a certificate of airworthiness where the application is not accompanied by such reports from such authorised or approved persons as the Authority may specify.
(3) An application for variation of a certificate of airworthiness shall be—
(a) made to the Authority in Form C Set out in Schedule 1; and
(b) accompanied by—
(i) a fee set out in Schedule 3, and
(ii) such reports from such authorised or approved persons as the Authority may specify.
(4) The Authority may, where the applicant meets all the requirements vary the conditions of a certificate of airworthiness as it may deem appropriate.
13. Duration of certificate of airworthiness
A certificate of airworthiness shall be valid for a period of 12 months from the date of issue, or such shorter duration as may be specified by the Authority, unless suspended or revoked.
14. Renewal of certificate of airworthiness
(1) An application for the renewal of a certificate of airworthiness shall be—
(a) made to the Authority 30 days before the expiry of the certificate in Form C set out in Schedule 1; and
(b) accompanied by the renewal fee set out in Schedule 3.
(2) The applicant shall make available for inspection, from time to time as may be required by the Authority, the aircraft and aircraft records including flight test report where applicable certificate of release to service and provide such other documents as may be required including the following—
(a) logbook entries;
(b) valid radio licence; and
(c) weight and balance schedule.
(3) The Authority may renew a certificate of airworthiness where the application for renewal meets the requirements of these Regulations.
(4) Where an application for renewal is made after a period not exceeding 12 months after the expiry of the certificate of airworthiness, the Authority may renew the certificate of airworthiness subject to the payment of a penalty.
(5) The penalty payable in accordance with subregulation (4) shall be a sum equal to one quarter of the renewal fee multiplied by the number of months which have elapsed since the date of which the validity of the certificate of airworthiness expired calculated to the nearest Pula.
(6) An application for the renewal of a certificate of airworthiness that expired 12 months or more prior to the application for renewal shall be treated as an application for a new certificate of airworthiness and the provisions of regulation 7 shall apply.
15. Transfer and surrender of certificate of airworthiness
(1) The owner or operator of an aircraft shall transfer the certificate of airworthiness to a—
(a) lessee of an aircraft, for which the certificate of airworthiness is issued whether the aircraft is to be used within or outside Botswana; or
(b) buyer, on the sale of the aircraft within Botswana.
(2) The owner or operator of an aircraft may surrender a certificate of airworthiness to the Authority upon the sale of the aircraft outside Botswana.
(3) A person who fails to transfer the certificate of airworthiness in terms of subregulation (1) commits an offence and is liable to a fine not exceeding P40 000, or to imprisonment for a term not exceeding four years, or to both.
16. Issue of duplicate certificate of airworthiness
(1) The owner or operator of an aircraft whose certificate of airworthiness is lost, destroyed or mutilated may, by application to the Authority, and on payment of a fee set out in Schedule 3, obtain a duplicate certificate.
(2) An application for a duplicate certificate shall be accompanied by the following documents—
(a) a letter of request explaining why the duplicate certificate is sought;
(b) an affidavit sworn before a Commissioner of Oath before the Botswana Police Service;
(c) a certified copy of identification or in the case of a company, certificate of incorporation; and
(d) a copy of aircraft’s registration certificate.
17. Suspension of certificate of airworthiness
(1) The Authority may suspend a certificate of airworthiness until the satisfactory completion of—
(a) any inspection made for the purpose of ascertaining whether the aircraft remains airworthy;
(b) the maintenance of the aircraft or its equipment; or
(c) any modification of the aircraft or its equipment, required by a maintenance programme under these Regulations.
(2) The Authority shall, where an aircraft sustains damage, determine whether the damage is of a nature such that the aircraft is no longer airworthy.
(3) The Authority of a contracting State within which an aircraft is damaged on or from where some form of damage is ascertained within, shall—
(a) be entitled to prevent the aircraft from resuming its flight; and
(b) advise the Authority immediately, communicating to it all details necessary to formulate the determination referred to in subregulation (2) above.
(4) The Authority may suspend a certificate of airworthiness where an aircraft is damaged, and shall be entitled to prevent the aircraft from resuming flight until an assessment by the Authority.
(5) The Authority may, prohibit the aircraft from resuming flight until it is restored to an airworthy condition, when it considers that the damage sustained is of a nature such that the aircraft is no longer airworthy.
(6) The Authority may, in exceptional circumstances, specify particular limiting conditions to permit an aircraft to fly a non-commercial air transport operation to an aerodrome at which it shall be restored to an airworthy condition.
(7) The Authority shall, in prescribing particular limiting conditions, consider all limitations proposed by the contracting State that had originally, in accordance with subregulation (3), prevented the aircraft from resuming its flight.
(8) The contracting State shall permit such flight or flights within the specified limitations.
(9) The Authority may allow an aircraft to resume its flight where it considers that the damage sustained is of a nature such that the aircraft is still airworthy.
18. Responsibilities of State of Registry
(1) The Authority shall—
(a) when it first enters on its register an aircraft of a particular type for which the Authority is not the State of Design, and issues or validates a certificate of airworthiness, advise the State of Design that it has entered such an aircraft on its register;
(b) determine the continuing airworthiness of an aircraft in relation to the appropriate airworthiness requirements in force for that aircraft;
(c) develop or adopt requirements to ensure the continuing airworthiness of the aircraft during its service life, including requirements to ensure that the aircraft—
(i) continues to comply with the appropriate airworthiness requirements after a modification, a repair or the installation of a replacement part, and
(ii) is maintained in an airworthy condition and in compliance with the maintenance requirements of Civil Aviation (Air Operator Certification and Administration) Regulations (Cap. 71:01 (Sub. Leg.)), and these Regulations;
(d) upon receipt of mandatory continuing airworthiness information from the State of Design, adopt the mandatory information directly or assess the information received and take appropriate action;
(e) ensure that all mandatory continuing airworthiness information which it, as the Authority, originated in respect of that aircraft is transmitted to the appropriate State of Design; and
(f) ensure that, in respect of aeroplanes over 5 700 kg and helicopters over 3 175 kg maximum certificated take-off mass, there exists a system whereby information on faults, malfunctions, defects and other occurrences that cause or might cause adverse effects on the continuing airworthiness of the aircraft is transmitted to the organisation responsible for the type design of that aircraft.
(2) Whenever the information in subregulation (1)(d) relates to an engine or propeller, such information shall be transmitted to both the organisation responsible for engine or propeller type design and the organisation responsible for aircraft type design.
(3) The Authority shall, where a continuing airworthiness safety issue is associated with a modification, ensure that there exists a system whereby information is transmitted to the organisation responsible for the design of the modification.
(4) The Authority shall, in distributing mandatory continuing airworthiness information, ensure that sensitive aviation security information is not transmitted.
(5) The Authority shall ensure that, where sensitive aviation security information has to be transmitted to the appropriate authority in the State of Design, such information is securely transmitted in accordance with the Civil Aviation (Aviation Security) Regulations (Cap. 71:01 (Sub. Leg.)).
19. Revocation of certificate of airworthiness
The Authority may revoke a certificate of airworthiness where—
(a) the aircraft has been overhauled, repaired or modified without the approval of the Authority;
(b) any part or equipment of the aircraft has been removed or replaced without the approval of the Authority;
(c) an aircraft is not maintained in an airworthy condition as specified under these Regulations;
(d) the aircraft is destroyed or permanently withdrawn from use;
(e) in the case of commercial aircraft, the aircraft is not maintained by an approved maintenance organisation; or
(f) the holder of the certificate of airworthiness contravenes any provision of these Regulations.
20. Export airworthiness certificate
(1) Subject to subregulation (2), any person who wishes to export or transfer an aircraft which has been issued with a type certificate onto the register of another State shall apply, in Form E set out in Schedule 1, to the Authority for an export airworthiness certificate.
(2) The application under subregulation (1) shall be accompanied by—
(a) the conformity certification;
(b) information stating whether the aircraft is new or used;
(c) the fee set out in Schedule 3; and
(d) any other requirements as may be specified by the Authority.
(3) A person who wishes to export a new aircraft shall apply to the State of Manufacture.
(4) Subject to subregulation (2), any person who wishes to export a Class I product other than a complete aircraft shall apply to the Authority for an export airworthiness certificate in Form E set out in Schedule 1.
(5) The Authority may, where the applicant meets all the requirements, issue an export airworthiness certificate in Form F set out in Schedule 1.
(6) An export airworthiness certificate issued under this regulation shall be proof of a satisfactory review of the airworthiness of the aircraft being exported or transferred.
(7) A person who has been issued with an export airworthiness certificate may export aeronautical products under Class 1 product which includes—
(a) a complete aircraft;
(b) an aircraft engine or propeller which has a type certificate; and
(c) a type certificate data sheet.
21. Export approval of aeronautical products
(1) Subject to subregulation (2), any person who wishes to export a Class II and Class III products, shall apply to the Authority for an airworthiness approval tag in Form E set out in Schedule 1.
(2) The application under subregulation (1) shall be accompanied by—
(a) a conformity certification;
(b) information stating whether the aeronautical product is new or used;
(c) a fee set out in Schedule 3; and
(d) any other requirements as may be specified by the Authority.
(3) A person who wishes to export a new aeronautical product shall apply to the State of Manufacture.
(4) The Authority may issue an airworthiness approval tag in Form G set out in Schedule 1 to an applicant who meets all the requirements set out in subregulation (2).
(5) A person who has been issued with an airworthiness approval tag may export aeronautical products under the following classifications—
(a) Class II product – a major component of a Class I product such as a wing, fuselage, empennage surface the failure of which would jeopardise the safety of a Class I product or any part, material or system of it; or
(b) Class III product – any part or component which is not a Class I or Class II product or standard part.
22. Certificate of release to service
(1) Where an aircraft for which a certificate of airworthiness has been issued under these Regulations, a part of that aircraft or any of its equipment has been—
(a) overhauled;
(b) repaired;
(c) replaced;
(d) modified;
(e) maintained; or
(f) subjected to an inspection,
such aircraft shall not fly unless a certificate of release to service has been issued to it under the Civil Aviation (Approved Maintenance Organisation) Regulations (Cap. 71:01 (Sub. Leg.)).
(2) An owner or an operator of an aircraft which has been issued with a certificate of release to service when the aircraft, a part of that aircraft or any of its equipment has been—
(a) inspected;
(b) overhauled;
(c) repaired;
(d) replaced;
(e) modified; or
(f) maintained,
shall not allow any equipment or radio apparatus provided for use in the aircraft or provided in any survival craft carried in the aircraft to be placed or installed for use in the aircraft after the issuance of the certificate of release to service, unless a separate certificate of release to service is sought for the equipment or radio apparatus.
(1) Subject to regulation 6, a person shall not fly an aircraft which is registered under the Civil Aviation (Aircraft and Registration Marks) Regulations (Cap. 71:01 (Sub. Leg.)) unless a permit to fly is issued for it.
(2) The Authority may issue a permit to fly in respect of an aircraft that does not qualify for a certificate of airworthiness but is capable of safe flight.
(3) A person who wishes to fly an aircraft under subregulation (1) shall apply for a permit to fly to the Authority in Form A set out in Schedule 2.
(4) The application under subregulation (3) shall be accompanied by—
(a) a certified copy of a permit to fly or its equivalent issued by the Authority;
(b) a fee as set out in Schedule 3; and
(c) such other documents as the Authority may require.
(5) The Authority may issue a permit to fly in respect of an aircraft issued with a permit to fly or equivalent document in another State where the foreign issued permit or equivalent document is still valid and upon payment of a fee set out in Schedule 3.
(6) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
24. Issue and conditions of permit to fly
(1) The Authority may, where the applicant meets all the requirements for a permit to fly under regulation 23, issue a permit to fly an aircraft which shall be in Form B set out in Schedule 2 under the following conditions—
(a) a permit to fly shall not be used to fly an aircraft for commercial air transport or aerial work;
(b) the permit to fly shall not be used to carry any person except the minimum flight crew;
(c) the permit to fly an aircraft may, with the approval of the Authority—
(i) be used to fly such aircraft for the purpose of flying displays, associated practice, tests, modification approval and positioning flights or for the exhibition or demonstration of an aircraft where it is clearly stated therein, or
(ii) be used to fly such aircraft for the purpose of aerial work or the conduct of flying test;
(d) that the aircraft, flying in accordance with a permit to fly, be affixed with a placard in frill view of its occupants worded as follows, “occupants warning this aircraft has not been certificated to internationally accepted certification standards”; and
(e) a copy of the permit is carried on board the aircraft at all times when the aircraft is operating under the conditions of the permit.
(2) A permit to fly an aircraft shall be valid within Botswana boundaries and where an aircraft is flying under the conditions of a permit to fly an aircraft and the flight involves operations over other States, the operator of the aircraft shall first obtain an authorisation from the Authority or the appropriate authority of each of the States concerned prior to undertaking the flight.
(3) A person who contravenes subregulation (1)(a) and (b) commits an offence and is liable to a fine not exceeding P50 000, and to imprisonment for a term not exceeding 10 years, or to both.
(4) A person who contravenes subregulation (1)(c)(i) and (d) commits an offence and is liable to a fine not exceeding P30 000, or to imprisonment for a term not exceeding six years, or to both.
(5) A person who contravenes subregulation (1)(e) commits an offence and is liable to a fine not exceeding P25 000, or to imprisonment to a term not exceeding five years, or to both.
A permit to fly an aircraft shall be valid for a period specified by the Authority and shall not exceed 12 months from the date of issue, unless revoked.
26. Variation of permit to fly
(1) An application for a variation of a permit to fly an aircraft shall be made to the Authority in Form A set out in Schedule 2.
(2) The application under subregulation (1) shall be accompanied by—
(a) a fee set out in Schedule 3; and
(b) such reports from such authorised or approved persons as the Authority may specify.
(3) The Authority shall not accept an application for variation of a permit to fly where the application is not accompanied by such reports from such authorised or approved persons as the Authority may specify.
(4) The Authority may, where the applicant meets all the requirements and upon payment of a fee set out in Schedule 3, vary the conditions of a permit to fly an aircraft as it may deem appropriate.
(1) An application of renewal of a permit to fly an aircraft shall be made to the Authority in Form A set out in Schedule 2.
(2) The application under subregulation (1) shall be accompanied by—
(a) a fee set out in Schedule 3; and
(b) such reports from such authorised or approved persons as the Authority may specify.
(3) The Authority shall not accept an application for renewal of a permit to fly where the application is not accompanied by such reports from such authorised or approved persons as the Authority may specify.
(4) The Authority may, where the applicant meets all the requirements and upon payment of a fee set out in Schedule 3, renew a permit to fly for such period as it may deem appropriate.
28. Issue of duplicate permit to fly
An owner or operator of an aircraft for which the permit to fly is lost, destroyed or mutilated may, by application to the Authority, and on payment of the fee set out in Schedule 3, obtain a duplicate permit.
29. Suspension of permit to fly
The Authority may suspend a permit to fly an aircraft until the satisfactory completion of—
(a) any inspection made for the purpose of ascertaining whether the aircraft remains capable of safe flight;
(b) the maintenance of the aircraft or its equipment in terms of a maintenance programme set out by the owner or approved maintenance organisation and approved by the Authority; or
(c) any modification or repair of the aircraft, its engines or propellers or any of its equipment as may be required by the Authority.
30. Revocation of permit to fly
The Authority may revoke a permit to fly an aircraft, where—
(a) the aircraft has not been repaired or modified after an inspection report made for the purpose of ascertaining whether the aircraft remains airworthy had recommended such repair or modification;
(b) any modification or repair of the aircraft, its engines or propellers or any of its equipment is carried out without the approval of the Authority; and
(c) the owner or operator has not complied with the conditions attached to the permit.
(1) Subject to regulation 6, an owner or operator of an aircraft which is registered under the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations for which a certificate of airworthiness is not in force, shall not fly the aircraft unless a special flight permit is issued for the aircraft.
(2) An application for a special flight permit shall be made in writing to the Authority, and such application shall contain the following information—
(a) the aircraft make, model, serial number and registration marks;
(b) the purpose of the flight and proposed itinerary;
(c) the crew required to operate the aircraft;
(d) details of non-compliance with applicable airworthiness requirements;
(e) any restriction the applicant considers necessary for the safe operation of the aircraft; and
(f) any other information considered necessary by the Authority for the purpose of prescribing operating limitations.
(3) An application under subregulation (2) shall be accompanied by a fee set out in Schedule 3.
(4) The Authority may issue a special flight permit to an aircraft which is capable of safe flight but is unable to meet applicable airworthiness requirements or under any of the following circumstances—
(a) where the aircraft is relocated to a base where maintenance is to be performed, or to a point of storage;
(b) where testing after repairs, modifications, or maintenance have been performed;
(c) when the aircraft is being delivered;
(d) where the aircraft is being evacuated from an area of impending danger, or in cases where force majeure is being done; or
(e) where the aircraft is being operated at a weight in excess of the aircraft’s maximum certified take-off weight for flight beyond normal range where adequate landing facilities or appropriate fuel is not available.
(5) For purposes of subregulation (4)(d), the excess weight is limited to additional fuel, fuel carrying facilities, and navigational equipment necessary for flight.
32. Issue and conditions of special flight permit
(1) The Authority may, where the applicant meets all the requirements under regulation 31, and on payment of a fee set out in Schedule 3 issue a special flight permit which shall be in Form C set out in Schedule 2 under the following conditions—
(a) that a copy of the special flight permit shall be on board the aircraft at all times when operating under the terms of the special flight permit;
(b) that the registration marks assigned to the aircraft by the State of Registry shall be displayed on the aircraft in conformity with the requirements of that State;
(c) that persons or property shall not be carried for commercial purposes on the aircraft;
(d) that a person shall not be carried in the aircraft unless that person is essential for the purpose of the flight and has been advised of the terms of the special flight permit and the airworthiness status of the aircraft;
(e) that the aircraft shall be operated by the crew who are aware of the purpose of the flight and any limitations imposed and who hold appropriate certificates or licences issued or validated by the Authority;
(f) that all flights in that aircraft shall be conducted so as to avoid areas of heavy traffic or any other areas where flights might create hazardous exposure to persons or property;
(g) that all flights shall be conducted within the performance operating limitations prescribed in the aircraft flight manual and any other additional limitations as may be specified by the Authority;
(h) that the special flight permit is not valid for use in foreign airspace unless validated by foreign civil aviation authorities whose airspace will be overflown;
(i) that the operator satisfies itself that the aircraft is fit for the intended flight and all maintenance and operational requirements have been met; and
(j) that the flight be conducted during Day Visual Meteorological Conditions and within the parameters as dictated by the Configuration Deviation List or the Minimum Equipment List.
(2) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
PART IV
Continuing Airworthiness of Aircraft and Aircraft Components (regs 33-47)
33. Responsibility for maintenance
(1) An owner or operator of an aircraft, shall maintain the aircraft in an airworthy condition by ensuring that—
(a) the maintenance, overhaul, modifications and repairs which affect airworthiness are performed as provided under these Regulations;
(b) the maintenance personnel make appropriate entries in the aircraft maintenance records certifying that the aircraft is airworthy;
(c) the approval for a certificate of release to service is completed to the effect that the maintenance work performed has been completed satisfactorily and in accordance with the methods set out by the Authority;
(d) in the event there are open discrepancies, the certificate of release to service shall include a list of the uncorrected maintenance items for which temporary relief is provided in the Minimum Equipment List, where applicable, and these items are made a part of the aircraft permanent record;
(e) the operational and emergency equipment necessary for an intended flight is serviceable; and
(f) maintenance of the aircraft is performed in accordance with the approved maintenance programme.
(2) The holder of an air operator’s certificate shall, in order to ensure the continued airworthiness of an aircraft which provides commercial air transport services—
(a) provide a maintenance control manual or an equivalent document approved by the Authority for that aircraft;
(b) appoint such number of nominated post-holders as may be accepted by the Authority who shall be responsible for controlling the management of the maintenance of the aircraft in accordance with the maintenance control manual; and
(c) ensure that an aircraft shall not be operated commercially unless it is maintained and released to service by an approved maintenance organisation or under an equivalent system acceptable to the Authority.
(3) A person shall not perform maintenance, preventive maintenance, or modifications on an aircraft or a component of any aircraft other than as may be specified by the Authority under these Regulations.
(4) A person shall not operate an aircraft for which a manufacturer’s maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitation section unless the mandatory replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and related procedures set out in the approved operations specifications, or in accordance with the approved inspection program have been complied with.
(5) A person shall not operate an aircraft, aeronautical product, or accessory to which an Airworthiness Directive applies, issued either by the State of Design, or State of Manufacturer and has been adopted for a Botswana registered aircraft by the Authority, or by the State of Registry for aircraft operated within Botswana, except in accordance with the requirements of that Airworthiness Directive.
(6) An owner or operator of an aircraft shall appoint a technical coordinator accepted by the Authority to ensure that arrangements are in place for the continued airworthiness of an aircraft which exceeds the authorised maximum weight of 2 700 kg, and which does not provide commercial air transport services.
(7) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
(1) The Authority may issue an Airworthiness Directive or a service bulletin—
(a) where it has determined that an airframe or aeronautical product has exhibited an unsafe condition and that condition is likely to exist or to develop in other products of the same design;
(b) where it has identified in a manufacturer’s service bulletin or any other sources of data inspections, procedures and limitations that require mandatory compliance; or
(c) based on service information reported to it by operators, organisations responsible for type design or maintenance organisations.
(2) Whenever a State of Design issues an Airworthiness Directive as a result of the existence of a condition in an aircraft, airframe, aircraft engine, propeller, appliance or any component part that is unsafe, the Authority shall make all the requirements in that directive applicable to all Botswana registered aircraft of the type identified in the directive.
(3) An Airworthiness Directive issued under this regulation shall contain information specifying inspections and the conditions and limitations, if any, under which the affected products may continue to be operated.
(4) The Authority shall report any Airworthiness Directives or continuing additional airworthiness requirements that it issues or any malfunction or defect reports to the State of Design.
(5) A person who fails to comply with any Airworthiness Directive or service bulletin issued under this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
35. Duties of nominated post-holders and technical coordinators
(1) A person who meets the training, experience and qualification requirements set by the Authority shall be accepted to be a nominated post-holder or technical coordinator.
(2) A nominated post-holder or a technical coordinator shall ensure and verify that—
(a) the maintenance on the aircraft is carried out in accordance with the maintenance programme approved for that aircraft;
(b) the inspections and any modifications required by the Authority have been complied with and completed;
(c) where any inspections or modifications are completed the relevant certificate of release to service has been issued for that aircraft;
(d) defects entered in the technical log of the aircraft in terms of regulation 57 have been rectified or where the rectification is deferred, the deferment is in line with the procedures approved by the Authority; and
(e) any technical assessments required by the manufacturer of the aircraft or as specified by the Authority are undertaken and reports of the continued airworthiness of the aircraft are provided in accordance with the requirements of the Authority.
(3) A person who is not qualified or accepted by the Authority and performs any of the activities specified under subregulation (2) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment to a term not exceeding 10 years, or to both.
36. Maintenance and inspection
(1) A person shall not operate an aircraft unless the aircraft and its components are maintained in accordance with a maintenance program and the aircraft is inspected according to an inspection program approved by the Authority.
(2) The maintenance program shall be developed by the operator or through delegation to an approved maintenance organisation.
(3) The maintenance program shall include a description of the aircraft and components and recommended methods for the accomplishment of maintenance tasks and such information shall include guidance on defect diagnosis.
(4) The maintenance program shall include the maintenance tasks and the recommended intervals at which these tasks are to be performed.
(5) The maintenance tasks and frequencies that have been specified as mandatory by the State of Design in approval of the type design of that aircraft shall be identified in the maintenance program.
(6) The maintenance program shall have a certificate of release to service, including signed documentation, in a manner satisfactory to the Authority, indicating that the maintenance performed has been completed satisfactorily in accordance with these Regulations.
(7) The owner or operator shall use one of the following inspection programs as appropriate for the aircraft and the type of operation—
(a) an annual inspection;
(b) an annual 100-hour inspection;
(c) a progressive inspection; or
(d) continuous airworthiness maintenance program.
(8) The design and application of Maintenance Programmes shall observe Human Factors Principles.
(9) A person who operates a piston engine aircraft in the general aviation category and seeks extension of the engine time between overhaul shall apply to the Authority in writing and such application shall be accompanied by a fee set out in Schedule 3.
(10) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
37. Inspections or investigations for airworthiness purposes
(1) The Authority may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes of this Part.
(2) A person authorised by the Authority to carry out inspections, investigations, tests, experiments and flight trials under subregulation (1) may, at any reasonable time inspect any—
(a) part of, or material intended to be incorporated in or used in the manufacture of any part of an aircraft or its equipment; or
(b) documents relating thereto,
and may for that purpose enter any aerodrome, aircraft factory or any other premises.
38. Mandatory reporting of defects
(1) An owner or operator of aeroplanes over 5 700kg and helicopters over 3 175 kg maximum certificated take-off mass or approved maintenance organisation shall report to the Authority and the organisation responsible for the type design of aircraft any failure, malfunction, or defect that result in the following—
(a) fires during flight and whether the related fire-warning system properly operated;
(b) fires during flight not protected by a related fire-warning system;
(c) false fire warning during flight;
(d) an engine exhaust system that causes damage during flight to the engine, adjacent structure, equipment, or components;
(e) an aircraft component that causes accumulation or circulation of smoke, vapour, or toxic or noxious fumes in the crew compartment or passenger cabin during flight;
(f) engine shutdown during flight because of flameout;
(g) engine shutdown during flight when external damage to the engine or aircraft structure occurs;
(h) engine shutdown during flight due to foreign object ingestion or icing;
(l) shutdown during flight of more than one engine;
(j) a propeller feathering malfunction or inability of the system to control overspeed during flight;
(k) a fuel or fuel-pumping system failure that affects fuel flow or causes hazardous leakage during flight;
(l) an unintended landing gear extension or retraction, or opening or closing of landing gear doors during flight;
(m) brake system components failure that result in loss of brake actuating force when the aircraft is in motion on the ground;
(n) aircraft structure that requires major repair;
(o) cracks, permanent deformation, or corrosion of aircraft structure, if more than the maximum levels acceptable to the manufacturer or the Authority;
(p) aircraft components or system malfunctions that result in taking emergency actions during flight except action to shut down an engine;
(q) each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected technical difficulties or malfunctions;
(r) any abnormal vibration or buffering caused by a structural or system malfunction, defect, or failure; or
(s) a failure or malfunction of more than one altitude, airspeed, or altitude instrument during a given operation of the aircraft.
(2) An owner or operator of aircraft over 5 700 kg maximum take-off weight shall report to the Authority—
(a) the number of engines removed prematurely because of malfunction, failure or defect, listed by make and model and the aircraft type in which it was installed; and
(b) the number of propeller featherings in flight, listed by type of propeller and engine and aircraft on which it was installed.
(3) A report required under subregulation (2) shall—
(a) be made within three days after determining that the failure, malfunction, or defect required to be reported has occurred;
(b) include as much of the following information as is available and applicable—
(i) aircraft serial number,
(ii) when the failure, malfunction, or defect is associated with an article approved under a Technical Standards Order authorisation, the article serial number and model designation, as appropriate,
(iii) when the failure, malfunction or defect is associated with an engine or propeller, the engine or propeller serial number, as appropriate,
(iv) product model,
(v) identification of the part, component, or system involved, including the part number, and
(vi) nature of the failure, malfunction, or defect;
(c) state the airworthiness deficiencies to the type design organisation of the aircraft affected; and
(d) state the airworthiness deficiencies to the Authority, which shall then pass the information on to the type design organisation of the aircraft affected.
(4) The Authority shall, where it is not the authority of the State of Registry of the aircraft, submit all such reports upon receipt to the State of Registry.
39. Persons authorised to perform maintenance
(1) A person shall not perform any task defined as maintenance on an aircraft or an aeronautical product, except as provided in the following—
(a) a pilot licensed by the Authority may perform preventive maintenance on any aircraft owned or operated by that pilot as long as the aircraft is not listed for use by an air operator certificate holder;
(b) a person working under the supervision of an aviation maintenance technician may perform the maintenance, preventive maintenance, and modifications that the supervisory aviation maintenance technician is authorised to perform—
(i) if the supervisor personally observes the work being done to the extent necessary to ensure that it is being done properly, and
(ii) if the supervisor is available, in person, for consultation;
(c) a licensed aviation maintenance engineer may perform or supervise the maintenance or modification of an aircraft or aeronautical product for which he or she is rated subject to the limitation under these Regulations;
(d) an approved maintenance organisation may perform aircraft maintenance within the limits specified under the Civil Aviation (Approved Maintenance Organisation) Regulations; or
(e) an air operator certificate holder may perform aircraft maintenance as specified under the Civil Aviation (Air Operator Certification and Administration) Regulations.
(2) A manufacturer holding an approved maintenance organisation certificate may—
(a) rebuild or alter any aeronautical product manufactured by that manufacturer under a type or production certificate;
(b) rebuild or alter any aeronautical product manufactured by that manufacturer under a Technical Standard Order authorisation, a Parts Manufacturer Approval by the State of Design, or Product and Process Specification issued by the State of Design; and
(c) perform any inspection required on an aircraft it manufactures, while currently operating under a production certificate or under a currently approved production inspection system for such aircraft.
(3) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
40. Authorised personnel for release to service
A person or entity, other than the Authority, may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service after the aircraft has undergone maintenance, preventive maintenance, rebuilding, or modification, except as provided in the following—
(a) a pilot, authorised under regulation 39, may return his or her aircraft to service after performing authorised preventive maintenance;
(b) a licensed aviation maintenance engineer authorised under regulation 39 may approve aircraft and aeronautical products for return to service after he or she has performed, supervised, or inspected its maintenance subject to the limitations under these Regulations;
(c) an approved maintenance organisation certificate holder may approve aircraft and aeronautical products for return to service as provided in the operations specifications approved by the Authority; or
(d) an aircraft operator certificate holder may approve aircraft and aeronautical products for return to service as specified by the Authority.
41. Persons authorised for inspections
A person, other than the Authority, may perform the inspections required for aircraft and aeronautical products prior to or after it has undergone maintenance, preventive maintenance, rebuilding, or modification, except as provided in the following—
(a) an aviation maintenance engineer may conduct the required inspections of aircraft and aeronautical products for which he or she is rated;
(b) an approved maintenance organisation may perform the required inspections of aircraft and aeronautical products as provided in the operations specifications approved by the Authority; or
(c) an aircraft operator certificate holder may perform the required inspections of aircraft and aeronautical products in accordance with specifications issued by the Authority.
42. Performance rules: maintenance
(1) A person who performs any maintenance, preventive maintenance or any modification on an aeronautical product shall use the methods, techniques and practices—
(a) set out in the updated manufacturer’s maintenance manual or instructions for continued airworthiness prepared by the manufacturer; or
(b) required or designated by the Authority where the manufacturer’s manual or instructions are not available.
(2) A person who performs any maintenance, preventive maintenance or any modification under subregulation (1) shall use the tools, equipment and test apparatus necessary to complete the work in accordance with accepted industry practices including any special equipment or apparatus as may be specified by the Authority.
(3) A person who performs any maintenance, preventive maintenance or any modification on an aeronautical product shall use such quality materials and carry out such maintenance, preventive maintenance or modification in such a way that the aeronautical product shall be restored to its original or properly altered condition with regard to its aerodynamic function, structural strength, resistance to vibration and deterioration and other qualities affecting airworthiness.
(4) The methods, techniques and practices contained in an air operator certificate holder’s maintenance control manual and continuous maintenance program as approved by the Authority shall constitute an acceptable means of compliance with this regulation.
(1) The Authority shall ensure that—
(a) all modifications and repairs comply with airworthiness requirements acceptable to their standards; and
(b) procedures are established to ensure that the substantiating data supporting compliance with the airworthiness requirements are retained.
(2) Subject to regulations 33 and 42, a person shall not carry out any modification or major repair on an aircraft or aeronautical product unless authorised by the Authority.
(3) An application for authorisation referred to under subregulation (2) shall be made in Form D set out in Schedule 2 which application shall be accompanied by a fee set out in Schedule 3.
(4) The provisions of subregulation (2) shall not apply where the modification or major repair on an aircraft emanates from Airworthiness Directives, Mandatory Service Bulletins, Service Bulletins or is covered by the Structural Repair Manual.
(5) Where modifications or major repairs are made pursuant to subregulation (4), a report pertaining to the modification or major repairs shall be made and submitted to the Authority.
(6) An applicant for a modification or repair shall have comprehensive knowledge, experience and capabilities in the applicable technologies, such that in-depth analyses can be performed where required, as well as sufficient information on the type design of the aircraft involved.
(7) The Authority shall ensure that—
(a) the modifications and repairs comply with airworthiness requirements acceptable to their standards; and
(b) procedures are established to ensure that the substantiating data supporting compliance with the airworthiness requirements are retained.
44. Performance rules: inspections
(1) A person performing an inspection required by the Authority under these Regulations shall perform the inspection to determine whether the aircraft or any part of it meets all the applicable airworthiness requirements required under these Regulations.
(2) A person performing an inspection on a rotorcraft shall inspect the following systems in accordance with the maintenance manual or the instructions for continuous airworthiness of the manufacturer concerned—
(a) the drive shafts or similar systems;
(b) the main rotor transmission gear box;
(c) the main rotor and centre section or an equivalent area; and
(d) the auxiliary rotor on helicopters.
(3) A person performing an annual or 100-hour inspection shall use a checklist which shall include the scope and detail of the items specified by the Authority in Schedule 4.
(4) The format of the checklist referred to under subregulation (3) may be—
(a) designed by the person carrying out the inspection;
(b) as provided by the manufacturer of the equipment being inspected; or
(c) obtained from other sources.
(5) A person approving a piston-engine aircraft for return to service after an annual or 100-hour inspection shall, before approval, run the aircraft engine or, where the aircraft has more than one engine, run all of the aircraft engines to determine the satisfactory performance with the current manufacturer’s recommendations of—
(a) power output;
(b) magnetos;
(c) fuel and oil pressure; and
(d) cylinder and oil temperature.
(6) A person approving a turbine engine aircraft for return to service after an annual or a 100-hour inspection shall, before approval, run the aircraft engine or, where the aircraft has more than one engine, run all of the aircraft engines to determine satisfactory performance with the current manufacturer’s recommendations.
(1) A person performing a progressive inspection shall, at the start of a progressive inspection system, inspect the aircraft and afterwards carry out routine and detailed inspections in accordance with the progressive inspection schedule accepted by the Authority.
(2) Routine inspections shall consist of a visual examination or check of the appliances, the aircraft and its components and systems in so far as is practicable without disassembly.
(3) Detailed inspections shall consist of a thorough examination of the appliances, the aircraft and its components and systems with such disassembly as may be necessary.
(4) For purposes of subregulation (3), the overhaul of a component or system shall be considered to be a detailed inspection.
(5) Where the aircraft is far from the station where inspections are normally conducted, an appropriately rated aviation maintenance technician, an approved maintenance organisation or the manufacturer of the aircraft may perform inspections on the aircraft in accordance with the procedures required for the inspection of that aircraft.
(6) An aviation maintenance technician, an approved maintenance organisation or the manufacturer of an aircraft performing an inspection under subregulation (5) shall complete all the documentation required for the inspection of that aircraft.
46. Continuous airworthiness maintenance program inspections
A person performing an inspection program required for an air operator certificate holder’s aircraft or an aircraft maintained under a continuous airworthiness maintenance program shall perform such inspection according to the instructions and procedures contained in the inspection program.
47. Performance rules: airworthiness limitation
A person performing an inspection or maintenance specified in an airworthiness limitation section of a current manufacturer’s maintenance manual or instructions for continued airworthiness shall perform the inspection or maintenance according to that section or specifications approved by the Authority.
PART V
Aircraft Noise Certification (regs 48-55)
(1) In this Part—
(a) “Annex 16, Volume I” means Annex 16 to the Chicago Convention, Volume I entitled “Environmental Protection-Aircraft Noise”, as amended from time to time by the International Civil Aviation Organisation (ICAO) and adopted by Botswana; and
(b) “Annex 16, Volume II” means Annex 16 to the Chicago Convention, Volume II entitled “Environmental Protection-Aircraft Engine Emissions”, as amended from time to time by the International Civil Aviation Organisation (ICAO) and adopted by Botswana.
(2) For the purposes of this Part, the conditions under which noise and vibration may be caused by aircraft, including military aircraft, on any aerodrome or on an aerodrome at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, shall be as follows—
(a) the aircraft is taking-off or landing;
(b) the aircraft is moving on the ground or water; or
(c) the engines are being operated in the aircraft—
(i) for the purpose of ensuring their satisfactory performance,
(ii) for the purpose of bringing them to a proper temperature in preparation for, or at the end of a flight, or
(iii) for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.
49. Aircraft noise certification
(1) A person shall not operate an aircraft, unless—
(a) the aircraft complies with the standards relating to aircraft noise emission contained in this regulation; or
(b) it carries a document attesting noise certification in accordance with Chapter 1 of Annex 16, Volume I, Part II, and, if the document is issued in a language other than English, it shall include an English translation.
(2) An application for a certificate of noise compliance shall—
(a) be made in Form E set out in Schedule 2 and accompanied by a fee set out in Schedule 3;
(b) be signed by the owner or operator of the aircraft in respect of which it is submitted or by a representative of the owner; and
(c) include evidence that the aircraft meets the noise emission levels referred to in this regulation.
(3) The Authority shall issue a certificate of noise compliance in Form F set out in Schedule 2 in respect of an aircraft that meets the applicable noise emission levels specified in this regulation.
(4) A person who contravenes the provisions of subregulation (1), commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
50. Suspension of certificate of noise compliance
The Authority may suspend a certificate of noise compliance if the aircraft in respect of which it was issued no longer meets the noise emission levels or the maximum engine emission levels referred to under this Part.
51. Revocation of certificate of noise compliance
The Authority may revoke a certificate of noise compliance if the aircraft in respect of which it was issued no longer meets the noise emission levels or the maximum engine emission levels referred to under this Part.
52. Aircraft noise emission standards
The standards applicable to this regulation which relate to aircraft noise emission shall be those contained in the following Chapters of Annex 16, Volume I, Part II—
(a) Chapter 2, entitled “Subsonic jet aeroplanes – Application for certificate of airworthiness for the prototype accepted before 6 October 1977”;
(b) Chapter 3, entitled—
(i) “1. Subsonic jet aeroplanes – Application for certificate of airworthiness for the prototype accepted on or after 6th October, 1977 and before 1st January, 2006”,
(ii) “2. Propeller-driven aeroplanes over 5 700 kg – Application for certificate of airworthiness for the prototype accepted on or after 1st January, 1985 and before November 1988”, and
(iii) “3. Propeller-driven aeroplanes over 8 618 kg – Application for certificate of airworthiness for the prototype accepted on or after 17th November, 1988 and before 1st January, 2006”;
(c) Chapter 4, entitled—
(i) “1. Subsonic jet aeroplanes – Application for certificate of airworthiness for the prototype accepted on or after 1st January 2006”, and
(ii) “2. Propeller-driven aeroplanes over 8 618 kg – Application for certificate of airworthiness for the prototype accepted on or after 1st January, 2006”;
(d) Chapter 5, entitled “Propeller-driven aeroplanes over 5 700 kg – Application for certificate of airworthiness for the prototype accepted before 1st January, 1985”;
(e) Chapter 6, entitled “Propeller-driven aeroplanes not exceeding 8 618 kg – Application for certificate of airworthiness for the prototype accepted before 17th November, 1988”;
(f) Chapter 8, entitled “Helicopters”;
(g) Chapter 10, entitled “Propeller-driven aeroplanes not exceeding 8 618 kg – Application for certificate of airworthiness for the prototype or derived version accepted on or after 17th November, 1988”;
(h) Chapter 11, entitled “Helicopters not exceeding 3 175 kg maximum certificated take-off mass”; and
(i) Chapter 12, entitled “Supersonic aeroplanes”.
53. Evaluation methods for aircraft noise
(1) The evaluation methods of aircraft noise to be used under this regulation shall be those contained in the following Appendices of Annex 16 Volume I—
(a) APPENDIX 1, entitled “Evaluation method for noise certification of subsonic jet aeroplanes – Application for certificate of airworthiness for the prototype accepted before 6th October, 1977”;
(b) APPENDIX 2, entitled “Evaluation method for noise certification of—
(i) “1. Subsonic jet aeroplanes – Application for certificate of airworthiness for the prototype accepted on or after 6th October, 1977”,
(ii) “2. Propeller-driven aeroplanes over 5 700 kg – Application for certificate of airworthiness for the prototype accepted on or after 1st January, 1985 and before November, 1988”,
(iii) “3. Propeller-driven aeroplanes over 8 618 kg – Application for certificate of airworthiness for the prototype accepted on or after 17th November, 1988”, and
(iv) “4. Helicopters”;
(c) APPENDIX 3, entitled “Noise evaluation method for noise certification of propeller-driven aeroplanes not exceeding 8 618 kg – Application for certificate of airworthiness for the prototype accepted before 17th November, 1988”;
(d) APPENDIX 4, entitled “Evaluation method for noise certification of helicopters not exceeding 3 175 kg maximum certificated take-off mass”; and
(e) APPENDIX 6, entitled “Noise evaluation method for noise certification of propeller-driven aeroplanes not exceeding 8 618 kg – Application for certificate of airworthiness for the prototype accepted on or after 17th November, 1988”.
(2) In addition to the evaluation methods of aircraft noise under subregulation (1), the Authority may specify the conditions under which noise and vibration may be caused by aircraft on aerodromes.
54. Turbine engine powered aircraft
(1) A person shall not operate an all turbine engine powered aircraft, unless the aircraft complies with the standards related to the prevention of intentional fuel venting contained under this Part.
(2) A person who applies for a certificate of airworthiness of a prototype, or an amendment to such a certificate approving a new model of, or any change affecting the fuel venting or the engine emission, of the aircraft, shall show compliance with the applicable requirements of this regulation.
(3) The standards for the prevention of intentional fuel venting applicable to the issuance of a certificate of airworthiness of a prototype for all turbine engine powered aircraft, or for a change to such a certificate to record the approval of an additional model, shall be those specified in this regulation.
(4) The standards for the prevention of intentional fuel venting for all turbine engine powered aircraft are those contained in Annex 16, Volume II, Part II “Vented Fuel”.
(5) The maximum engine emission levels for the issuance of a certificate of airworthiness of a prototype in respect of a turbo-jet or turbofan aircraft engine that is intended for subsonic or supersonic speed, or for a change to such a certificate, shall be those specified in this regulation.
55. Turbo-jet and turbofan engine aircraft
(1) A person shall not operate an aircraft with turbo-jet and turbofan engines intended for propulsion only at subsonic speeds or turbo-jet and turbofan engines intended for propulsion at supersonic speeds unless it carries a document attesting emissions certification in accordance with Chapter 1 of Annex 16, Volume II, Part III, and, if the document is issued in a language other than English, it shall include a certified English translation.
(2) The standards related to aircraft engine emissions to be used shall be those contained in Annex 16, Volume II, Part III “Emission certification”, as follows—
(a) CHAPTER 2, entitled “Turbo-jet and turbofan engines intended for propulsion only at subsonic speeds”; and
(b) CHAPTER 3, entitled “Turbo-jet and turbofan engines intended for propulsion at supersonic speeds”.
(3) The methods for the evaluation of aircraft engine emissions to be used shall be those contained in Annex 16, Volume II, Appendices 1 through 6 included.
PART VI
Maintenance Records and Entries (regs 56-62)
(1) The following aircraft records shall be kept in respect of an aircraft registered in Botswana—
(a) a technical log;
(b) an aircraft logbook;
(c) a separate logbook in respect of each engine fitted in the aircraft; and
(d) a separate logbook in respect of each variable pitch propeller fitted to the aircraft.
(2) A technical log shall be kept in respect of every aircraft registered in Botswana in respect of which a certificate of airworthiness is in force.
(3) In the case of an aircraft of which the maximum total weight authorised is 2 700 kg or less and which is not operated by the holder of an air operator’s certificate issued in with the Civil Aviation (Air Operator Certification and Administration) Regulations, a record in a form acceptable to the Authority may be kept instead of a technical log.
(4) A person who fails to keep the records specified under this regulation commits an offence and his or her certificate or licence shall be suspended on such conditions as may be specified by the Authority.
(1) The pilot-in-command of the aircraft shall, at the end of every flight by an aircraft to which the provisions of this regulation apply, enter in a technical log or approved record, as the case may be—
(a) the times when the aircraft took off and landed;
(b) particulars of any defect which is known to him or her and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him or her, an entry to that effect; and
(c) such other particulars in respect of the airworthiness or operation of the aircraft as the Authority may require.
(2) The pilot-in-command shall sign and date all entries made as required under subregulation (1).
(3) The pilot-in-command may, except where he or she becomes aware of a defect during an earlier flight, make the entries specified in subregulation (1) at the end of the last of the consecutive flights where each of the consecutive flights begins and ends—
(a) within the same period of 24 hours;
(b) at the same aerodrome, except where each flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and
(c) with the same person as pilot-in-command of the aircraft.
(4) Upon the rectification of any defect which has been entered in a technical log in accordance with subregulations (1) and (3), a person issuing a certificate of release to service in respect of that defect shall enter the certificate in the technical log or approved record in such a position as to be readily identifiable with the defect to which it relates.
(5) A person who fails to make the necessary entries as specified under this regulation commits an offence and his or her certificate or licence shall be suspended on such conditions as may be determined by the Authority.
(1) The technical log referred to under regulation 56 shall be carried in the aircraft in accordance with the requirements specified by the Authority.
(2) in the case of a helicopter, if it is not reasonably practicable for the copy of the technical log or approved record to be kept on the ground it may be carried in the helicopter in a container approved by the Authority for that purpose.
(3) An operator of an aircraft for which a technical log is required to be kept shall keep the technical log or cause it to be kept in accordance with the requirements specified by the Authority.
(4) A person who fails to keep the records set out in this regulation commits an offence and his or her certificate or licence shall be suspended on such conditions as may be determined by the Authority.
(1) The logbooks referred to in regulation 56(1)(b), (c) and (d) shall include the particulars specified by the Authority.
(2) Any document or electronic record that has been incorporated by reference in a logbook shall be deemed, for the purposes of these Regulations, to be part of the logbook.
(3) An operator of an aircraft in respect of which logbooks are required to be kept shall, keep them or cause them to be kept in accordance with the requirements specified by the Authority.
(4) A person who fails to keep the records set out in this regulation commits an offence and his or her certificate or licence shall be suspended on such conditions as may be determined by the Authority.
60. Maintenance records: aircraft and life-limited parts
(1) A person who maintains, performs preventive maintenance, rebuilds or alters an aircraft or life-limited parts shall, when the work is performed satisfactorily make an entry in the maintenance record of that equipment as follows—
(a) a description or reference to data accepted by the Authority of work performed including—
(i) the total time in service of the aircraft and all the life-limited components,
(ii) the current status of compliance with all mandatory continuing airworthiness information,
(iii) appropriate details of modifications and repairs,
(iv) the current status of the aircraft’s compliance with the maintenance program, and
(v) the detailed maintenance records to show that all requirements for signing of a certificate of release to service are met;
(b) completion date of all work performed; and
(c) the name, signature, certificate number and the kind of licence held by the person approving the work.
(2) A person shall, in addition to the entry required under subregulation (1), enter information relating to major repairs and modifications in the manner and form set out in Schedule 5.
(3) An owner or operator shall ensure that the records required to be kept under this regulation are kept for a minimum period of one year after the unit to which they refer has been permanently withdrawn from service or after the signing of the certificate of release to service, as the case may be.
(4) The records referred to under subregulation (3) shall be made available to a temporary operator in the event of a temporary change of operators or transferred to a new operator in the event of a permanent change of operators.
61. Maintenance records: aeronautical products
(1) A person shall not approve for return to service any aeronautical product that has undergone maintenance, preventive maintenance, overhaul or rebuilding of that product unless—
(a) the appropriate maintenance record including the maintenance tag has been made;
(b) the repair and modification form authorised or provided by the Authority has been executed; and
(c) where the repair or modification results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data are appropriately revised.
(2) A person shall not describe in any required maintenance form or entry, an aeronautical product as being overhauled or rebuilt unless—
(a) it has been disassembled, cleaned, inspected as permitted, repaired as necessary and reassembled using methods, techniques and practices accepted by the Authority; and
(b) it has been tested in accordance with approved standards and technical data, or in accordance with current standards and technical data accepted by the Authority which have been developed and documented by the holder of the type certificate, supplemental type certificate or a material, part, process or appliance manufacturing approval.
(3) A person shall not describe in any required maintenance form or entry, an aircraft or other aeronautical product as being rebuilt unless it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled and tested to the same tolerances and limits as a new item, using new or used parts that conform to new part tolerances and limits.
62. Inspection records: return to service
(1) A person approving or disapproving the return to service of an aeronautical product after any inspection under these Regulations shall make an entry in the maintenance record of that equipment, and such entry shall contain the following—
(a) type of inspection and a brief description of the extent of the inspection;
(b) date of the inspection and total time in service of the aircraft or component;
(c) signature, licence number and the kind of licence held by the person; or
(d) a statement of an indication of the person’s approval or disapproval as specified in the Civil Aviation (Approved Maintenance Organisation) Regulations.
(2) A person performing an inspection under an inspection program shall comply with the conditions under subregulation (1) and make an entry identifying the inspection program accomplished and include a statement that the inspection was performed in accordance with the inspections and procedures for that particular program.
(3) A person performing any inspection required under these Regulations who finds that the aircraft is not airworthy or does not conform to the applicable type certificate data sheet, Airworthiness Directives or other approved data upon which its airworthiness depends shall give the owner or operator of the aircraft a signed and dated list of the discrepancies.
PART VII
Miscellaneous (regs 63-70)
The Authority may accept airworthiness codes of other States and such acceptance shall be published in the Airworthiness Circulars or other Civil Aviation Publications.
(1) A person shall not fly an aircraft unless he or she carries the documents that are required under the law of the country in which the aircraft is registered.
(2) An aircraft registered in Botswana shall, when in flight, carry documents in accordance with the instructions given or requirements specified by the Authority.
(3) A person who fails to carry the documents specified under this regulation commits an offence and his or her certificate or licence shall be suspended on such conditions as may be determined by the Authority.
The pilot-in-command of an aircraft shall, within a reasonable time after being requested to do so by the Authority, cause to be produced—
(a) the certificates of airworthiness, release and validation in force in respect of the aircraft;
(b) the permit to fly that aircraft;
(c) the technical log and the other logbooks required to be kept under these Regulations; and
(d) such other documents as the aircraft is required to carry when in flight.
66. Power to inspect and copy records
(1) An authorised person shall have the power to inspect and copy any certificate, permit, log, logbook, document or record required to be carried under regulation 64.
(2) A person who refuses to allow an authorised person to inspect or copy any of the documents specified under subregulation (1) commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
(3) For the purpose of this regulation, “authorised person” means an inspector from the Authority or any other person officially delegated or authorised by the Authority to inspect or copy the items stated in the regulation.
(1) A person shall not, with intent to deceive—
(a) use any certificate, permit, authorisation, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he or she is not entitled;
(b) lend any certificate, permit, authorisation, exemption or other document issued or having effect or required by or under these Regulations to, or allow it to be used by, any other person; or
(c) make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any such certificate, permit, authorisation or exemption or any other document.
(2) In this regulation reference to a certificate, permit, authorisation, exemption or other document includes a copy or purported copy of the certificate, permit, authorisation, exemption or other document.
(3) A person shall not—
(a) intentionally damage, alter or render illegible any certificate, permit, authorisation or document required to be maintained under these Regulations;
(b) knowingly make, or procure or assist in the making of, any false entry in or material omission from any such certificate, permit, authorisation or document; or
(c) destroy any such certificate, permit, authorisation or document during the period for which it is required under these Regulations to be preserved.
(4) A person shall not purport to issue any certificate, authorisation or permit for the purposes of these Regulations unless he or she is authorised, to do so under these Regulations.
(5) A person shall not issue any certificate, authorisation or permit for the purposes of these Regulations unless he or she has satisfied himself or herself that all requirements for the issuance of the certificate, authorisation, or permit have been complied with.
(6) Any person who makes any false representation for the purpose of procuring for himself, herself or any other person a certificate, authorisation or permit for the purposes of these Regulations commits an offence and is liable to—
(a) a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both;
(b) withdrawal of his or her application or request for the certificate, authorisation or permit; or
(c) revocation of the certificate, authorisation or permit issued to him or her on the basis of the false representations made by him in the application.
A person who contravenes any of the provisions of these Regulations for which a penalty has not been specified commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
69. Revocation of S.I. No. 23 of 2012
The Civil Aviation (Airworthiness) Regulations, 2012 are hereby revoked.
70. Savings and transitional provisions
A licence, certificate, permit, approval or any other document issued under these Regulations to an owner or operator prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires or is cancelled by the Authority.
FORM A
APPLICATION FOR TYPE ACCEPTANCE CERTIFICATE
(reg 4(1))
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REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3688200/3913236 Fax +267 3930165 |
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FLIGHT SAFETY DIRECTORATE |
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APPLICATION FOR TYPE ACCEPTANCE CERTIFICATE |
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This form shall be completed when seeking a Type Acceptance Certificate (TAC) in accordance with Regulation 4 of the Civil Aviation (Airworthiness) Regulations for a type of aircraft manufactured outside Botswana, or an amendment of a TAC to add another aircraft. The completed form shall be forwarded to the Director, Flight Safety, Civil Aviation Authority of Botswana, together with proof of payment and all other required documents. |
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A. APPLICANT’S DETAILS – Please provide name of person you wish CAAB to contact in relation to this application |
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Name (in full) |
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Organisation |
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Contact details |
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Telephone |
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Mobile phone |
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Fax |
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Postal address |
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Physical address |
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B. DESCRIPTION OF AIRCRAFT OR AERONAUTICAL PRODUCT |
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Type certificate (TC) holder |
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TC number |
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Equipment manufacturer |
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Equipment type & model |
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Country of manufacture |
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Name of the country which issued the type certificate |
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Type certificate data |
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or |
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CD |
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Paper copy; |
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Sheet submitted to CAAB by: (check applicable box) |
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or |
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C. APPLICANT DECLARATION |
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I declare that the information provided in this application is true and correct. |
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Name (in full) |
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Job title |
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Signature …………………………. |
Date …………………………. |
FORM B
TYPE ACCEPTANCE CERTIFICATE
(reg 4(4))
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REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3688200/3913236 Fax +267 3930165 |
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FLIGHT SAFETY DIRECTORATE |
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TYPE ACCEPTANCE CERTIFICATE |
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Number: B/TAC/ …………../…………….. |
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Pursuant to Regulation 4 of the Civil Aviation (Airworthiness) Regulations this certifies acceptance of the (*Aircraft/Engine/Propeller) type and model of product. |
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(*Aircraft/Engine/Propeller) of the type and models covered by this certificate are eligible for Botswana certificates of airworthiness. |
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The basis of certification is as prescribed in type certificate data sheet. |
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Number …………………………………….. Issued by the ……………………………… |
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This Type Acceptance Certificate is valid until suspended or revoked by the Civil Aviation Authority of Botswana, or when Type Certificate Number ……………………….. is revoked by the issuing authority. |
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Date of Issue: |
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FORM C
APPLICATION FOR A CERTIFICATE OF AIRWORTHINESS
(regs 7(1), 12(3) and 14(1))
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REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3688200/3913236 Fax +267 3930165 |
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FLIGHT SAFETY DIRECTORATE |
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APPLICATION FOR CERTIFICATE OF AIRWORTHINESS |
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INSTRUCTION: Complete all sections, unless otherwise stated. |
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The completed form shall be forwarded to the Civil Aviation Authority of Botswana together with the required documents. |
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A. This application is for: |
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(Tick applicable box) |
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Initial issue
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B. Enter Aircraft’s Registration Marks here: |
A2- |
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C. OWNERSHIP INFORMATION |
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1. Name and address of applicant |
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Telephone |
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2. Name and address of aircraft owner |
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Telephone |
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3. Name and address of aircraft operator |
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Telephone |
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D. DESCRIPTION OF AIRCRAFT |
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NOTE: For aircraft seeking initial issue of Botswana certificate of airworthiness, items (1) and (2) below refer to certificate issued by previous State of Registry. Otherwise information refers to certificate issued by CAAB. |
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1. Certificate of Airworthiness No. |
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2. Expiry date |
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3. Aircraft make and model |
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4. Serial No. |
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5. Time since new |
Hours |
Cycles |
6. Time since last Annual/Overhaul/ D check |
Hours |
Cycles |
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7. Country and year of manufacture |
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8. Type certificate number |
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9. Seating capacity |
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Flight crew |
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Cabin crew |
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Passengers |
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10. Engine make and model |
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11. No. of engines |
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12. Propeller make and model |
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A2- |
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E. AIRCRAFT CATEGORY |
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1. Indicate purpose for which aircraft is currently utilised (Tick applicable box) |
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F. VARIATION OF CERTIFICATE OF AIRWORTHINESS |
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NOTE: Complete this section only if applying for changes to information on a certificate of airworthiness |
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1. The following variation(s) is/are requested: |
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(a) |
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(b) |
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(c) |
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(d) |
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2. If this application is for change of category, state category requested, |
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G. INSPECTION |
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1. Name and address of Approved Maintenance Organisation or Licensed Aircraft Maintenance Engineer who will present the aircraft for CAAB inspection. |
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2. State airport at which aircraft and documents will be inspected |
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3. The aircraft and supporting documentation will be presented for CAAB inspection at: |
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Place: |
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From date: |
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H. INSPECTION REPORT |
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Please indicate when the following documents will be available for the inspection |
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Document |
Attached |
During the inspection |
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1. Calendar time, flight hours/cycles of the aircraft, engines, APU since new/since last overhaul, D check/last base maintenance and the remaining time to the next |
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2. List of the life-limit components with the remaining time to the end of life-limits |
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3. List of all high pressure bottles with the remaining time to the next hydrostatic tests |
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4. List of the emergency and evacuation equipment with the remaining time to the next inspection |
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5. Status of Service Bulletins (SBs) |
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6. Status of Airworthiness Directives (ADs) |
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7. The last mass and balance report |
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8. List of modifications and repairs performed after the previous renewal of C of A |
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9. List of incidents, repairs and inspections |
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10. Date and place of last maintenance check |
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11. Logbooks of aircraft, engines, APU |
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A2- |
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I. STATEMENT OF COMPLIANCE |
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1. Aircraft, engines, components, equipment are in full compliance and have remaining life time. |
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2. The logbooks of aircraft, engines and APU (where applicable) are completed and records are updated. |
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3. The maintenance of aircraft was performed by approved maintenance organisation. |
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4. Aircraft, engines and components have been operated in flight and on the ground in compliance with flight and maintenance manuals. |
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5. All Airworthiness Directives (Ads) and mandatory requirements of the manufacturer have been performed in the required time limits. |
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6. Please explain any non-compliance (if any) below: |
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J. DECLARATION |
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I hereby declare that all the particular data in this application and all attached documentation are true in any respect. |
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Appendices: (a) As described in Sections H and I |
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(b) Receipt for paid fees |
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1. Date |
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2. Signature of Applicant …………………………….. |
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K. FEES |
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1. Fees payable in accordance with Schedule 3 of the Civil Aviation (Airworthiness) Regulations. |
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(a) |
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(b) |
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(c) |
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(d) |
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(e) |
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2. Payment method – Please indicate method of payment below: |
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Bank deposit |
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3. CAAB Account Details – For additional information please contact CAAB Accounts Office at +267 3688200 |
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Name of Account: |
Civil Aviation Authority of Botswana |
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Name of Bank: |
ABSA Bank Botswana Ltd |
Branch Name: |
Barclays House |
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Branch Code: |
29 06 67 Account Number: 1002208 |
Swift Code: |
BARCBWGX |
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L. For CAAB Official Use only – To be completed by Flight Safety Officer |
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Fee paid |
Receipt No. |
Date |
Signature and Stamp |
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FORM D
CERTIFICATE OF AIRWORTHINESS
(regs 9(4) and 9(8))
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REPUBLIC OF BOTSWANA |
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No. |
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CAAB FORM AIR 224 |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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CERTIFICATE OF AIRWORTHINESS |
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1. Nationality and Registration Marks |
2. Manufacturer and Manufacturer’s Designation of Aircraft |
3. Aircraft Serial Number |
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A2- |
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2. Category: |
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3. This Certificate of Airworthiness is issued pursuant to the Convention on International Civil Aviation dated 7th December, 1944 and Civil Aviation (Airworthiness) Regulations, 2020 in respect of the above-mentioned aircraft, which is considered to be airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations. |
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…………………………………………………………. |
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Date of Issue: |
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4. Date First Issued: |
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5. Expiry Date: |
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No entries or endorsements may be made on this Certificate except in the manner and by the persons authorised for the purpose by the Civil Aviation Authority of Botswana. If this Certificate is lost, the Authority must be informed immediately. Any person finding this Certificate should forward it immediately to the Civil Aviation Authority of Botswana, P.O. Box 250, Gaborone, Botswana. |
FORM E
APPLICATION FOR EXPORT AIRWORTHINESS CERTIFICATE
(regs 20(1) and 21(1))
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3688200/3913236 Fax +267 3930165 |
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FLIGHT SAFETY DIRECTORATE |
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APPLICATION FOR EXPORT AIRWORTHINESS CERTIFICATE OR APPROVAL |
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AIRWORTHINESS INSPECTORATE |
Export Certificate Number |
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INSTRUCTIONS: Use this form to apply for an Export Airworthiness Certificate or Airworthiness Approval Tag in accordance with Civil Aviation (Airworthiness) Regulations 20(1) and 21(1), respectively. The completed form is to be submitted to the Airworthiness Inspectorate when the product(s) to be exported is (are) presented for inspection. Use Part I for Class I products and Part II for Class II products. For complete aircraft execute items 1 through 11 as applicable. For engines and propellers, omit items 5 a) and 6. Part III is for Airworthiness Inspectorate use only. |
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PART I (for Class I products) |
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1. Application is made for an Export Certificate of Airworthiness to cover the products(s) described below, which is (are): |
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2. Name and address of exporter |
3. Name and address of foreign purchaser |
4. Country of destination |
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5. Description of product(s) |
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Type |
Make and model |
Identification Number |
Serial Number |
Spec/TC Number |
Operating time (hours) |
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Since overhaul |
Total |
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a) Aircraft |
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b) Engines |
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c) Propellers |
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6. List of locally approved/accepted modifications: |
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7. The aircraft was given a satisfactory test flight on (date): |
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8. Does the product comply with all applicable CAAB regulations, airworthiness directives and other Airworthiness Section requirements? |
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9. Have applicable special requirements of the importing country been complied with? |
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10. Has proper preventive treatment been applied to products susceptible to rapid corrosion when being shipped? |
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11. Remarks: |
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12. Exporter’s certification: |
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I certify that the above statements are true and that the product(s) described here is (are) airworthy and in condition for safe operation except as may be noted under Item 11 “Remarks”, above. |
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……………….. |
…………………………………………………………….. |
………………………. |
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PART II (for Class II and III products) |
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13. Application is made for approval of aeronautical parts for export as indicated below: |
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14. Name and address of exporter |
15. Name and address of foreign purchaser |
16. Country of destination |
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17. Parts are eligible for installation on: |
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Make and model of Class I product: ……………………………. Spec./TC No. …………………………… |
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18. The parts are (check one): |
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19. The parts are described (check one): |
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Name |
Part Number |
Quantity |
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…………………………….. |
…………………………….. |
…………………………….. |
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…………………………….. |
…………………………….. |
…………………………….. |
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20. I certify that the above statements are true and that the product(s) described here is (are) airworthy and in condition for safe operation except as may be noted under Item 11 “Remarks”, above. |
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……………….. |
………………………………………………………………… |
………………………… |
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PART III – Approval (for CAAB use only) |
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21. It is considered that the product(s) described in |
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is (are) airworthy and conform(s) to pertinent requirements except as noted in Item 11. |
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……………….. |
………………………………………………… |
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…………………………… |
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22. ………………………. approval tags, forms were issued for the parts described in Part II. |
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(Quantity) |
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23. Export file spot-checked by: on |
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…………………………. |
on |
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FORM F
EXPORT AIRWORTHINESS CERTIFICATE
(reg 20(5))
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REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3913236/3688200 Fax +267 3913121 |
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FLIGHT SAFETY DIRECTORATE |
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AIRWORTHINESS INSPECTORATE |
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EXPORT CERTIFICATE OF AIRWORTHINESS |
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(for Class I products) |
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No. B/EXA/ |
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This certifies that the product identified below has been examined and as of the date of this certificate, is considered airworthy in accordance with the regulations of the Republic of Botswana, and is in compliance with those special requirements of the importing State, except as stated below. |
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1. Nationality and Registration Marks: |
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Product |
Manufacturer |
Model |
Serial Number |
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2. Aircraft |
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3. Engine |
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4. Propeller |
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5. Condition of aircraft: New |
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6. Aircraft type certificate No. |
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7. Type certificate issuing authority |
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8. State to which exported |
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9. Exceptions |
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10. STCs installed |
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DATE OF ISSUE: |
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………………………………………………………….. |
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For complete aircraft, list applicable specification or type certificate data sheet numbers for the aircraft, engine and propeller. Applicable specifications or type certificate data sheet, if not attached to this export certificate, will have been forwarded to the appropriate governmental office of the importing State. |
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CAAB Form AIR 228 |
Issue 2, Revision 0 |
February 2021 |
FORM G
AIRWORTHINESS APPROVAL TAG
(reg 21(4))
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3913236/3688200 Fax +267 3913121 |
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FLIGHT SAFETY DIRECTORATE |
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AIRWORTHINESS APPROVAL TAG |
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(for Class ll and III products) |
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1. Name and address of owner/exporter |
2. Name and address of foreign purchaser |
3. Country of destination |
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4. The parts are eligible for installation on: |
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Make and model of Class I product |
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Airworthiness Inspectorate |
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5. The parts are (check one): |
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6. The parts are described (check one): |
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Name |
Part number |
Quantity |
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7. The parts do not meet the applicable CAAB requirements in respect of the following: |
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8. It is considered that the product(s) described in Item 6 is (are) airworthy and conform(s) to pertinent requirements except as noted in Item 7. |
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………………………. |
………………………………………………………… |
NewFORM A
APPLICATION FOR PERMIT TO FLY
(regs 23(3), 26(1) and 27(1))
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REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3688200/3913236 Fax +267 3930165 |
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FLIGHT SAFETY DIRECTORATE |
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APPLICATION FOR PERMIT TO FLY |
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INSTRUCTIONS: Complete all sections unless otherwise stated. |
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Use this form to apply for a Permit to Fly for a non-type certificated aircraft in accordance with Regulation 24 of the Civil Aviation (Airworthiness) Regulations. The completed form should be forwarded to Director, Flight Safety Oversight, Civil Aviation Authority of Botswana, P.O. Box 250, Gaborone, Botswana, together with all the required documents. Incomplete applications will be returned to the applicant. |
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A. PURPOSE OF APPLICATION |
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B. ENTER AIRCRAFT’S REGISTRATION MARKS HERE: |
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C. OWNERSHIP INFORMATION |
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1. Full name of owner |
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2. Address of owner |
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Telephone |
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3. Name & address of applicant |
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Phone (H) |
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Phone |
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Fax |
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D. AIRCRAFT PARTICULARS |
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1. Name and address of aircraft manufacturer |
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2. Aircraft make and Model |
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3. Serial No. |
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4. Country and year of manufacture |
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5. Seating capacity: |
Flight crew |
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Passengers |
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6. Engine make and model |
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7. No. of engines |
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8. Propeller make and model |
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9. Aircraft maximum all up weight |
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Kg |
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E. AIRCRAFT UTILISATION [Specify activity for which aircraft will be utilised] |
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ENTER AIRCRAFT’S REGISTRATION MARKS HERE: |
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F. REQUIRED SUPPORTING DOCUMENTATION |
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1. Third party liability insurance for an amount of not less than P50,000.00 |
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2. Passenger liability insurance for an amount of not less than P20,000.00 for each passenger seat in the aircraft |
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3. Permit/Authority to fly issued by the State of Registry |
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4. Aircraft equipment list |
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5. List of the emergency and evacuation equipment with the remaining time to the next inspection |
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6. Certificate of Registration |
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7. Aircraft radio licence |
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8. Current weight and balance report [where necessary] |
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9. Aircraft status report [CAAB Form AIR 326] |
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10. Details of recent maintenance |
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11. Maintenance certification |
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12. Fee [For Botswana registered aircraft fee is BWP 253.00 for initial issue & BWP 379.50 for renewal for the permit. |
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G. ADDITIONAL REQUIREMENTS FOR FOREIGN REGISTERED AIRCRAFT |
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1. Purpose of the flight and proposed itinerary |
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2. Qualified crew required to operate the aircraft |
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3. Any restrictions the applicant considers necessary for safe operation of the aircraft |
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4. Any information considered necessary for the purpose of prescribing operating limitations |
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H. DECLARATION |
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I, the undersigned, hereby declare that: |
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(a) Aircraft, engines, components, equipment are in full compliance and have remaining lifetime. |
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(b) All aircraft records (e.g. logbooks) are completed and updated. |
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(c) Aircraft was maintained/inspected by a person or organisation authorised in accordance with the Civil Aviation Regulations. |
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(d) AH mandatory requirements of the manufacturer(s) have been performed within the required time limits. |
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(e) Please explain any non-compliance (if any) below: |
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(f) All the data in this application and all attached documentation are true in every respect. |
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Date ………………………….. |
Signature of Applicant ……………………….. |
FORM B
PERMIT TO FLY
(reg 24)
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REPUBLIC OF BOTSWANA |
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No. |
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CAAB FORM AIR 232 |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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PERMIT TO FLY |
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(For non-type certificated aircraft) |
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1. NATIONALITY AND REGISTRATION MARKS |
2. MANUFACTURER AND MANUFACTURER’S DESIGNATION OF AIRCRAFT |
3. AIRCRAFT SERIAL NO. |
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4. Classification of aircraft: (i) Category ……………………………………………… |
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5. The maximum weight of …………………………………….. kg shall never be exceeded. |
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6. This aircraft shall be operated for DAY VFR flight only, unless the aircraft is appropriately equipped for night and/or instruments flight. |
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7. The aircraft shall be operated in compliance with the associated Owner’s or Pilot’s Operating Handbook or aircraft manufacturer’s current operating instructions. |
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8. Limitations shown on cockpit notices and indicated by markings on instruments shall be observed at all times. |
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9. The permit is issued in compliance with Civil Aviation (Airworthiness) Regulations currently in force, and is valid within the Republic of Botswana only. |
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10. A copy of the permit is carried on board in the aircraft at all times when the aircraft is operating under the conditions of the permit. |
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Date of issue: |
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Valid from: |
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Expiry date: |
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………………………………………………………….. |
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No entries or endorsements may be made on this Permit to Fly except in the manner and by the persons authorised for the purpose by the Civil Aviation Authority of Botswana. |
FORM C
SPECIAL PERMIT TO FLY
(reg 32(1))
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REPUBLIC OF BOTSWANA |
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No. |
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CAAB FORM AIR 234 |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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SPECIAL FLIGHT PERMIT |
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1. NATIONALITY AND REGISTRATION MARKS |
2. MANUFACTURER AND MANUFACTURER’S DESIGNATION OF AIRCRAFT |
3. AIRCRAFT SERIAL NUMBER |
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4. Category: …………………………………………………………………… |
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5. This Special Flight Permit is issued pursuant to the Convention on International Civil Aviation dated 7th December, 1944, Civil Aviation Act, 2011 and Botswana Civil Aviation (Airworthiness) Regulations in force thereunder in respect of the above-mentioned aircraft. It takes into cognisance that the aircraft referenced above qualifies for a certificate of airworthiness but at the moment the certificate of airworthiness is not in force. |
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6. Date of issue: |
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7. Validity: Valid for one ferry flight from to subject to conditions stated below. |
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8. Expiry date: |
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……………………………………………………………….. |
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No entries or endorsements may be made on this Certificate except in the manner and by the persons authorised for the purpose by the Civil Aviation Authority of Botswana. If this Certificate is lost, the Authority shall be informed immediately. Any person finding this Certificate should forward it immediately to the Director, Flight Safety, Civil Aviation Authority of Botswana, P.O. Box 250, Gaborone, Botswana. |
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Conditions of the Special Flight Permit |
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1. Copy of this permit shall be on board in the aircraft at all times when operating under the terms of the permit; |
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2. The registration marks assigned to the aircraft by the State of Registry shall be displayed on the aircraft in conformity with the requirements of that State; |
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3. Persons or property shall not be carried for commercial purposes on the aircraft; |
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4. A person shall not be carried in the aircraft unless that person is essential to the purpose of the flight and has been advised of the terms of the special flight permit and the airworthiness status of the aircraft; |
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5. The aircraft shall be operated by the crew who are aware of the purpose of the flight and any limitations imposed and who hold appropriate certificates or licenses issued or validated by the Authority; |
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6. All flights in this aircraft shall be conducted so as to avoid areas of heavy traffic or any other areas where flights might create hazardous exposure to persons or property; |
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7. All flights shall be conducted within the performance operating limitations specified in the aircraft flight manual and any other additional limitations as may be specified by the Authority; |
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8. The flight to be conducted during day Visual Meteorological Conditions (VMC) and within the parameters as dictated by Configuration Deviation List (CDL) or Minimum Equipment Lists (MEL); |
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9. The operator shall satisfy itself that the aircraft is fit for the intended ferry flight and all maintenance and operational requirements have been met; and |
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10. The permit shall not be valid for use in foreign airspace unless validated by foreign Civil Aviation Authority whose airspace will be overflown. |
FORM D
APPLICATION FOR MODIFICATIONS AND MAJOR REPAIRS
(reg 43(3))
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REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3688200/3913236 Fax +267 3930165 |
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FLIGHT SAFETY DIRECTORATE |
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MODIFICATIONS AND MAJOR REPAIRS FORM |
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INSTRUCTIONS |
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1. Use this form CAAB Form AIR 129 to apply for CAAB authorisation to perform a modification or major repair on an aircraft or aeronautical product in accordance with Regulation 43(3) of the Civil Aviation (Airworthiness) Regulations 2019. The form should also accompany reports of modifications or repairs as per Regulation 43(5). The form should be submitted in accordance with Airworthiness Circular (AC)-004, as amended. |
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2. Print or type all entries. Sections 1 through 8 should be completed by applicant. [See AC-004 Appendix 2 for guidance on completing this form] |
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1. This application is for authorisation of: |
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2. AIRCRAFT |
Make |
Model |
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Serial Number |
Nationality and Registration Mark |
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3. OWNER |
Name [As shown on certificate of registration] |
Address [As shown on certificate of registration] |
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4. UNIT IDENTIFICATION |
5. TYPE |
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Unit |
Make |
Model |
Serial Number |
Repair |
Modification |
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Airframe |
…….. (As described in item 2 above) ……… |
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Powerplant |
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Propeller |
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Appliance |
Type |
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Manufacture |
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6. BRIEF DESCRIPTION OF MODIFICATION OR MAJOR REPAIR |
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7. APPLICANT’S DETAILS |
A. Full Name and Address |
B. Signature |
C. Date of Application |
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8. CONFORMITY STATEMENT |
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A. Organisation Name & Address |
B. Type of Licence/Organisation |
C. Certificate/Licence Number |
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[For an AMO include the appropriate ratings issued for the major repair or modification] |
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D. I certify that the repair and/or modification made to the unit(s) identified in item 4 above and described on the reverse or attachments hereto have been made in accordance with the requirements of Civil Aviation (Airworthiness) Regulations and that the information furnished herein is true and correct to the best of my knowledge. |
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Date |
Signature of Authorised Individual |
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9. APPROVAL FOR RETURN TO SERVICE |
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Pursuant to the authority given persons specified below, the unit(s) identified in item 4 was inspected in the manner prescribed by the Authority and is |
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BY |
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10. Has the installation, modification or repair previously been approved by a competent authority? |
YES |
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NO |
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10.1 If so, name the authority and give details: |
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Name |
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Modification/Repair Number |
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11. Was there any deviation from the subject type certificate, issued by the certifying Authority concerned during the installation, modification or repair? |
YES |
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NO |
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11.1 If yes, was professional help obtained during the preparation of this submission? |
YES |
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NO |
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12. Is operation or operational limitations of the aircraft affected by these changes? |
YES |
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NO |
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13. Has the mass/centre of gravity/equipment list changed as a result of this installation, repair or modification? |
YES |
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NO |
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13.1 If yes, attach the aircraft mass and balance |
YES |
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NO |
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Date of Approval or Rejection |
Certificate or Designation Number |
Name and Signature |
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FOR CAAB USE ONLY |
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CONDITIONS FOR AUTHORISATION |
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1. |
This application is for: |
MODIFICATION |
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REPAIR |
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a |
Is NOT authorised |
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b |
Is authorised subject to (conditions): |
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i |
Applicable to this aircraft/engine/propeller/equipment only OR |
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ii |
Applicable to more than one (listed in this application) Aircraft/propeller/ equipment only |
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2 |
Civil Aviation Authority of Botswana Inspection required |
YES |
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NO |
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3 |
All items (conditions) required for submission as stated in the “conditions for approval” section below must be submitted to the civil aviation authority within 48 hours of completion of the modification or major repair, unless otherwise stated. |
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4 |
A Certificate of Release to Service must be issued; stating the allocated modification/major repair number indicated below with the covering of all maintenance performed including test flights carried out (if applicable) before the aircraft may be released to service. A copy shall be sent to CAAB in order to satisfy the condition of authorisation. |
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5 |
The owner/operator must ensure that the equipment list is updated to reflect this change, where applicable. |
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6 |
The certificate of airworthiness or permit to fly issued to the aircraft becomes invalid if all the conditions as stated above are not met. The repair/modification authorisation number will only be granted after all conditions have been complied with. |
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7 |
An appropriately rated AMO/AP to certify the installation/repair/modification. |
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8 |
Mass and balance data to be completed in duplicate, for all applications, and submitted to CAAB. |
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AUTHORISATION |
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AUTHORISATION GRANTED |
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AUTHORISATION DENIED |
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Authorisation Number |
B/MA |
Date: |
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MASA/DAVS |
CAAB Office and stamp: |
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POST MODS/REPAIR RECORDS This section to be completed by Airworthiness Officer upon receipt of modification or major repair records from applicant after completion of the work. |
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Receipt of post modification and/or major repair records (See AC-004) |
Date Received |
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INSPECTOR, AIRWORTHINESS SIGNATURE: |
CAAB Office |
FORM E
APPLICATION FOR NOISE CERTIFICATE
(reg 49(2))
|
REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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P.O. Box 250, Gaborone, Botswana Tel: +267 3688200/3913236 Fax +267 3930165 |
|
FLIGHT SAFETY DIRECTORATE |
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APPLICATION FOR NOISE CERTIFICATE |
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INSTRUCTION: Complete all sections, unless otherwise stated. |
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The completed form shall be forwarded to the Civil Aviation Authority of Botswana together with the required documents. |
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A. This application is for: |
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(Tick applicable box) |
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B. Enter Aircraft’s Registration Marks here: |
A2- |
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|
C. OWNERSHIP INFORMATION |
||||
|
|
||||
|
1. Name and address of applicant |
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Telephone |
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|
||||
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2. Name and address of aircraft owner |
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|
Telephone |
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||||
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3. Name and address of aircraft operator |
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Telephone |
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4. Base(s) of operation |
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1. |
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2. |
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3. |
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4 |
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D. DESCRIPTION OF AIRCRAFT |
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NOTE: For aircraft seeking initial issue of Botswana Noise Certificate, items (1) and (2) below refer to certificate issued by previous State of Registry. Otherwise information refers to certificate issued by CAAB. |
|
1. Noise Certificate No. |
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2. Expiry date |
|
|
|
|||
|
3. Aircraft make and model |
|
4. Serial No. |
|
|
5. Time since new |
Hours |
Cycles |
6. Time since last Annual/Overhaul/ D check |
Hours |
Cycles |
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|
|
7. Country and year of manufacture |
|
8. Type certificate number |
|
|
9. Manufacturer |
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A2- |
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10. Aircraft seating capacity: |
Flight crew |
|
Cabin crew |
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Passengers |
|
|
11. Engine make and model |
|
12. No. of engines |
|
|
13. Propeller make and model |
|
|
E. AIRCRAFT CATEGORY |
|
1. Indicate purpose for which aircraft is currently utilised (Tick applicable box) |
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|
F. NOISE DATA |
|
1. Lateral Noise Level (EPNdB) |
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2. Fly-over Noise Level (EPNdB) |
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3. Approach Noise Level (EPNdB) |
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G. DOCUMENTS SUBMITTED WITH THIS APPLICATION |
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Copies of the following supporting documents are attached to this application: |
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1. Current noise certificate |
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2. Certificate of registration |
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3. Certificate of airworthiness |
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4. Type certificate data sheet (or equivalent approved document e.g. Flight Manual) |
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5. Proof of payment of statutory fees |
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H. DECLARATION |
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I hereby declare that the above information is true in every respect and is in fulfilment of the requirements of Botswana Civil Aviation (Airworthiness) Regulations in force. |
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1. Name |
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2. Designation |
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3. Signature |
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4. Date |
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I. FOR CAAB USE ONLY |
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1. Received by …………………………………………… 2. Date received ………………………….. |
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3. Checked by …………………………………………. |
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2. Inspectors Recommendation |
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3. Inspector’s Signature ………………………………… |
FORM F
NOISE ACCEPTANCE CERTIFICATE
(reg 49(3))
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REPUBLIC OF BOTSWANA |
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CIVIL AVIATION AUTHORITY OF BOTSWANA |
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NOISE ACCEPTANCE CERTIFICATE |
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1. Document number |
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2. Nationality and registration marks |
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3. Manufacturer and manufacturer’s designation of aircraft |
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4. Aircraft serial number |
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5. Engine manufacturer and model |
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6. Propeller manufacturer and model (*) |
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7. Maximum take-off mass (kg) |
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8. Maximum landing mass (kg) (*) |
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9. Noise certification standard |
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10. Additional modifications incorporated for the purpose of compliance with the applicable noise certification standards |
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11. Lateral/Full power noise level (*) |
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12. Approach noise level (*) |
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13. Flyover noise level (*) |
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14. Over flight noise level (*) |
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15. Take-off noise level (*) |
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This Aircraft Noise Certificate is issued pursuant to Annex 16, Volume I to the Convention on International Civil Aviation and Part V of the Civil Aviation (Airworthiness) Regulations in respect of the above mentioned aircraft, which is considered to comply with the indicated noise standard when maintained and operated in accordance with the relevant requirements and operating limitations. The Civil Aviation Authority of Botswana reserves the right to rescind this certificate should circumstances warrant such. |
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(*) These entries may be omitted depending on the noise certification standard |
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……………………………… |
……………………………………………………….. |
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This certificate is not transferable. |
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This Certificate should be carried in the aircraft whenever it is in flight. |
(regs 7(2), 9(4), 10(1), 12(3), 14(1), 16(1), 20(2), 21(2), 23(4), 23(5), 26(2), 26(4), 27(2), 27(4), 28, 31(3), 32(1), 36(9), 43(3) and 49(2))
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Fees in respect of Certificate of Airworthiness (C of A) (in Pula) |
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Note: Application fee for any certificate, licence, permit, approval or authorisation issued under these Regulations shall be charged P640.00. |
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Not exceeding 5700 kg (Aircraft Gross Weight) |
Exceeding 5700 kg |
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1. Issue of Certificate of Airworthiness |
253.00 for every 500 kg or part thereof |
379.50 for every 500 kg or part thereof |
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2. Renewal/Validation/Variation of Airworthiness |
75.90 for every 500 kg or part thereof |
101.20 for every 500 kg or part thereof |
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3. Issue of export C of A |
75.90 for every 500 kg or part thereof |
101.20 for every 500 kg or part thereof |
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4. Export approval of aeronautical products |
506.00 |
690.00 |
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5. Type acceptance certificate |
440.00 |
440.00 |
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6. Issue of noise certificate |
440.00 |
440.00 |
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7. Issue of authorisation for aircraft with valid C of A from a foreign State |
126.50 for every 500 kg or part thereof |
189.20 for every 500 kg or part thereof |
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8. Conversion of foreign C of A |
253.00 |
506.00 |
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9. Issue of permit to fly for Botswana registered aircraft |
253.00 |
253.00 |
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10. Renewal of permit to fly (nb; not applicable to foreign registered aircraft) |
379.50 |
379.50 |
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11. Variation of permit to fly |
379.50 |
379.50 |
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12. Issue of permit to fly for foreign registered aircraft |
1,518.00 |
1,518.00 |
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13. Issue of special flight permit |
253.00 |
253.00 |
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14. Fees payable for each duplicate C of A, permit to fly or special flight permit |
506.00 |
506.00 |
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15. Application for piston engine time between Overhaul (TBO) extensions |
3,795.00 |
3,795.00 |
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16. Fees payable for application to operate Botswana registered aircraft in Botswana |
1,265.00 |
1,265.00 |
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17. Change of C of A category to: |
126.50 1,012.00 |
126.50 2,024.00 |
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18. Aircraft modification or major repair approval or acceptance |
379.50 |
632.50 |
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19. Search and copies of documents or certificates |
126.50 |
126.50 |
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20. Inspection of aircraft outside |
5,500.00 (or US$ equivalent) |
11,000.00 (or US$ equivalent) |
SCHEDULE 4
CHECKLIST OF INSPECTIONS FOR ANNUAL OR 100-HOUR INSPECTIONS
(reg 44(3))
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1. Any person who performs an annual or 100-hour inspection shall, before that inspection, thoroughly clean the aircraft and aircraft engine and remove or open all necessary inspection plates, access doors, fairings and cowlings. |
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2. A person performing an annual or 100-hour inspection shall inspect, where applicable the following components- |
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(a) fuselage and hull group- |
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(i) fabric and skin for deterioration, distortion, other evidence of failure and defective or insecure attachment of fittings, |
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(ii) systems and components for improper installation, apparent defects and unsatisfactory operation, |
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(iii) the cabin and cockpit group, |
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(iv) generally for uncleanness and loose equipment that might foul the controls, |
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(v) seats and safety bells for poor condition and apparent defects, |
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(vi) windows and windshields for deterioration and breakage, |
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(vii) instruments for poor condition, mounting, marking and where practicable for improper operation, |
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(viii) flight and engine controls for improper installation and improper operation, |
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(ix) batteries for improper installation and improper operation; and |
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(x) all systems for improper installation, poor general condition, apparent and obvious defects and insecurity of attachment; |
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(b) engine and nacelle group- |
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(i) engine section for visual evidence of excessive oil, fuel or hydraulic leaks and sources of such leaks, |
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(ii) studs and nuts for improper torquing and obvious defects, |
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(iii) internal engine for cylinders compression and for metal particles or foreign matter on screen and sump drain plugs to check if there is a weak cylinders compression for improper internal condition and improper internal tolerances, |
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(iv) engine mount for cracks, looseness of mounting and looseness of engine to mount, |
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(v) flexible vibration dampeners for poor condition and deterioration, |
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(vi) engine controls for defects, improper travel and proper safetying, |
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(vii) lines, hoses and clamps for leaks, improper condition and looseness, |
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(viii) exhaust stacks for cracks, defects and improper attachment, |
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(ix) accessories for apparent defects in security of mounting, |
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(x) all systems for improper installation, proper general condition, defects and insecure attachment, and |
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(xi) cowling for cracks and defects; |
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(c) landing gear groups- |
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(i) all units for poor condition and insecurity of attachment, |
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(ii) shock absorbing devices for improper oleo fluid level, |
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(iii) linkages, trusses and members for undue or excessive wear, fatigue and distortion, |
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(iv) retracting and locking mechanism for improper operation, |
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(v) hydraulic lines for leakage, |
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(vi) electrical system for chaffing and improper operation of switches; |
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(vii) wheels for cracks, defects and condition of bearings, |
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(viii) tires for wear and cuts, |
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(ix) brakes for improper adjustment, and |
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(x) floats and skis for insecure attachment and obvious or apparent defects; |
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(d) wing and centre section assembly for- |
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(i) poor general condition, |
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(ii) fabric or skin deterioration, |
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(iii) distortion, |
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(iv) evidence of failure, and |
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(v) insecurity of attachment; |
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(e) complete empennage assembly for- |
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(i) poor general condition, |
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(ii) fabric or skin deterioration, |
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(iii) distortion, |
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(iv) evidence of failure, |
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(v) insecure attachment, |
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(vi) improper component installations, and |
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(vii) improper component operation; |
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(f) propeller group- |
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(i) propeller assembly for cracks, nicks, binds and oil leakage, |
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(ii) bolts for improper torquing and lack of safety, |
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(iii) anti-icing devices for improper operations and obvious defects, and |
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(iv) control mechanisms for improper operation, insecure mounting and restricted travel; |
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(g) avionics or instrument group- |
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(i) avionics or instruments equipment for improper installation and insecure mounting, |
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(ii) wiring and conduits for improper routing, insecure mounting and obvious defects, |
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(iii) bonding and shielding for improper installation and poor condition, |
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(iv) antenna including trailing and antenna for poor condition, insecure mounting and improper operation; and |
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(h) electronic or electrical group- |
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(i) wiring and conduits for improper routing, insecure mounting and obvious defects, |
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(ii) bonding and shielding for improper installation and poor condition, and |
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(iii) each installed miscellaneous item that is not otherwise covered by this listing or has instructions for continued airworthiness for improper installation and improper operation. |
SCHEDULE 5
RECORDING OF MAJOR REPAIRS AND MODIFICATIONS
(reg 60(2))
PART I
DEFINITIONS
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(1) Major Modifications |
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(a) Airframe Major Modifications |
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Major modifications include modifications to the listed aircraft parts, or the listed types of modifications (when not included in the applicable aircraft specifications)- |
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(i) Wings, |
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(ii) Tail surfaces, |
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(iii) Fuselage, |
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(iv) Engine mounts, |
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(v) Control system, |
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(vi) Landing gear, |
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(vii) Hull or floats, |
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(viii) Elements of an airframe including spars, ribs, fittings, shock absorbers, bracing, cowlings, fairings, and balance weights, |
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(ix) Hydraulic and electrical actuating system of components, |
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(x) Rotor blades, |
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(xi) Changes to the empty weight or empty balance which result in an increase in the maximum certified weight or centre of gravity limits of the aircraft, |
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(xii) Changes to the basic design of the fuel, oil, cooling, heating, cabin pressurisation, electrical, hydraulic, de-icing, or exhaust systems, and |
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(xiii) Changes to the wing or to fixed or movable control surfaces which affect flutter and vibration characteristics; |
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(b) Powerplant Major Modifications |
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Major powerplant modifications, even when not listed in the applicable engine specifications, include- |
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(i) Conversion of an aircraft engine from one approved model to another, involving any changes in compression ratio, propeller reduction gear, impeller gear ratios or the substitution of major engine parts which requires extensive rework and testing of the engine, |
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(ii) Changes to the engine by replacing aircraft engine structural parts with parts not supplied by the original manufacturer or parts not specifically approved by the Authority, |
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(iii) Installation of an accessory which is not approved for the engine, |
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(iv) Removal of accessories that are listed as required equipment on the aircraft or engine specification, |
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(v) Installation of structural parts other than the type of parts approved for the installation, and |
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(vi) Conversions of any sort for the purpose of using fuel of a rating or grade other than that listed in the engine specifications; and |
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(c) Propeller Major Modifications |
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Major propeller modifications, when not authorised in the applicable propeller specifications, include- |
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(i) Changes in blade design, |
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(ii) Changes in hub design, |
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(iii) Changes in the governor or control design, |
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(iv) Installation of a propeller governor or feathering system, |
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(v) Installation of propeller de-icing system, and |
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(vi) Installation of parts not approved for the propeller; and |
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(d) Appliance Major Modifications |
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Modifications of the basic design not made in accordance with recommendations of the appliance manufacturer or in accordance with applicable Airworthiness Directives are appliance major modifications. In addition, changes in the basic design of radio communication and navigation equipment approved under type certification or other authorisation that have an effect on frequency stability, noise level, sensitivity, selectivity, distortion, spurious radiation, Automated Volume Control (AVC) characteristics, or ability to meet environmental test conditions and other changes that have an effect on the performance of the equipment are also major modifications. |
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(2) Major Repairs |
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(a) Airframe Major Repairs |
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Repairs to the following parts of an airframe and repairs of the following types, involving the strengthening, reinforcing, splicing, and manufacturing of primary structural members or their replacement, when replacement is by fabrication such as riveting or welding, are airframe major repairs- |
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(i) Box beams, |
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(ii) Monocoque or semi-monocoque wings or control surfaces, |
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(iii) Wing stringers or chord members, |
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(iv) Spars, |
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(v) Spar flanges, |
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(vi) Members of truss-type beams, |
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(vii) Thin sheet webs of beams, |
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(viii) Keel and chine members of boat hulls or floats, |
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(ix) Corrugated sheet compression members which act as flange material of wings or tail surfaces, |
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(x) Wing main ribs and compression members, |
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(xi) Wing or tail surface brace struts, |
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(xii) Engine mounts, |
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(xiii) Fuselage longerons, |
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(xiv) Members of the side truss, horizontal truss, or bulkheads, |
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(xv) Main seat support braces and brackets, |
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(xvi) Landing gear brace struts, |
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(xvii) Axles, |
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(xviii) Wheels, |
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(xix) Parts of the control system such as control columns, pedals, shafts, brackets, or horns, |
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(xx) Repairs involving the substitution of material, |
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(xxi) The repair of damaged areas in metal or plywood stressed covering exceeding six inches in any direction, |
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(xxii) The repair of portions of skin sheets by making additional seams, |
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(xxiii) The splicing of skin sheets, |
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(xxiv) The repair of three or more adjacent wing or control surface ribs or the leading edge of wings and control surfaces, between such adjacent ribs, |
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(xxv) Repair of fabric covering involving an area greater than that required to repair two adjacent ribs, |
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(xxvi) Replacement of fabric on fabric covered parts such as wings, fuselages, stabilisers, and control surfaces, and |
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(xxvii) Repairing, including rebottoming, of removable or integral fuel tanks and oil tanks; |
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(b) Powerplant Major Repairs |
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Repairs of the following parts of an engine and repairs of the following types, are powerplant major repairs- |
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(i) Separation or disassembly of a crankcase or crankshaft of a piston engine equipped with an integral supercharger, |
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(ii) Separation or disassembly of a crankcase or crankshaft of a piston engine equipped with other than spur-type propeller reduction gearing, and |
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(iii) Special repairs to structural engine parts by welding, plating, metalising, or other methods; |
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(c) Propeller Major Repairs |
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Repairs of the following types to a propeller are propeller major repairs- |
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(i) Any repairs to or straightening of steel blades, |
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(ii) Repairing or machining of steel hubs, |
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(iii) Shortening of blades, |
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(iv) Retipping of wood propellers, |
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(v) Replacement of outer laminations on fixed pitch wood propellers, |
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(vi) Repairing elongated bolt holes in the hub of fixed pitch wood propellers, |
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(vii) Inlay work on wood blades, |
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(viii) Repairs to composition blades, |
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(ix) Replacement of tip fabric, |
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(x) Replacement of plastic covering, |
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(xi) Repair of propeller governors, |
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(xii) Overhaul of controllable pitch propellers, |
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(xiii) Repairs to deep dents, cuts, scars, nicks, etc., and straightening of aluminium blades, and |
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(xiv) The repair or replacement of internal elements of blades; and |
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(d) Appliance Major Repairs |
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Repairs of the following types to appliances are appliance major repairs- |
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(i) Calibration and repair of instruments, |
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(ii) Calibration of avionics or computer equipment, |
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(iii) Rewinding the field coil of an electrical accessory, |
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(iv) Complete disassembly of complex hydraulic power valves, and |
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(v) Overhaul of pressure type carburettors, and pressure type fuel, oil, and hydraulic pumps. |
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(3) Preventive Maintenance |
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(a) Preventive Maintenance |
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Preventive maintenance is limited to the following work, provided it does not involve complex assembly operations- |
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(i) Removal, installation and repair of landing gear tires, |
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(ii) Replacing elastic shock absorber cords on landing gear, |
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(iii) Servicing landing gear shock struts by adding oil, air, or both, |
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(iv) Servicing landing gear wheel bearings, such as cleaning and greasing, |
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(v) Replacing defective safety wiring or cotter keys, |
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(vi) Lubrication not requiring disassembly other than removal of non-structural items such as cover plates, cowlings, and fairings, |
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(vii) Making simple fabric patches not requiring rib stitching or the removal of structural parts or control surfaces, |
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(viii) Replenishing hydraulic fluid in the hydraulic reservoir, |
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(ix) Refinishing decorative coating of fuselage, wings, tail group surfaces (excluding balanced control surfaces), fairings, cowling, landing gear, cabin, or cockpit interior when removal or disassembly of any primary structure or operating system is not required, |
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(x) Applying preservative or protective material to components where no disassembly of any primary structure or operating system is involved and where such coating is not prohibited or is not contrary to good practices, |
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(xi) Repairing upholstery and decorative furnishings of the cabin or cockpit when the repairing does not require disassembly of any primary structure or operating system or interfere with an operating system or affect primary structure of the aircraft, |
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(xii) Making small simple repairs to fairings, non-structural cover plates, cowlings, and small patches and reinforcements not changing the contour so as to interfere with proper airflow, |
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(xiii) Replacing side windows where that work does not interfere with the structure of any operating system such as controls, electrical equipment, etc., |
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(xiv) Replacing safety belts, |
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(xv) Replacing seats or seat parts with replacement parts approved for the aircraft, not involving disassembly of any primary structure or operating system, |
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(xvi) Troubleshooting and repairing broken circuits in landing light wiring circuits, |
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(xvii) Replacing bulbs, reflectors, and lenses of position and landing lights, |
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(xviii) Replacing wheels and skis where no weight and balance computation is involved, |
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(xix) Replacing any cowling not requiring removal of the propeller or disconnection of flight controls, |
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(xx) Replacing or cleaning spark plugs and setting of spark plug gap clearance, |
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(xxi) Replacing any hose connection except hydraulic connections, |
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(xxii) Replacing prefabricated fuel lines, |
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(xxiii) Cleaning fuel and oil strainers, |
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(xxiv) Replacing and servicing batteries, |
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(xxv) Replacement or adjustment of non-structural fasteners incidental to operations, and |
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(xxvi) The installation of anti-misfueling devices to reduce the diameter of fuel tank filler openings provided the specific device has been made a part of the aircraft type certificate data by the aircraft manufacturer, the manufacturer has provided appropriately approved instructions acceptable to the Authority for the installation of the specific device, and installation does not involve the disassembly of the existing filler opening. |
PART II
RECORDING OF MAJOR REPAIRS AND MODIFICATIONS
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(1) Each person performing a major repair or major modification shall- |
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(a) execute the sample form set out in this Schedule by the Authority at least in duplicate; |
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(b) give a signed copy of that form to the aircraft owner or operator; and |
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(c) forward a copy of that form to the Authority, in accordance with Authority instructions, within 48 hours after the aeronautical product is approved for return to service. |
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(2) In place of the requirements of paragraph (1), major repairs made in accordance with a manual or specifications acceptable to the Authority, an Aircraft Maintenance Organisation may- |
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(a) use the customer’s work order upon which the repair is recorded; |
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(b) give the aircraft owner a signed copy of the work order and retain a duplicate copy for at least one year from the date of approval for return to service of the aeronautical product; and |
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(c) give the aircraft owner a maintenance release signed by an authorised representative of the Aircraft Maintenance Organisation and incorporating the following information- |
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(i) identity of the aeronautical product, |
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(ii) if an aircraft, the make, model, serial number, nationality and registration marks, and location of the repaired area, |
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(iii) if an aeronautical product, give the manufacturer’s name, name of the part, model, and serial numbers (if any), and |
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(iv) include the following or a similarly worded statement- |
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The aeronautical product identified above was repaired, overhauled and inspected in accordance with currently effective, applicable instructions of the State of Design and regulatory requirements of the Authority, and is approved for return to service. Pertinent details of the repair are on file at this maintenance organisation. |
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Order No. ……………………………………………………………………….. Date ………………………………………….. |
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Signed: ………………………………………………………………………………………………………………………………. |
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…………………………………………………………………………………………………………………………………………. |
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…………………………………………………………………………………………………………………………………………. |
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(3) The following sample form may be used to record major modifications and repairs. |
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MAJOR REPAIR AND MODIFICATION |
[State] |
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INSTRUCTIONS: |
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1. Aircraft |
Make |
Model |
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2. Owner |
Name (As shown on |
Address (As shown on |
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3. For Authority Use Only |
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4. Unit Identification |
5. Type |
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Unit |
Make |
Model |
Serial Number |
Repair |
Modification |
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Airframe |
…………… (As described in item 1 above) …………… |
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Powerplant |
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Propeller |
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Appliance |
Type |
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Manufacture |
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6. Conformity Statement |
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A. Organisation Name and Address B. Type of Licence/Organisation C. Certificate/Licence Number |
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Licensed (AMT) |
(For an AMO include the appropriate ratings issued for the major repair or modification) |
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D. I certify that the repair and/or modification made to the unit(s) identified in item 4 above and described on the reverse or attachments hereto have been made in accordance with the requirements of Civil Aviation (Airworthiness) Regulations and that the information furnished herein is true and correct to the best of my knowledge. |
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Date |
Signature of Authorised Individual |
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7. Approval for Return to Service |
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BY |
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Other Specify |
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Date of Approval or Rejection |
Certificate or Designation Number |
Signature or Authorised Individual |
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NOTICE |
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8. Description of Work Accomplished |
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For complete aircraft, list applicable specification or type certificate data sheet numbers for the aircraft, engine and propeller. Applicable specifications or type certificate data sheet, if not attached to this export certificate, will have been forwarded to the appropriate governmental office of the importing country. |