COMMERCIAL AIR LICENSING Presented by Shadrack Ramosa Vice Chairperson of ASLC (Personal Capacity) 13 July 2011
INTRODUCTION Ø Domestic and International Commercial Air Licensing Ø Challenges Observed from April 2008 – March 2011 Ø Conclusion Ø Recommendations
Domestic & International Commercial Air Licensing Ø Air Services Licensing Council (ASLC or Domestic) • It is governed by ASLC Act No. 115 of 1990, Domestic Air Services Regulations, 1991 & the BBBEE Transport / Aviation Charter, August 2009 Binding Sector Code • Minister appoints 5 members, of which one is appointed as the Chairperson and the other one as Vice Chairperson • It is a 3 year term that may be renewable • Council members sit at least once a month to adjudicate on the licensing applications
Domestic & International Commercial Air Licensing ØDomestic continues: • Key issues considered on the assessment of the application being compliant to the above Act & Regulations v Technical ü Certificate of Aircraft Registration ü Certificate of Airworthiness ü Certificate of Release to Service ü Aircraft Maintenance Organisation Approval Cert (AMO) ü Radio Station Licence ü Lease Agreement if Hired Aircrafts (ID/Co. Reg No, A/C Reg, Rental Rates, Initialling every page & Signatures ü Insurance of Aircraft, Pilots and the Organisations
State Regulation Regulatory Environment
Domestic & International Commercial Air Licensing Ø Domestic continues: v. Economic ü Proper completion of Application Form (TV 339) ü Management Plan (Key Post-holders) üFinancial Information ü For Class 1: Full Financials, Sensitivity Analysis & Consumer Guarantee of total sum of cash receipts v Technical & Economic Assessment should result into a Safe & Reliable air operation (Section 16 (4) (a))
Domestic & International Commercial Air Licensing Ø International Air Services Council (IASC) • It is governed by IASC Act No. 60 of 1993, IAS Regulations, 1994 & the BBBEE of Transport/ Aviation Sector • Minister appoints 5 members, of which one is appointed as the Chairperson and the other one as Vice Chairperson • It is a 3 year term that may be renewable • Council members sit at least once a month to adjudicate on the licensing applications
Domestic & International Commercial Air Licensing Ø International: • Technical & Economic more or less the same • The difference between International & Domestic v Int. is highly/ limitedly Regulated vs. Dom. Being fully deregulated v Int, governed by Bilateral Framework v If not natural person: Int, Substantial voting rights are held by residents of RSA Sect. 17 (5)(a)(ii) vs. Dom, 75% Sec. 16(4)(c)(ii)
Challenges Observed from April 2008 – March 2011 Ø Proper completion of Commercial Air Licensing Application Forms Ø Financial Capability Ø Consumer Guarantee Ø BBBEE Compliance Ø Special Equipment
Challenges Observed from April 2008 – March 2011 Ø Interrupted Air Services for < 12 Months Ø Using Issued Licence & Documents under the Act yet not being the Holder Ø Compliance with Amendments Clause
Conclusion Ø RSA is rated among the highly respected States in terms of Safety, Security & Reliability Standards (e. g. CAHRS – ICAO/ICASS, Reduction of Emissions, Establishment of Safety Investigation Board in compliance with Conventions, jurisdiction of Aviation Safety)
Conclusion Ø Through RSA Airlift Strategy there are plenty opportunities for aviation and socioeconomic growth (Deregulations; YD on Bilateral basis with willing States; Co-operative efforts by all relevant key stakeholders: Do. T, Tourism SA, Airline Industry, DTI, DIRCO, DHA & etc)
National Capacity Airline Industry Infrastructure African and International Environmental Scan State of the Aviation Industry
Recommendations Ø Study the applicable Acts & Regulations to ensure proper completion of application forms that can be processed within the reasonable time Ø Utilise competent and reputable consulting companies or individuals for a reasonable fee where necessary for time saving & accuracy, first time Ø Do. T, Secretariat & Both Councils are always willing to give appropriate advice where necessary Ø Keep current of latest developments within aviation industry Locally, Regionally and Globally for opportunities or influencing the Legislation, Policies & etc
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