The South African Civil Aviation Authority (SACAA) to take enforcement action against the operator of the Airbus 330 chartering passengers from India

Midrand, Johannesburg. The South African Civil Aviation Authority (SACAA) is considering enforcement action against the operator of the A330 for violation of the Civil Aviation Regulations. The Airbus A330 belonging to Jet Airways, which was carrying passengers from India to South Africa and is now repositioned at OR Tambo, have been found to be without a Foreign Operator Permit (FOP).

The decision by the Authority follows the removal of this aircraft from the Waterkloof air force base as ordered by the Minister of Defence. The implications of the decision by the Minister of Defence are that the aircraft is now in the civilian airspace and will be subjected to the provisions of the civil aviation Authority legislation and International Air Services Act.

In cases where a foreign operated aircraft carrying civilians will land at a military aerodrome, Part 139.01.2 of the Civil Aviation Regulations requires that an operator of such an aircraft submit an application in writing to the Director (Director of Civil Aviation of the SACAA) requesting permission for that aircraft to land at a military aerodrome. However this is subject to the Minister of Defence granting permission for such landing before the application is forwarded to the SACAA.

The SACAA can confirm that no application was received by the Office of the Director in this regard. According to the International Air Service Act, a foreign operator should notify South Africa of their intention to land in this country and in doing so they must comply with the requisite regulations governing the operation of an aircraft.

This process also requires that the SACAA reviews the documentation prior to landing and make its recommendation to the International Air Services Licensing Council. Upon arrival SACAA would conduct safety audits on the aircraft and verify the validity of licences for the crew. SACAA will also verify the suitability of the aerodrome in relation to the type of aircraft to be landed and any other issue that could impact negatively on the safety operation of the aircraft.

The extent of the enforcement action will be decided once all the facts are considered. The SACAA, upon learning about the repositioning of this aircraft landing at OR Tambo International Airport, sent out a team of inspectors to conduct a ramp inspection. The team confirmed that the aircraft did not have a Foreign Operator Permit as is a requirement for a civilian operation. They also found that the aircraft had conformed to all other safety related requirements such as a valid Certificate of Airworthiness, and its maintenance records were up to date.

The South African Civil Aviation Authority's mandate is to regulate civil aviation safety and security and we accomplish this by enforcing applicable civil aviation regulations and recommended standards and practices. The SACAA remains confident that the aviation safety and security records in the country exceed the minimum standards and in fact compare favourably in terms of the best international standards and practice.

Statement issued by Phindiwe Gwebu, Senior Manager: Communications, Civil Aviation Authority (SACAA), May 3 2013

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