Question NW1922 to the Minister of Transport

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11 October 2016 - NW1922

Profile picture: Rabotapi, Mr MW

Rabotapi, Mr MW to ask the Minister of Transport

(1)Whether she has issued any regulations to prevent aircraft falling into Chapter 2 regarding aircraft noise classification from entering the South African airspace; if not, why not; if so, (a) which regulations were issued, (b) when did the specified regulations take place, (c) what are the reasons and (d) when did the specified regulations come into effect; (2) Whether there are any exemptions to the specified regulations; if not, why not; if so, (a) what are the relevant details and (b) why are the specified exemptions in place?

Reply:

South African Civil Aviation Authority (SACAA)

1. (a) Regulation 91.07.16(2) prohibits, as from 1 January 2016, Chapter 2 from operating in the South African airspace. (b) The said regulation was published on Government Gazette No. 39339 of 30 October 2015. The regulations introduced by the said Gazette came into force 30 days after publication. However, regulation 91.07.16(2) prevented the operation of Chapter 2 aircraft as from 1 January 2016. (c) South Africa has an obligation to implement Standards and Recommended Practices issued by the International Civil Aviation Organization (ICAO) in the form of Annexes to the Convention on International Civil Aviation (Chicago Convention) to which South Africa is a member. ICAO required all its Member States to phase out Chapter 2 aircraft. (d) The prohibition came into effect from 1 January 2016.

2. There are no specified exemptions. In terms of Regulation 11.04.1, the Director of Civil Aviation may exempt an applicant from any requirement prescribed in the regulations. The procedure for applying for an exemption is prescribed by Regulation 11.04.2. To date, there has not been an application made to the Director of Civil Aviation for an exemption from the requirements prescribed in Regulation 91.07.16(2).

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