SA CAR and CATS Part 178.docx

  **SUBPART 1:** **GENERAL** 178.01.1 Applicability 178.01.2 Requirement for approval 178.01.3 Inspection of aeronautical assessment of aviation obstacles approval 178.01.4 Register of approvals **SUBPART 2:** **APPROVAL OF AERONAUTICAL ASSESSMENT OF AVIATION OBSTACLES** 178.02.1 Manual of...

  **SUBPART 1:** **GENERAL** 178.01.1 Applicability 178.01.2 Requirement for approval 178.01.3 Inspection of aeronautical assessment of aviation obstacles approval 178.01.4 Register of approvals **SUBPART 2:** **APPROVAL OF AERONAUTICAL ASSESSMENT OF AVIATION OBSTACLES** 178.02.1 Manual of procedure 178.02.2 Quality assurance system 178.02.3 Personnel requirements 178.02.4 Minimum requirements for competent persons 178.02.5 Application for issuing or amendment approval 178.02.6 Issuing of approval 178.02.7 Period of validity 178.02.8 Renewal of approval 178.02.9 Duties of holder of approval 178.02.10 Documents and records 178.02.11 Standards and requirements **\ GENERAL** **Applicability** **178.01.1   **This part applies to---   a. approval of aeronautical assessment of aviation obstacles; and  b. approval and operation of organisations and persons conducting aeronautical assessment of aviation obstacles. **Requirement for approval** **178.01.2   **A person shall not conduct aeronautical assessment of aviation obstacles except under the authority of, and in accordance with the provisions of--- a. an aeronautical assessment of aviation obstacles approval issued under this Part; or  b. a flight procedure design approval issued under Part 173. **Inspection of aeronautical assessment of aviation obstacles approval** **178.01.3   **A holder of an aeronautical assessment of aviation obstacles approval shall produce an original approval or certified copy thereof to an authorised officer, inspector or authorised person if so requested by such officer, inspector or person for inspection. **Register of approvals** **178.01.4   **(1)  The Director shall maintain a register of all aeronautical assessment of aviation obstacles approvals issued in terms of this Part. (2)  A register referred to in sub-regulation (1) shall contain the following particulars---  (*a*)full name of the holder of the approval;  (*b*)postal or electronic address of the holder of the approval;  (*c*)date on which an approval was issued or renewed;  (*d*)full name of the competent person; and  (*e*)nationalities of the holder of the approval and the competent person. (3)  The particulars referred to in sub-regulation (2) shall be recorded in the register within seven days from the date on which the approval is issued. (4)  A register shall be kept in a safe place at the office of the Authority. (5)  A copy of a register shall be furnished by the Director, on payment of the appropriate fee as prescribed in Part 187, to any person who requests a copy **\ APPROVAL OF AERONAUTICAL ASSESSMENT OF AVIATION OBSTACLES** **Manual of procedure** **178.02.1   **(1)  An applicant for the issuing of an aeronautical assessment of aviation obstacles approval shall provide the Director with its manual of procedure which complies with the requirements prescribed in this Subpart and contains the information prescribed in Document SA-CATS 178. (2)  A holder of an aeronautical assessment of aviation obstacles approval shall---   (*a*)keep a manual of procedure in a readily accessible form and format;  (*b*)ensure that each amendment to its manual of procedure meets the applicable requirements of this Part;  (*c*)comply with the amendment procedures contained in its manual of procedure. (3)  A holder of an aeronautical assessment of aviation obstacles approval who intends to change any part of its manual of procedure shall apply to and obtain the prior approval of the Director before effecting such change. (4)  The Director may specify conditions under which a holder of an aeronautical assessment of aviation obstacles approval shall operate during or following any changes applied for as referred to in sub-regulation (3), to ensure continued compliance with the requirements of this Part. (5)  If any change to a manual of procedure referred to in this regulation requires an amendment to an aeronautical assessment of aviation obstacles approval, a holder thereof shall forward such approval to the Director immediately after the amended manual of procedure has been issued. (6)  A holder of an aeronautical assessment of aviation obstacles approval shall make such amendments to its manual of procedure which the Director may deem necessary in the interests of aviation safety. **Quality assurance system** **178.02.2   **(1)  An applicant for an aeronautical assessment of aviation obstacles approval shall establish a quality assurance system for the control and supervision of services covered by the application. (2)  The minimum standards for a quality assurance system shall be as prescribed in Document SA-CATS 178. **Personnel requirements** **178.02.3   **(1)**  **A holder of an aeronautical assessment of aviation obstacles approval shall engage or employ a competent person, to whom contractual authority and responsibility is granted to ensure that all aeronautical assessment activities undertaken are carried out in accordance with the applicable requirements prescribed in this Subpart. (2)  A competent person referred to in sub-regulation (1) shall be vested with---  (*a*)right to access aeronautical assessment work performed or aeronautical assessment activities undertaken by or on behalf of a holder of an aeronautical assessment of aviation obstacles approval.  (*b*)powers to report directly to the management of a holder of an aeronautical assessment of aviation obstacles approval.  (*c*)a duty to establish liaison mechanisms with the Director with a view to ascertain correct manners of compliance with the requirements prescribed in this Subpart and interpretations of such requirements by the Director; and   (*d*)a duty to ensure that any aeronautical assessment of aviation obstacles covered by the approval is performed as prescribed in this Part. **Minimum requirements for competent persons** **178.02.4   **(1)  A competent person referred to in regulation [178.02.3](https://caa.mylexisnexis.co.za/Content/Content?navigationString=%7b%22DomainId%22:%22x5xpf%22,%22DomainPath%22:%22zb/jilc/ubxe/jicrc/u5xpf/x5xpf%22,%22ZoneId%22:7%7d&tokenString=%7b%22TokenID%22:%221d8e1808-0436-4b01-8d16-0df35d12fa73%22,%22SubscriberID%22:%227000165%22,%22DeviceID%22:%22df3e3ae0-5cd9-4017-8cef-ee7b17897b8b%22%7d#gx) shall satisfy the minimum requirements prescribed in Document SA-CATS 178. (2)  A person who fails a competency assessment referred to in sub-regulation (1) may apply for re-assessment after appropriate period as prescribed in Document SA-CATS 178. **Application for issuing or amendment of approval** **178.02.5   **An application for the issuing an aeronautical assessment of aviation obstacles approval, or an amendment thereof shall be made to the Director in the appropriate prescribed form and accompanied by---   (*a*)appropriate fee as prescribed in Part 187; and  (*b*)manual of procedure referred to in regulation [178.02.1](https://caa.mylexisnexis.co.za/Content/Content?navigationString=%7b%22DomainId%22:%22x5xpf%22,%22DomainPath%22:%22zb/jilc/ubxe/jicrc/u5xpf/x5xpf%22,%22ZoneId%22:7%7d&tokenString=%7b%22TokenID%22:%221d8e1808-0436-4b01-8d16-0df35d12fa73%22,%22SubscriberID%22:%227000165%22,%22DeviceID%22:%22df3e3ae0-5cd9-4017-8cef-ee7b17897b8b%22%7d#gk). **Issuing of approval** **178.02.6   **(1)**  **The Director may issue an aeronautical assessment of aviation obstacles approval if the Director is satisfied that---   (*a*)an applicant meets the requirements prescribed in this Part;  (*b*)a competent person of an applicant satisfies all the requirements prescribed in regulations [178.02.3](https://caa.mylexisnexis.co.za/Content/Content?navigationString=%7b%22DomainId%22:%22x5xpf%22,%22DomainPath%22:%22zb/jilc/ubxe/jicrc/u5xpf/x5xpf%22,%22ZoneId%22:7%7d&tokenString=%7b%22TokenID%22:%221d8e1808-0436-4b01-8d16-0df35d12fa73%22,%22SubscriberID%22:%227000165%22,%22DeviceID%22:%22df3e3ae0-5cd9-4017-8cef-ee7b17897b8b%22%7d#gx) and 178.02.4;  (*c*)granting of the approval is not contrary to the interests of aviation safety. (2)  An aeronautical assessment of aviation obstacles approval referred to in sub-regulation (1) shall contain---   (*a*)full name of the holder;  (*b*)competent person's full name;  (*c*)any condition applicable to the approval;  (*d*)the date when the approval becomes effective; and  (*e*)any other information that the Director deems necessary. (3)  The Director may issue a replacement aeronautical assessment of aviation obstacles approval on payment of the appropriate fee as prescribed in Part 187, in the event that an original approval is lost or destroyed. **Period of validity** **178.02.7   **(1)  An aeronautical assessment of aviation obstacles approval is valid for one year, calculated from the date of issuing or renewal thereof. (2)  An aeronautical assessment of aviation obstacles approval shall remain in force until it expires, suspended or cancelled in terms of the regulations. (3)  A holder of an aeronautical assessment of aviation obstacles approval shall forthwith surrender an approval to the Director upon its expiry. (4)  A holder of an aeronautical assessment of aviation obstacles approval which is suspended shall forthwith produce the approval to the authorised officer, inspector or authorised person concerned for the appropriate endorsement. (5)  A holder of an aeronautical assessment of aviation obstacles approval which is cancelled, shall, within 30 days from the date on which the approval is cancelled, surrender such approval to the Director. **Renewal of approval** **178.02.8   **(1)  An application for the renewal of an aeronautical assessment of aviation obstacles approval, shall be made to the Director on the appropriate prescribed form and accompanied by---   (*a*)appropriate fee as prescribed in Part 187; and  (*b*)manual of procedure referred to in regulation [178.02.1](https://caa.mylexisnexis.co.za/Content/Content?navigationString=%7b%22DomainId%22:%22x5xpf%22,%22DomainPath%22:%22zb/jilc/ubxe/jicrc/u5xpf/x5xpf%22,%22ZoneId%22:7%7d&tokenString=%7b%22TokenID%22:%221d8e1808-0436-4b01-8d16-0df35d12fa73%22,%22SubscriberID%22:%227000165%22,%22DeviceID%22:%22df3e3ae0-5cd9-4017-8cef-ee7b17897b8b%22%7d#gk). (2)  A holder of an aeronautical assessment of aviation obstacles approval shall, at least 90 days immediately preceding the date on which such approval expires, apply to the Director for the renewal of such approval. **Duties of an aeronautical assessment of aviation obstacles approval holder** **178.02.9   **(1)  A holder of an aeronautical assessment of aviation obstacles approval shall---   (*a*)keep a complete and current copy of its manual of procedures;  (*b*)comply with all procedures detailed in the manual of procedures;  (*c*)make its manual of procedures available to the personnel who require it to carry out their duties;  (*d*)continue to comply with the appropriate requirements prescribed in this Part; and  (*e*)ensure that aeronautical assessments are conducted in accordance with appropriate standards and requirements as prescribed in regulation [178.02.11](https://caa.mylexisnexis.co.za/Content/Content?navigationString=%7b%22DomainId%22:%22x5xpf%22,%22DomainPath%22:%22zb/jilc/ubxe/jicrc/u5xpf/x5xpf%22,%22ZoneId%22:7%7d&tokenString=%7b%22TokenID%22:%221d8e1808-0436-4b01-8d16-0df35d12fa73%22,%22SubscriberID%22:%227000165%22,%22DeviceID%22:%22df3e3ae0-5cd9-4017-8cef-ee7b17897b8b%22%7d#g2n). (2)  In performing aeronautical assessment of aviation obstacles, the holder of an aeronautical assessment of aviation obstacles approval shall---   (*a*)assess aviation obstacles according to the standards and requirements prescribed in regulation [178.02.11](https://caa.mylexisnexis.co.za/Content/Content?navigationString=%7b%22DomainId%22:%22x5xpf%22,%22DomainPath%22:%22zb/jilc/ubxe/jicrc/u5xpf/x5xpf%22,%22ZoneId%22:7%7d&tokenString=%7b%22TokenID%22:%221d8e1808-0436-4b01-8d16-0df35d12fa73%22,%22SubscriberID%22:%227000165%22,%22DeviceID%22:%22df3e3ae0-5cd9-4017-8cef-ee7b17897b8b%22%7d#g2n) and prepare a report thereof;   (*b*)submit report referred to in paragraph (*a*) to the Director together with the appropriate fee prescribed in Part 187; and   (*c*)adhere to the issuing of approval process prescribed in regulation [178.02.6](https://caa.mylexisnexis.co.za/Content/Content?navigationString=%7b%22DomainId%22:%22x5xpf%22,%22DomainPath%22:%22zb/jilc/ubxe/jicrc/u5xpf/x5xpf%22,%22ZoneId%22:7%7d&tokenString=%7b%22TokenID%22:%221d8e1808-0436-4b01-8d16-0df35d12fa73%22,%22SubscriberID%22:%227000165%22,%22DeviceID%22:%22df3e3ae0-5cd9-4017-8cef-ee7b17897b8b%22%7d#g1c). (3)  A holder of an aeronautical assessment of aviation obstacles approval shall apply to the Director for the cancellation of the approval if such holder intends to cease to perform aeronautical assessments of aviation obstacles. **Documents and records** **178.02.10   **(1)  A holder of an aeronautical assessment of aviation obstacles approval, shall---   (*a*)keep copies of all relevant documents which may be necessary as prescribed in Document SA-CATS 178--- (i)for specified aeronautical assessment of aviation obstacles conducted by such holder; and (ii)to determine compliance with appropriate requirements prescribed in this Subpart; and   (*b*)establish procedures to control documents referred to in paragraph (*a*). (2)  A holder of an aeronautical assessment of aviation obstacles approval shall establish procedures to identify, collect, index, store and maintain all records which may be necessary---   (*a*)for specified aeronautical assessment of aviation obstacles conducted by such holder; and   (*b*)to determine compliance with the appropriate requirements prescribed in this Subpart. (3)  Procedures referred to in sub-regulation (2) shall be made to ensure that---   (*a*)a record is kept of each quality control review of a holder of an aeronautical assessment of aviation obstacles approval;   (*b*)a record is kept of each person who conducts specified aeronautical assessment of aviation obstacles, including particulars of competence assessments of each such person;   (*c*)all records are legible; and   (*d*)records are kept for the period specified per type of record as prescribed in Document SA-CATS 178, calculated from the date of the last entry made in such record. **Standards and requirements** **178.02.11   **A holder of an aeronautical assessment of aviation obstacles approval shall comply with the standards and requirements as prescribed in Document SA-CATS 178. **178.01.5 QUALITY ASSURANCE SYSTEM** **1. Minimum requirements**   1. The holder of an aeronautical obstacle assessment certificate shall establish internal quality assurance procedures to ensure compliance and the adequacy of organisational procedures.   2. The procedures referred to in paragraph (1) shall specify --   (a).the level of quality that the certificate holder intends to achieve; (b)the level and frequency of internal reviews;  (c)the person or persons responsible for carrying out the internal reviews;  (d) how the findings of the internal reviews are to be recorded and reported to the accountable manager; (e)how quality indicators such as error reports, incidents, and complaints are incorporated into the internal quality assurance procedures;  (f)the senior person\'s responsibilities for analysis and overview of the internal reviews; (g)the means for rectifying any deficiencies found during an internal review; and   (h)the documentation requirements for all aspects of the review.   (3)A senior person who has the responsibility for internal quality assurance shall have direct access to the accountable manager on matters affecting the adequacy, accuracy, timeliness, format, and dissemination of the published aeronautical information.   (4)An organisation which has an approved QMS, may be approved in terms of this Part provided the provisions of subsection (2) are complied with. **178.01.10 DOCUMENTS AND RECORDS** **1 Records to be kept**   1. The following record shall be retained for the period specified in subsection (2) --   \(a) Assessment reports, including -- \(i) Electronic design files; (ii)Source data used in the assessment; (iii)Supplementary information and data; (iv)All other information and data relevant to the assessment;   (b)Training records; **2 Retention period**   1. The following record as specified in subsection (1) shall be retained for the period of --   (a)assessment reports - indefinitely; and  \(b) training records - 10 years **178.02.1 OPERATIONS MANUAL** **1 Contents**   (1)The operations manual shall contain --   (a)an organisational chart showing lines of responsibility of the organisation\'s personnel;   (b)a statement signed by the applicant, or designate, confirming that the operations manual -- (i)demonstrates the means and methods for ensuring on-going compliance with the requirements prescribed in the regulations; and (ii)that the operations manual shall be complied with at all times;   (c)a copy of the quality management system;   (d)details of the aeronautical obstacle assessment personnel;   (e)a copy of the approved training programme for aeronautical obstacle assessment staff;   (f)a copy of the approved training plan for each aeronautical obstacle assessment staff;   (g)a list of facilities and equipment required by the aeronautical obstacle assessment staff;   (h)a list of reference documentation required by the aeronautical obstacle assessment staff;   (i)procedures to conduct aeronautical obstacle assessments, perform quality assurance checks and submission to the Director for review and approval;   (j)the procedure to liaise with the Director to ascertain correct interpretation and compliance with requirements issued by the Director, and to facilitate liaison between the organisation and the Director.   (k)a copy of the internal inspections procedure; and   (l)the procedure for amending and controlling the contents of the manual of procedure; **178.02.3 MINIMUM REQUIREMENTS FOR COMPETENT PERSONS** **1Minimum qualification and experience**   (1)The minimum requirements for the competent person required by CAR 178.02.3(1) are --   (a)Qualifications: A competent person shall, as a minimum, have -- \(i) successfully completed an Aeronautical Obstacle Assessment course, or \(ii) successfully completed a Flight Procedure Design/PANS-OPS course, or; \(iii) sufficient evidence exists that training with regards to assessment of obstacles was attended and satisfactory completed.   (b)Experience: A competent person shall -- (i)have a minimum of 2 years aeronautical obstacle assessment experience. **2. Competency assessment requirements**   1. An applicant shall submit three aeronautical obstacle assessment reports to the Director for review and shall consist of an aeronautical obstacle assessment report each of the following runway types --   a. Precision Approach Runway   b. Non-Precision Approach Runway   c. Non-Instrument Runway   2. In addition to subparagraph (1) the Director may request:   a. any additional aeronautical obstacle assessment reports conducted by the applicant to be submitted, and   b. request additional aeronautical obstacle assessments to be conducted based on requirements specified by the Director.   3. A successfully pass a theoretical knowledge examination of which the pass mark shall be a minimum of 70%.   4. A person who fails the theoretical knowledge examination referred to in paragraph (3), may apply for re-assessment after a period of three months have lapsed.   5. The Director may specify any additional requirements, including remedial training, shall the applicant fail to satisfy the competency requirements defined by the Director. **178.02.4 Duties of approval holder** **1 Standards and requirements**   1. An approval holder shall ensure that aeronautical obstacle assessments are conducted and submitted in accordance with --   a. ICAO Standards and Recommended Practices of Annex 10 and 14;   b. ICAO Doc 9137 Part 6 and ICAO Doc 8168 Vol 2; and   c. procedures, standards, instructions, directives, technical guidance material and any other requirements as deemed necessary by the Director, as amended.