ZA Aviation Law 2020-2021 PDF

Welcome to Cabin Crew Air Law training Thandiwe Banda  Welcome to Cabin Crew Air Law Training Thandiwe Banda Contact number: +260 977520899 AVIATION LAW INTRODUCTION Air Legislation are air laws governing Air Navigation, Air Transport, Maintenance of Civil Aircraf...

Welcome to Cabin Crew Air Law training Thandiwe Banda  Welcome to Cabin Crew Air Law Training Thandiwe Banda Contact number: +260 977520899 AVIATION LAW INTRODUCTION Air Legislation are air laws governing Air Navigation, Air Transport, Maintenance of Civil Aircraft, its equipment and aviation personnel to minimum acceptable standards as defined in the law of country or land. Air law is the same to 85% of all countries, organization and operating civil aircraft.  AVIATION LAW INTRODUCTION There are many parts of the Civil Aviation Regulations(ZCARs) that pertain to Cabin Crew members, but only the most applicable parts of the regulations will be listed in this section. A full copy of the ZCARs is available from the ZCAA as well as your Airlines library. It is the responsibility of each crew member to familiarize themselves with the regulations and any amendments thereto. AVIATION LAW REGULATORY BODIES GLOSSARY AND ABBREVIATIONS ICAO - International Civil Aviation Organization FAA - Federal Aviation Administration (USA) JAA - Joint Aviation Administration (Europe) JARs - Joint Aviation Regulations IATA - International Air Transport Association ZCAA - Zambia Civil Aviation Authority AVIATION LAW INTERNATIONAL REGULATORY BODIES ICAO is an organization which sets minimum safety standards in the aviation industry. A number of countries are affiliated to this organization. These regulations are legally binding on its member states. FAA is an administration which sets standards for the USA. Most of the counties in the world comply with these regulations or use these regulations as guidance. South Africa is included in these countries. JAA is an authority which sets standards/regulations for Europe. IATA is an association to which most commercial airlines are affiliated. The airline and its employees must adhere to IATA regulations. Should the airline or its employees not adhere to these regulations the operating license will be withdrawn and penalties imposed.  AVIATION LAW NATIONAL REGULATIONS - ZCAA The Aviation Industry(airlines, training organizations, cargo operators, etc.,) which operate in Zambia or who are licensed in Zambia are governed by the ZCAA. The ZCAA is responsible for ensuring that all the operators are in compliance with minimum standards as stipulated by themselves. Regulations published by the ZCAA are in compliance with ICAO. The ZCAA is headed by the Director General who appoints inspectors empowered with relevant authority needed to carry out audits on operators and their crew. ZCAA inspectors may ground a flight if there is reason to believe that the flight would put the crew and passengers in danger. AVIATION LAW GENERAL PARTS OF ZCARS Part 1 - General Policies, Procedures Part 10 - Commercial Air Transport by and Definitions Foreign Operators Within Zambia Part 2 - Personnel Licensing Part 11 - Aerial Work Part 3 - Approved Training Part 12 - Air Navigation Regulations Organization Part 13 - Rules of the Air Part 4 - Aircraft Registration and Part 14 - Aerodromes and Ground Marking Aids Part 5 – Airworthiness Part 15 - Safety Management System Part 6 - Approved Maintenance Part 16 - Units of Measurement Organization Part 17 - Aircraft Accident and Part 7 - Instruments and Equipment Incident Investigation Part 8 – Operations Part 18 - Remotely Piloted Aircraft Part 9 - Air Operator Certification Systems(RPAS)  AVIATION LAW OPERATORS All operators are required by law to submit a flight operations manual(FOM) to the CAA for approval. This manual outlines the operator’s minimum standards. This is legal document and is used by the CAA when carrying out audits on the operator. If the operator is found not comply to the minimum standards as laid down in their Flight Operations Manual the CAA may suspend their operations.  AVIATION LAW ZCAA INSPECTORS The CAA inspectors ensure that the operators are in compliance with regulations and operate according to the Flight Operations Manual submitted by the operator. The inspection of these minimum standards is carried out by the means of safety audits. The types of the audits that are carried out are as follows:  AVIATION LAW TYPES OF INSPECTIONS Base/AOC/ATO Inspections The inspector checks all records, training documents, training facilities and validity of crew members and operators licenses. Ramp/Apron Inspection This involves an inspection of the aircraft whilst it is still parked at the bay, as well as pre-flight procedures and safety knowledge of new members with regard to the aircraft type they are about to operate on. The inspector must leave the aircraft prior to departure. AVIATION LAW Flight Inspection There are two types of flight inspection: 1. Cabin Inspection: The inspector observes the operation of the crew and ensure that they operate within the safety standards. 2. Flight Deck Inspection: The inspector observes the operation of the flight crew and ensures that they operate within the safety standards. All CAA inspectors must have positive identification(CAA ID) when carrying out an inspection on board the aircraft. Any person who identifies himself as a CAA inspector but does not gave a valid permit should not be allowed to have access to the aircraft. Whenever an inspector identifies himself the captain needs to be informed of their presence. CAA inspectors do not need permission to board an aircraft when carrying out an audit except when they need to gain access to the flight deck. In this case permission is needed from the captain. A CAA inspector may question the crew regarding safety aspects. CAA Inspectors may occupy a vacant crew jump seat.  AVIATION LAW CAA LICENCING PERTAINING TO CABIN CREW Cabin Crew members are licensed under ZCARs Part 2 and CAP 444 All crew flying on Zambian registered aircraft are required by CAA to be licensed on a maximum of three aircraft types.(Regulation 112(7) of CAP 444) In order to hold a relevant CAA license, Regulation 112 of CAP444 stipulates that a crew member shall: 1. Not be less than 18 years nor more than 55 years of age 2. have a valid class 2 medical examination certificate 3. have completed a registered initial training course 4. have passed the CAA theoretical Air Law examination 5. have competed a skills test on the relevant aircraft types, training is to have been conducted by a registered DFE. AVIATION LAW CABIN CREW LICENSE CLASSES ZCARs (2.93) A cabin crew members license shall entitle the holder to act in accordance with the following ratings as specified for each class: Class 1: 1. Instructor of Cabin Crew Members 2. Cabin Crew Member in charge of any type of aircraft which is endorsed in the Class 1 section of the license 3. To provide cabin services 4. To be in charge of emergencies Class II: 1. To provide passenger cabin services 2. To be in charge of emergencies Class III: 1. To provide passenger cabin services 2. Cabin crew member on training prior to qualifying for initial or additional aircraft type. AVIATION LAW DUTY PERIOD DUTY AND REST PERIODS 1. With respect to duty periods: i. Persons are considered to be on duty if they are performing any tasks on behalf of their employer, whether scheduled, requested or self-initiated. ii. If their employer requires a cabin crew member to engage in deadhead transportation for more than 4 hours, one half of that time shall be treated as duty time, unless they are given 10 hours of rest on the ground before being assigned to flight duty. iii. The employer will not schedule: a. A cabin crew member for more than 14 hours of duty, except as prescribed by Zambia Civil Aviation Authority. AVIATION LAW DUTY PERIOD 2. With respect to rest periods: i. The minimum rest period is considered to be 8 consecutive hours. ii. The minimum rest period for c a b i n crew members shall be 9 consecutive hours, unless otherwise prescribed by Zambia Civil Aviation Authority. iii. The operator may exercise the option to reduce a crew member’s rest period within the limitations prescribed under ZCARs IS.8.11.1.2. iv. The operator will relieve the cabin crew member, from all duties for 24 consecutive hours during any 7 consecutive day period.  AVIATION LAW DUTY PERIOD  v. Time spent in transportation of cabin crew member to position crew members to or from flights is not considered part of a rest period. vi. Time spent in transportation of cabin crew member to or from a crew member’s home station is not considered part of a rest period. vii. The operator shall not assign, nor may any cabin crew member: a. Perform duties in commercial air transportation unless that person has had at least the minimum rest period applicable to those duties as prescribed by Zambia Civil Aviation Authority,; or b. Accept an assignment to any duty with an operator during any required rest period. AVIATION LAW DUTY ALOFT 1. Zambia Civil Aviation Authority will consider all time spent on an aircraft as an assigned flight crew member or relief cabin crew member, whether resting or performing tasks, to be duty aloft. 2. Zambia Civil Aviation Authority will consider a cabin crew member to be on continuous duty aloft unless the cabin crew member receives a rest period of 8 consecutive hours on the ground. 3. An operator shall provide adequate sleeping quarters, including a berth on the aircraft whenever a cabin crew member is scheduled to be aloft for more than 12 hours during any 24 consecutive hours. AVIATION LAW MAXIMUM NUMBER OF FLIGHT TIME HOURS 1. An operator shall not schedule any cabin crew member and no cabin crew member may accept an assignment for flight time in commercial air transportation, if that cabin crew member’s total flight time will exceed 8 hours in any 24 consecutive hours. 2. An operator shall not schedule any cabin crew member and no cabin crew member may accept an assignment for more than 7 flights in commercial air transportation during any period of 18 consecutive hours, whichever comes first. 3. An operator shall not schedule any cabin crew member and no cabin crew member may accept an assignment for flight time in commercial air transportation, if that cabin crew member’s total flight time will exceed 30 hours in any 7-day period. AVIATION LAW 4. An operator shall not schedule any cabin crew member and no cabin crew member may accept an assignment for flight time in commercial air transportation, if that cabin crew member’s total flight time will exceed 100 hours in any 30-day period. 5. An operator shall not schedule any cabin crew member and no cabin crew member may accept an assignment for flight time in commercial air transportation, if that cabin crew member’s total flight time, total flights or duty aloft in commercial flying will exceed the limitations prescribed by Zambia Civil Aviation Authority. 6. An operator shall not schedule any cabin crew member and no cabin crew member may accept an assignment for flight time in commercial air transportation, if that cabin crew member’s total flight time will exceed 1000 hours in any 12-calendar month period.  AVIATION LAW COMPLIANCE WITH SCHEDULING REQUIREMENTS 1. Zambia Civil Aviation Authority will consider a cabin crew in compliance with prescribed standards if that person exceeds flight/duty limitations when: 1. The flight is scheduled and normally terminates within the prescribed limitations; but 2. Due to circumstances beyond the control of an operator (such as adverse weather conditions) are not expected at the time of departure to reach the destination within the scheduled time. 2. Zambia Civil Aviation Authority will consider a c a b i n c r e w m e m b e r in compliance with prescribed duty limitations, if that cabin crew member exceeds applicable limitations during emergency or adverse situations beyond the control of an operator. AVIATION LAW SPECIAL FLIGHT DUTY SCHEMES Zambia Civil Aviation Authority may approve a special flight duty scheme for an operator. AVIATION LAW FLIGHT TIME, DUTY AND REST PERIOD RECORDS The operator shall maintain records for each crew member and flight operations officer/ flight dispatcher of flight time, flight duty periods, duty periods, and rest periods for a period of 24 months. Air Law Any questions. Thank you!