Tuesday, December 12, 2006

What authority does SAMAA have?

This came from Piet le Roux in Bloem. It shows the difficulty some of our members have with the direction of the SAMAA
Any comments from the management committee?

What authority does SAMAA have?

To establish this we first have to analyze the application made by SAMAA to the CAA dated 15/11/2005.
In this the following is stated: “SAMAA’s control function is linked to the operational requirements referred to in regulation 94.06.11 (b) of the civil aviation regulations.”
The commissioner then just states: “Having gone through your comprehensive submission on the above request for recognition. I would to confirm that the CAA is satisfied with your presentation.” (Not a typo on my part)

Ok let’s look at regulation 94 and see what is relevant to model aircraft:

(This part has not yet been promulgated)
Part 94
OPERATION OF NON-TYPE CERTIFICATED AIRCRAFT


LIST OF REGULATIONS
OPERATION OF NON-TYPE CERTIFICATED AIRCRAFT

SUBPART 5: RULES OF THE AIR

Conditions for Flight
94.05.1 Except when stated otherwise on the Authority to Fly, a non-type certificated aircraft may not be flown –

(a)(a) by night;

(b)(b) in meteorological conditions less than those prescribed as suitable for flight under VFR;

(c)(c) within controlled airspace, unless cleared by and on conditions prescribed by ATC; or

(d)(d) Within 5 NM from the aerodrome reference point of an aerodrome, licensed or approved in terms of Part 139 of these Regulations and situated in Class G airspace, unless established unmanned aerodrome procedures for the particular aerodrome can be adhered to.

Operation of model aircraft
94.06.11 Exemptions

Model aircraft are exempted from these Regulations –

(a) Except from regulation 94.05.1; and

(b) provided that no model aircraft shall be flown –

(i) Higher than 150 feet above the surface; or
(ii) From or above a public road;

Unless –

(iii) With the prior approval of the Commissioner and on conditions determined by him or her; or
(iv) In airspace specifically approved for the purpose by the Commissioner and on conditions set by him or her for the use of such airspace.

It says more or les what part 101said. Now let’s look at SAMAA’s Manual of procedures dated February 2001:
“2. Operating procedures
No model aircraft may be flown from any site or location other than a S.A.M.A.A. approved and registered model flying site. Model aircraft may only be flown at public displays/functions with the specific permission of the S.A.M.A.A. Flying from such an approved and registered flying site is also subject to any specific or local provisions that have been imposed on such a site by the S.A.M.A.A., the Civil Aviation Authority, or municipal authorities.”
It also states:
“Operation of powered model aircraft at all S.A.M.A.A./CAA-approved and registered model flying sites:
Should not exceed an altitude (above ground level) of 350m. Operation of soaring model aircraft should not exceed 1 500m.”

Conclusion:
SAMAA absolutely jump the gun then they wrote these procedures! We did not have the authority then nor do we have it now. SAMAA’s control function is linked to the operational requirements referred to in regulation 94.06.11 (b), so if anyone flies below 150 feet, not Within 5 NM from an aerodrome or registered site, not from or above a public road, in the day time and he or she is not contravening any municipal by-laws this person is doing nothing wrong. The 350m and 1500m altitude limits may be applicable to registered sites but I can not find any CAA documents to verify this.

Piet Le Roux
Bloemfontein

2 comments:

Aragon said...

It's as if SAMAA are taking an underhanded approach of trying to enforce what they see as the law through the only method they have at their disposal - FUD. SAMAA should keep in mind of what is written in law as of today as those are the only rules that apply to us modelers. While SAMAA may desire to change these laws, no laws are changed without first being gazetted for public scrutiny. And now that many of us have seen SAMAA's true colours I think you can be fairly well assured that any attempt at changing the law to give SAMAA authority/control of the hobby will meet notable public opposition.

Anonymous said...

why moderate when you can participatea/

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