Update on status of promugation of the 12 year engine rule
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The status of promugation of the 36th ammendment of the civil aviation regulation containing parts 91 & 43 to enable appendix 3
The AIC 18/19 Task Team wishes to provide the aviation community with an update on the status of Amendment 36 to enable SA-CATS 43, which remains awaiting promulgation by the Honourable Minister of Transport.
Following agreement and CARCom procedural completion of collaborative technical work undertaken through the South African Civil Aviation Authority (SACAA), the Civil Aviation Regulations Committee (CARCom), the AIC 18/19 Task Team, CAASA, industry associations, maintenance organisations, aircraft owners, technical specialists, and other interested stakeholders, the amendment was submitted for promulgation.
The Task Team understands that the delay in promulgation is currently attributable to two principal factors.
Firstly, an additional review process has been introduced whereby civil aviation regulations submitted to the Minister for promulgation are referred to the State Law Advisers for consideration before publication. This additional step was not anticipated during the regulatory development process and has extended the timeline for promulgation.
The Task Team is aware that CAASA has submitted several letters to the Honourable Minister seeking clarity on the status of the amendment and requesting an indication of the anticipated timeframe for promulgation. To date, no formal response has been received.
Secondly, the Aircraft Owners and Pilots Association of South Africa (AOPA-SA) has submitted a letter raising objections to the proposed amendment. In accordance with the applicable administrative process, the Minister is required to consider these representations before reaching a final decision on promulgation.
During a recent meeting between industry representatives and the Director of Civil Aviation, it was advised that the SACAA is exploring the possibility of an interim regulatory mechanism, potentially in the form of an exemption or similar legal instrument, to provide temporary relief while the promulgation process is concluded. It was, however, emphasised that no final decision has been made and no commitment could be given regarding the implementation or timing of such a measure.
The AIC 18/19 Task Team, together with industry stakeholders, continues to engage constructively with both the Department of Transport and the SACAA to facilitate the earliest possible resolution. The importance of this amendment to aircraft owners, maintenance organisations, operators, engineers, Approved Maintenance Organisations (AMOs), and the broader General Aviation sector has been consistently communicated through the appropriate channels.
The Task Team recognises the frustration experienced by many within the aviation community as the delay continues. Nevertheless, we remain committed to working collaboratively with all parties to achieve a practical and legally sound outcome that maintains South Africa's high standards of aviation safety while supporting a sustainable and economically viable aviation industry.
The AIC 18/19 Task Team will continue to keep industry informed as soon as formal feedback or decisions are received from the relevant authorities. For further information or media enquiries or interviews, please contact:
