Published: 2012-03-23
Key Benefits:
(section 89)
(23rd March, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Application of rule
3. Interpretation
PART II
General flight rules
4. Dangerous operation of aircraft
5. Problematic use of psychoactive substance
6. Low flying
7. Formation flights
8. Unmanned free balloons
9. Acrobatic manoeuvres
10. Right-hand traffic rule
11. Prohibited areas and restricted areas
12. Flights over game parks, game reserves and national parks
13. Cruising levels
14. Altimeter setting
15. Dropping, spraying, towing and parachute descents
16. Proximity to other aircraft
17. Right-of-way rules in air operation
18. Right-of-way rules in ground operation
19. Right-of-way rules in water operation
20. Coordinated Universal Time
PART III
Lights and other signals to be shown or made by aircraft and aerodrome
21. Interpretation for purposes of Schedule 2
22. Display of lights and signals for aerodrome traffic
23. Failure of lights by night
24. Conditions for lights to be displayed by an aircraft
25. Balloons, kites, airships, gliders and parascending parachutes
26. Captive balloons and kites by day
27. Captive balloons and kites by night
28. Airships by day and night
29. Anti-collision light
30. Simulated instrument flight conditions
31. Practice instrument approaches
32. Aerodromes not having air traffic control units
33. Aerodromes having air traffic control units
34. Operations on or in the vicinity of an aerodrome
35. Access to and movement in the manoeuvring area
PART IV
Signals to be displayed by aircraft
36. Universal aviation signals
37. Misuse of signals and markings
38. Distress signals
39. Urgency signals
40. Aircraft interception and interception signals
41. Visual signals to warn an unauthorised aircraft entering notified airspace
42. Marshalling signals - signalman to a pilot
43. Marshalling signals - pilot to a signalman
PART V
Flight plans
44. Pre-flight action
45. Flight plan
46. Submission of a flight plan
47. Contents of a flight plan
48. Changes to a flight plan
49. Closing a flight plan
PART VI
Air traffic services
50. Air traffic control clearances
51. Potential re-clearance in flight
52. Adherence to air traffic control clearances
53. Route to be flown
54. Air traffic control clearance inadvertent changes
55. Air traffic control clearance - intended changes
56. Position report
57. Communications
58. Communication failure - air-to-ground
59. Communication failure - ground-to-air
60. Unlawful interference of aircraft
61. Lawful interception of aircraft
Miscellaneous
62. Reporting of hazardous conditions
63. Classification of airspace
64. Powers of pilot-in-command
65. Flight in Class A airspace
66. Co-ordination of activities potentially hazardous to civil aircraft
PART VII
Visual flight rules
67. Weather limitations for visual flight rules flights
68. Visual meteorological conditions
69. Visual flight rules within a control zone
70. Minimum safe visual flight rules altitudes
71. Air traffic control clearances for visual flight rules flights
72. Weather deterioration below visual meteorological conditions
73. Visual flight rules flight within designated areas
74. Choice of visual flight rules or instrument flight rules
75. Special visual flight rules flight
76. Changing from visual flight rules to instrument flight rules
PART VIII
Instrument flight rules
77. Aircraft equipment
78. Instrument flight rules flights in controlled airspace
79. Instrument flight rules flights outside controlled airspace
80. Malfunction reports - operation under instrument flight rules in controlled airspace
81. Minimum flight altitudes for instrument flight rules operations
82. Change from instrument flight rules flight to visual flight rules flight
PART IX
Offences and penalties
83. Offences and Penalties
SCHEDULES
S.I. 24, 2012.
1. Citation
These Regulations may be cited as the Civil Aviation (Rules of the Air and Air Traffic Services) Regulations.
The provisions of these Regulations, insofar as they are applicable to aircraft, of rules shall apply to-
(a) all aircraft within Botswana; and
(b) all aircraft registered in Botswana, wherever they may be.
In these Regulations, unless the context otherwise requires -
"acrobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;
"advisory airspace" means an airspace of defined dimensions, or designated route, within which air traffic advisory service is available;
"aerodrome control tower" means a unit established to provide ATC service to aerodrome traffic;
"aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;
"aerodrome traffic zone" means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic;
"aeronautical information publication" means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;
"aeronautical mobile service" means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate;
"aeronautical station" means a land station in the aeronautical mobile service which in certain instances, may be located, for example, on board a ship or on a platform at sea;
"aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
"airborne collision avoidance system(ACAS)" means an aircraft system based on SSR transponder signals which operates independently of ground based equipment to provide advice to the PIC on potential conflicting aircraft that are equipped with SSR transponders;
"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;
"air traffic" means all aircraft in flight or operating on the manoeuvring area of an aerodrome;
"air traffic advisory service" means a service provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;
"air traffic control (ATC) clearance" means authorisation for an aircraft to proceed under conditions specified by an ATC unit;
"air traffic control service" means a service provided for the purpose of-
(a) preventing collisions-
(i) between aircraft; an
(ii) on manoeuvring area between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of air traffic;
"air traffic control unit (ATCU)" means an AWY, approach control unit or aerodrome control tower;
"air traffic service (ATS)" means flight information service, alerting service, air traffic advisory service, or ATC service;
"air traffic services (ATS) airspaces" means airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which ATS and rules of operation are specified;
"air traffic services reporting office" means a unit established for the purpose of receiving reports concerning ATS and flight plans submitted before departure;
"air traffic services unit (ATSU)" includes an ATC unit, FIC or ATS reporting office;
"airway (AWY)" means a CTA or portion thereof established in the form of a corridor;
"alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and assist such organisations as required;
"alternate aerodrome" means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing and includes the following-
(a) take-off alternate; an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure;
(b) en-route alternate; an aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en- route;
(c) Extended Range Operation by Turbine-engined Aeroplanes en- route alternate; a suitable and appropriate alternate aerodrome at which an aeroplane would be able to land after experiencing an engine shutdown or other abnormal or emergency condition while en route in an Extended Range Operation by Turbine-engined Aeroplanes operation; and
(d) destination alternate; an alternate aerodrome to which an aircraft may proceed should it become either impossible or inadvisable to land at the aerodrome of intended landing;
"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;
"anti-collision light" means a flashing red or flashing white light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the PIC of distant aircraft;
"approach control service" means ATC service for arriving or departing controlled flights;
"approach control unit" means a unit established to provide ATC service to controlled flights arriving at, or departing from, one or more aerodromes;
"apron" means a defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;
"area control centre (ACC)" means a unit established to provide air traffic control service to controlled flights in CTA under its jurisdiction;
"area control service" means ATC service for controlled flights in CTA;
"air traffic services (ATS) route" means a specified route designed for channeling the flow of traffic as necessary for the provision of ATS;
"automatic dependent surveillance (ADS)" means a surveillance technique in which aircraft automatically provide, via a data link, data derived from on-board navigation and position-fixing systems, including aircraft identification, four dimensional position and additional data as appropriate;
"ceiling" means the height above the ground or water of the base of the lowest layer of cloud below 6 000 metres covering more than half the sky;
"changeover point" means the point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omnidirectional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;
"clearance limit" means the point to which an aircraft is granted an ATC clearance;
"control area (CTA)" means a controlled airspace extending upwards from a specified limit above the earth;
"controlled aerodrome" means an aerodrome at which ATC service is provided to aerodrome traffic;
"controlled airspace" means an airspace of defined dimensions within which ATC service is provided in accordance with the airspace classification and covers ATS airspace Classes A, B, C, D and E as described in these regulations;
"controlled flight" means any flight which is subject to an ATC clearance;
"control zone (CTR)" means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;
"cruising level" means a level maintained during a significant portion of a flight;
"current flight plan (CPL)" means the flight plan, including changes, if any, brought about by subsequent clearances;
"danger area" means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times;
"data link communications" means a form of communication intended for the exchange of messages via a data link;
"estimated off-block time (EOBT)" means the estimated time at which the aircraft will commence movement associated with departure;
"estimated time of arrival (ETA)"-
(a) for IFR flights, means the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that an IAP will be commenced, or, if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome; and
(b) for VFR flights means the time at which it is estimated that the aircraft will arrive over the aerodrome;
"expected approach time (EAT)" means the time at which ATC expects that an arriving aircraft, following a delay, will leave the holding fix to complete its approach for a landing;
"filed flight plan (FPL)" means the flight plan as filed with an ATSU unit by the PIC or a designated representative, without any subsequent changes;
"flight (FLT)" means in the case of-
(a) an aeroplane or glider, from the moment it first moves for the purpose of taking off until the moment when it next comes to rest after landing; or
(b) an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;
"flight information centre (FIC)" means a unit established to provide FIS and alerting service;
"flight information region (FIR)" means an airspace of defined dimensions within which FIS and alerting service are provided;
"flight information service (FIS)" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
"flight level (FL)" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;
"flight plan" means specified information provided to ATSUs, relative to an intended flight or portion of a flight of an aircraft;
"flight visibility" means the visibility forward from the cockpit of an aircraft in flight;
"glider" means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain, fixed under given conditions of flight;
"ground visibility" means the visibility at an aerodrome, as reported by an accredited observer;
"heading (HDG)"means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid) to South;
"heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces;
"height (Hgt)" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;
"helicopter (Hel)" means a heavier-than air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis;
"instrument flight rules (IFR) flight" means a flight conducted in accordance with the IFR;
"instrument approach procedure (IAP)" means a series of pre-determined manoeuvres by reference to flight instruments, with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or enroute obstacle clearance criteria apply and is classified as follows-
(a) non-precision approach procedure (NPA) - an IAP which utilises lateral guidance but does not utilise vertical guidance;
(b) approach procedure with vertical guidance (APV) - an IAP which utilises lateral and vertical guidance but does not meet the requirements established for precision approach and landing operations;
(c) precision approach (PA) procedure - an IAP using precision lateral and vertical guidance with minima as determined by the category of operation;
"instrument meteorological conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;
"landing area" means that part of a movement area intended for the landing or take-off of aircraft;
"level" means a generic term relating to the vertical position of an aircraft inflight and meaning variously, height, altitude or flight level;
"manoeuvring area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;
"movement area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron;
"night" means the time between 30 minutes after sunset and 30 minutes before sunrise, sunrise and sunset being determined at surface level;
"overtaking aircraft" means an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, so that it is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft's left (port) or right (starboard) navigation lights;
"parascending parachute" means a parachute which is towed by cable in such a manner as to cause it to ascend;
"pilot-in-command (PIC)" means the pilot designated by the operator, or in the case of general aviation, the owner as being in command and charged with the safe conduct of a flight;
"pressure-altitude" means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere;
"prohibited area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited;
"radiotelephony (RTF)" means a form of radio communication primarily intended for the exchange of information in the form of speech;
"repetitive flight plan (RPL)" means a flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by ATSUs;
"reporting point (RP)" means a specified geographical location in relation to which the position of an aircraft can be reported;
"restricted area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions;
"runway (RWY)" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;
"runway-holding position" means a designated position intended to protect-
(a) a runway;
(b) an obstacle limitation surface; or
(c) an instrument landing system or microwave landing system critical area or sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower;
"safety-sensitive personnel" means persons who might endanger aviation safety if they perform their duties and functions improperly including, but not limited to, crew members, aircraft maintenance personnel and air traffic controllers;
"simulated instrument flight" means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft;
"signal area" means an area on an aerodrome used for the display of ground signals;
"special visual flight rules(SVFR)" means a controlled VFR traffic authorised by ATC to operate within the CTR under meteorological conditions below the visual meteorological conditions or at night;
"secondary surveillance radar (SSR)"means a surveillance radar system which uses interrogators and transponders;
"taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing;
"taxiway (TWY)" means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including-
(a) aircraft stand taxi lane - a portion of an apron designated as a taxi way and intended to provide access to aircraft stands only;
(b) apron taxiway - a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; or
(c) rapid exit taxiway (RET) - a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;
"total estimated elapsed time"-
(a) for IFR flights means the estimated time required from take-off to arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the destination aerodrome, to arrive over the destination aero-drome; and
(b) for VFR flights means the estimated time required from take-off to arrive over the destination aerodrome;
"track (tr)" means the projection on the earth's surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid) to South;
"transition altitude" means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;
"unmanned free balloon" means a non-power-driven, unmanned, lighter- than-air aircraft in free flight;
"visual flight rules (VFR) flight" means a flight conducted in accordance with the VFR;
"visibility (Viz)" for aeronautical purposes means the greater of-
(a) the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognised when observed against a bright background; or
(b) the greatest distance at which lights in the vicinity of 1000 candelas can be seen and identified against an unlit background; and
"visual meteorological conditions (VMC)" means meteorological conditions expressed in terms of visibility distance from cloud, and ceiling, equal to or better than specified minima.
