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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 185 : Enforcement

Subpart 4 : Suspension, Cancellation, Downgrade, Endorsements and Appeal

185.04.3 Appeal against refusal, cancellation, endorsement of medical certificate or declaration of unfitness

 

(1)

(a) An applicant for, or the holder of any class of medical certificate who feels aggrieved by—
(i) a decision by the designated body or institution to cancel his or her medical certificate;
(ii) a decision by a DAME, declaring him or her unfit or temporarily unfit;
(iii) any endorsement made by the designated body or institution on his or her medical certificate; or
(iv) any endorsement made by a DAME on his or her medical certificate,

may appeal against such decision or endorsement to the Director on the payment of the fees prescribed in Part 187.

(b) An appeal referred to in subregulation (1) must be lodged on the appropriate form within 60 days—
(i) after receipt of the reasons for the decision; or
(ii) after the applicant became aware of such decision or endorsement.

 

(2) An appeal lodged in terms of this regulation must be considered and decided by the Director assisted by at least two medical practitioners, one of whom must have experience in aviation medicine.

 

(3) An appeal lodged in terms of subregulation (2) must be considered and decided by the Director within 60 days of receipt thereof.

 

(4) After considering an appeal the Director may confirm the decision in respect of which the appeal was lodged or give such other decision as the Director may consider equitable.

 

(5) The Director must within 14 days furnish written reasons to the appellant for any decision taken in terms of subregulation (4).

 

(6) A person appealing in terms of subregulation (1) is entitled to legal representation.

 

(7) The Director may on good cause shown condone any non-compliance with the time period referred to in subregulation (1).

 

(8) An appeal lodged in terms of this section does not suspend the decision or endorsement in respect of which the appeal is lodged.