Part139.01.1(2) of the South African Civil Aviation Regulations (CARs) has been amended and spells a major shift for commercial aviation in South Africa. This amendment could have significant ramifications for light aircraft operators, specifically those engaged in game and bush lodge transfers.

The amended regulation stipulates that no aircraft (fixed or rotor wing) engaged in commercial flying may use an aerodrome or heliport unless it has been licensed. This marks a significant departure from the previous regulation, which allowed smaller aircraft, specifically those with a maximum certified mass below 5700 kg, to use an airfield without the necessity of it being licensed, if they were engaged in commercial flying. Ever popular aircraft such as the Cessna 208 Caravan and Pilatus PC-12, which were exempt under the previous weight restriction, will now need to comply with the amendment.  

The vast light aircraft transport market in the region, which has thrived under the previous weight restriction, will now face new operational challenges. The requirement for all facilities to be licensed, regardless of the aircraft’s weight, introduces additional compliance and operational costs that could stifle the growth and efficiency of commercial aviation.

The term “commercial air transport operation“, as defined in the Regulations, encompasses “an aircraft operation involving transportation of passengers, cargo, or mail for remuneration.” Notably, this definition does not impose any restrictions on the number of passengers and focusing solely on the remunerative nature of the service. This definition means that a wide range of aircraft operations, previously exempt under the weight restriction, will now be subject to the new licensing requirements.

The amendments to Part 139 were presented to the Civil Aviation Regulatory Committee in August 2024 and were approved for promulgation in October 2024. The amendment to Part 139 therefore came into operation when the amendment was published on 28 March 2025 in the Government Gazette.

Without access to specific statistics, it is reasonable to assume that a substantial number of aircraft currently insured under the previous weight restriction and operating commercially will be significantly affected by this amendment. The insurance industry, which provides coverage for these aircraft, will need to reassess the risks and potentially adjust premiums and coverage terms in response to the new regulatory landscape.

The amendment to regulation 139.01.1(2) in the CARs represents a pivotal shift in the regulatory framework governing commercial aviation. The requirement for all facilities to be licensed, irrespective of the aircraft’s weight, introduces new challenges for the industry. Stakeholders, including operators and insurers, must navigate these changes carefully to mitigate the potential burdens and ensure continued compliance.