ACT, No. 14 OF 2010

14of2010.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
CIVIL AVIATION ACT, No. 14 OF 2010
[Certified on 03rd November, 2010]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 04, 2010
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
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Civil Aviation Act, No. 14 of 2010 1
[Certified on 03rd November, 2010]
L.D. – O. 52/2000.
AN ACT TO MAKE PROVISION FOR THE REGULATION, CONTROL AND
MATTERS RELATED TO CIVIL AVIATION; TO GIVE EFFECT TO THE
CONVENTION ON INTERNATIONAL CIVIL AVIATION AND FOR
MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Civil Aviation Act, Short title and
No. 14 of 2010, and shall come into operation on such date date of
operation.
(hereinafter referred to as the “appointed date”) as the
Minister may appoint by Order published in the Gazette.
CHAPTER I
PRELIMINARY
2. The Articles of the Convention relating to safety, Convention to
regularity, efficiency and security of civil aviation as are govern civil
aviation activities
specified in the Schedule to this Act, shall govern all within
activities relating to civil aviation within the territory of Sri Lanka.
Sri Lanka.
3. (1) The provisions of this Act shall apply in respect Application of
of all activities relating to civil aviation within the territory the provisions of
this Act.
of Sri Lanka and in particular, in respect of the following:—
(a) aircraft registered in Sri Lanka and all aviation
personnel licensed under this Act, whether such
personnel are within or outside the territory of
Sri Lanka;
(b) aircraft other than those registered in Sri Lanka and
users of aeronautical services being provided within
the territory of Sri Lanka;
2—PL 005201–4,190 (09/2010)
2 Civil Aviation Act, No. 14 of 2010
(c) the regulation, administration and safety oversight
of activities relating to civil aviation carried out
within the territory of Sri Lanka;
(d) the provision of aeronautical services; and
(e) other matters relating to the safe and orderly
operation and development, including the
economic development of civil air navigation and
air transport.
(2) The provisions of this Act and any regulations and
rules made thereunder, shall not apply in respect of any
aircraft or Aerodrome exclusively used in the service of or
for the purposes of the Armed Forces.
(3) The application of the provisions of this Act in respect
of aircraft in the use of the Government of Sri Lanka shall be
to the extent as may be determined by the Minister, by Order
published in the Gazette.
(4) Notwithstanding the provisions of subsection (2) and
subsection (3) of this section, the provisions of this Act shall
apply in respect of aircraft operated by the Armed Forces
and aircraft in the use of the Government of Sri Lanka, where
such aircraft are engaged in the carriage of passengers or
cargo for hire or for reward.
Responsibilities 4. The Minister shall be responsible for the
of the Minister. development, regulation and control of civil aviation in
Sri Lanka and in the discharge of such responsibilities, the
Minister shall —
(a) make recommendations to the Cabinet of Ministers
in regard to the formulation of a National Aviation
Policy for Sri Lanka;
(b) periodically review and analyse the aforesaid
National Aviation Policy and where necessary
recommend to the Cabinet of Ministers, any
changes to such Policy;
Civil Aviation Act, No. 14 of 2010 3
(c) promulgate regulations for the implementation of
the provisions of this Act and for the fulfillment of
international obligations of Sri Lanka in respect of
the SARPS;
(d) assist and advise the Government to secure by
international agreement or otherwise, the rights for
Sri Lanka in international air traffic and to initiate
and direct negotiations thereon;
(e) establish, develop, maintain and provide
aeronautical services and other facilities and
services relating to civil aviation;
(f) initiate projects, technical researches, studies or
investigations which in the opinion of the Minister
will promote the development of civil aviation
activities in Sri Lanka;
(g) specify the charges, fees and costs to be paid with
respect to the grant of any certificate, licence, permit
or authorization or for the rendering of any services
under the provisions of this Act and the Civil
Aviation Authority of Sri Lanka Act;
(h) issue directions to the Authority as the Minister
may consider necessary to perform any function
relating to civil aviation for which no specific
provisions are made under this Act or the Civil
Aviation Authority of Sri Lanka Act, as the case
may be, or in any regulations or rules made under
those Acts ; and
(i) undertake any other activity or function in relation
to civil aviation as he may consider appropriate, in
concurrence with the Authority.
5. (1) The Minister may delegate all or any of his Minister to
powers, duties or functions under this Act to the Authority delegate his
powers under the
or to the Director General, who shall exercise, perform or
Act.
4 Civil Aviation Act, No. 14 of 2010
discharge such powers, duties or functions, subject to such
directions as may be issued by the Minister.
(2) The Minister may notwithstanding any delegation
under subsection (1), have the power to exercise, perform or
discharge any power, duty or functions delegated under that
subsection.
CHAPTER II
APPOINTMENT OF SERVICE PROVIDERS
Appointment of 6. (1) For the purpose of providing the aeronautical
Service services specified in section 31 of this Act, the Minister in
Providers.
consultation with the Authority may, subject to the
provisions of subsection (3), appoint by Order published in
the Gazette, any person or persons, to be a Service Provider
(hereinafter referred to as “Service Provider”) subject to such
terms and conditions as may be specified in such Order.
(2) The terms and conditions specified in the Order made
under subsection (1) may be amended from time to time by
a subsequent Order made in that behalf by the Minister in
consultation with the Authority. It shall be the duty of a
Service Provider whose terms and conditions are so amended
by such Order, to comply with the same.
(3) The following provisions shall apply in regard to
the appointment of Service Providers by the Minister under
subsection (1) :—
(a) the Statutory Service Provider shall be appointed
as the Service Provider for the purpose of providing
the aeronautical services specified in:—
(i) paragraph (a) of section 31 and for the
provision of aeronautical services specified
in paragraphs (c) and (d) of that section at any
International Aerodrome referred to in
paragraph (a) ; and
(ii) paragraphs (e), (f), (g) and (h) of section 31 ;
Civil Aviation Act, No. 14 of 2010 5
(b) where the Statutory Service Provider consents to
be appointed to provide in respect of any particular
Aerodrome the aeronautical services specified in
paragraph (b) of section 31, appoint such Statutory
Service Provider, as the Service Provider to provide
those aeronautical services and the aeronautical
services specified in paragraphs (c) and (d) of that
section, in respect of those Aerodromes;
(c) appoint any other Service Provider to provide in
respect of any particular Aerodrome the aeronautical
service specified in paragraph (b) of section 31,
other than those in respect of which the Statutory
Service Provider was appointed as the Service
Provider under paragraph (b);
(d) not more than one Service Provider shall be
appointed in respect of a particular Aerodrome, for
the provision of the aeronautical services specified
in paragraphs (c) and (d) of section 31; and
(e) appoint a Service Provider which is a public
corporation or a company in which the Government
holds a majority of shares, for providing the
aeronautical services specified in paragraphs (i),
(j), (k), (l) or (m) of section 31 at any Aerodrome
specified in paragraphs (a) and (b) of that section:
Provided that where a Service Provider
appointed under this paragraph does not consent
to provide the aeronautical services referred to
therein at any Aerodrome specified in paragraph
(a) or (b) of section 31, the Minister may appoint
any other Service Provider to provide the
aeronautical services referred to in this paragraph .
7. (1) A Service Provider being appointed to provide Requirement to
the aeronautical services specified in paragraphs (i), (j), (k), enter into service
agreements.
(l) and (m) of section 31 shall be required, before being so
appointed, to enter into a service agreement or agreements,
6 Civil Aviation Act, No. 14 of 2010
as the case be, with the Service Provider appointed to provide
the aeronautical service specified in paragraph (a) or
paragraph (b), as the case may be, of section 31.
(2) Where a Service Provider or Service Providers, other
than the Statutory Service Provider is appointed to provide
the aeronautical services specified in paragraph (b), of
section of 31, such Sevice Provider or Service Providers
shall be required to enter into a service agreement or
agreements, as the case may be, with the Statutory Service
Provider who is appointed to provide the aeronautical
services specified in paragraphs (e), (f), (g) and (h), where the
nature and scope of the services provided by such Service
Provider or Service Providers as the case may be, has any
direct safety or security impact on the aeronautical service
to be provided by the Statutory Service Provider.
(3) Prior to the appointment of any Service Provider
under section 6 of this Act, the Minister shall decide as to
whether the contents of the applicable service agreement or
agreements referred to in subsections (1) and (2) of this
section, provide for adequate sharing of information, proper
co-ordination of all activities in providing aeronautical
services by the parties to the agreement and the use of
properties, facilities or services in each others possession or
control, so as to ensure a safe, efficient, regular and smooth
operation of aeronautical services within Sri Lanka.
Providing 8. (1) The Authority may by Order published in the
properties to Gazette and subject to such terms and conditions as may be
Service
Providers. specified in such Order, make available where necessary, to
any Service Provider appointed under section 6, any
immovable property or Aerodromes, including such
immovable properties and the Aerodromes transferred to and
vested in the Authority, for the purpose of enabling the Service
Provider to discharge its functions in the provision of such
aeronautical services in respect of which that Service Provider
has been issued with a licence under this Chapter of this Act.
Civil Aviation Act, No. 14 of 2010 7
(2) It shall be the duty of a Service Provider to whom any
property or Aerodromes are made available under subsection
(1), to comply with the terms and conditions stipulated in
the Order and hold and maintain such immovable property
or Aerodromes in good condition.
(3) A Service provider to whom any immovable property
or Aerodromes are made available under subsection (1),
shall not :—
(a) effect any alteration in such property or Aerodrome
or put up any new constructions in such property; or
(b) grant a lease of any such property or Aerodrome to
anyone,
without the prior written approval of the Authority.
9. No person or body of persons shall be appointed as a Prohibition
Service Provider or be entitled to be issued with a licence to against
appointment of
provide aeronautical services under the provisions of this
certain persons
Act, where such person or body of persons poses or is likely as Service
to pose a threat to the public security of Sri Lanka or to Providers etc.
international civil aviation.
10. The provision of aeronautical services shall be in Licences
terms of a licence issued in that behalf by the Authority or required for
providing
the Director General, as the case may be, and a Service
aeronautical
Provider appointed under section 6 shall be eligible to apply services.
for such a licence. Separate licences shall be issued in respect
of each of the categories of aeronautical services specified
in section 31.
11. (1) In terms of the provisions of section 10 of this Issue of licence
Act, a Service Provider may be issued with a licence for for providing
aeronautical
providing aeronautical services in respect of each category
services.
of services as are specified in —
(a) paragraphs (i), (j), (k), (l) and (m) of section 31, by
the Authority ; and
(b) paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) of
section 31, by the Director General.
8 Civil Aviation Act, No. 14 of 2010
(2) The requirements to be fulfilled for the grant of a
licence under subsection (1), the procedure for making an
application, the terms and conditions to be attached to a
licence, information to be furnished by applicants and fees
or any other charges to be paid for the issue of a licence,
shall be as prescribed.
(3) The requirements to be prescribed under subsection
(2) for the issue of a licence to provide aeronautical services
may vary, depending on the scope, the nature or the place
where the particular aeronautical service is being provided.
(4) All licences issued under subsection (1) by the
Authority or the Director General, as the case may be, shall
be valid until or unless suspended or revoked under section
26. An annual licence fee as may be prescribed shall be
imposed on all persons to whom a licence is issued under
subsection (1).
Service 12. (1) Notwithstanding the provisions of section 7 of
Providers to this Act, the Authority may require a Service Provider to
enter into service
agreements with whom a licence to provide any aeronautical service is issued
any holder of a under section 11, to enter into a service agreement with a
licence or person to whom a permit or any licence, other than a licence
permit. to provide any aeronautical service, is issued by the Authority
under this Act, where the Authority is of the view that the
aeronautical services being provided by such Service
Provider under the licence issued to it, is an aeronautical
service which is necessarily required by the person to whom
the licence or permit has been issued, in order to carry out
the activities for which such licence or permit was issued to
such person.
(2) It shall be the duty of each Service Provider to furnish
the Authority with a copy of every service agreement entered
into under subsection (1) of this section. The Authority shall
keep such copy or copies of all service agreements furnished
to it in its custody. The Minister may at any time request
that he be furnished with a copy and it shall be the function
of the Authority to make the same available to the Minister.
Civil Aviation Act, No. 14 of 2010 9
13. (1) The Authority shall classify Aerodromes in Classification of
accordance with such regulations as shall be prescribed for Aerodromes.
that purpose. The regulations to be made by the Minister for
such purpose, shall be based on design, operating conditions,
aeronautical services provided and the scope of the use and
purpose of Aerodromes.
(2) The Authority shall cause to be published in the
Aeronautical Information Publication of Sri Lanka,
particulars of any Aerodromes classified as an International
Aerodrome under subsection (1) and all other Aerodromes
available within the territory of Sri Lanka.
14. (1) Any person who seeks to establish or any licence Establishment of
holder who seeks to expand an Aerodrome, shall prepare in Aerodromes.
accordance with such requirements as shall be prescribed by
the Minister, a Master Plan which shall identify and provide
for :—
(a) the development of physical facilities of the
Aerodrome, both aviation and non-aviation;
(b) the development of land use for areas surrounding
an Aerodrome;
(c) the assessment of the effect the construction and
operation of the Aerodrome will have on the
environment;
(d) access requirements of the Aerodrome; and
(e) security aspects of the Aerodrome and the cost and
financial outlay of the project.
(2) The establishment or expansion, as the case may be,
of an Aerodrome, shall not commence until the Master Plan
in respect of the same has been approved by the Authority.
The Authority shall before it approves a Master Plan, consult
any other statutory authority where it considers such
10 Civil Aviation Act, No. 14 of 2010
consultation appropriate or necessary and whose views and
observations on the proposed establishment or expansion
and its effect on environment and any other factor, needs to
be considered before such Master Plan is approved.
(3) An approval granted under subsection (2), shall be
subject to such terms and conditions and to the payment of
a fee as determined by the Authority. The Authority shall
cause a Notice relating to any approval granted, to be
published in the Gazette.
(4) A copy of the approved Master Plan, other than the
information referred to in paragraph (e) of subsection (1),
shall be kept in the office of the Authority and be made
available to the public for inspection, on payment of a fee as
may be determined by the Authority.
(5) The Authority may from time to time where it considers
necessary or on the request of the person to whom approval
was granted under subsection (2), require a Master Plan to
be reviewed or evaluated and appropriate modifications or
adjustments made thereto, to address any changes that may
have taken place since the approval of such Master Plan.
Master Plan once 15. Notwithstanding anything to the contrary contained
approved need
no further in any other written law, a Master Plan once approved
approval. under section 14 of this Act, shall not be subject to or be
required to be further approved or accepted under any other
written law.
Issue of licences 16. (1) Subject to the provisions of section 13, on and
for Aerodromes.
after the appointed date, no Aerodrome other than the
Aerodromes used exclusively by the Sri Lanka Air Force,
whether owned by the Government or privately owned, shall
be maintained, operated or improved, except in conformity
with a licence issued under subsection (1) of section 11 by
the Director General and subject to the terms and conditions
of such licence.
Civil Aviation Act, No. 14 of 2010 11
(2) For the purpose of issuing a licence referred to in
subsection (1), the operation of an Aerodrome shall include
those activities that secure:—
(a) the take-off and landing of an aircraft and the related
movements of the aircraft on ground;
(b) the protection and care for the aircraft; and
(c) maintenance and improvement of the Aerodrome.
(3) An application for the issue of a licence under
subsection (1) shall be made to the Director General, along
with the prescribed application fee.
(4) The criteria for licensing of Aerodromes shall be based
on the classification of Aerodromes by the Authority under
subsection (1) of section 13.
17. (1) The Authority shall formulate a National Civil National Civil
Aviation
Aviation Security Programme, in accordance with the
Security
relevant SARPS. Programme.
(2) It shall be the duty of a Service Provider to whom a
licence is issued by the Director General for the provision
and maintenance of an Aviation Security Service, to establish
in accordance with the National Civil Aviation Security
Programme formulated by the Authority under subsection
(1), a programme specifying the human and other resources
that shall be used and the procedures that shall be followed
by such Service Provider, for each of the following
purposes:—
(a) preventing, detecting, deterring and responding to
an unlawful interference with aviation at the
Aerodrome or at any other place or location where
aeronautical services are being provided;
(b) responding to an unlawful interference with
aviation against an aircraft or an aircraft in flight ;
12 Civil Aviation Act, No. 14 of 2010
(c) responding to a threat of an unlawful interference
with aviation against an aircraft or an aircraft in
flight ;
(d) preventing unauthorized people from having access
to an aircraft, areas of the Aerodrome or to any other
area where any aeronautical services are being
provided ; and
(e) reporting the occurrence or threat of occurrence of
any unlawful interference with the performance of
the duties of the Service Provider to whom such an
Aerodrome licence has been issued.
Duties of Service 18. (1) A Service Provider who is providing and
Provider maintaining an Aviation Security Service within the limits
providing an
of an Aerodrome or at any other place or location where
Aviation
Security Service. aeronautical services are being provided, shall be required
to provide such services in conformity with the national
security policy of the State, and shall:—
(a) protect and safeguard the property of the
Government of Sri Lanka and of the other users of
such Aerodrome, the safety of persons who enter or
use the Aerodrome and of the aircraft and other
equipments which are within the limits of the
Aerodrome ;
(b) prevent the breach of any law and the occurrence of
any nuisance within the Aerodrome and at any other
place or location where aeronautical services are
being provided;
(c) apprehend any disorderly or suspicious person
within the Aerodrome or at any other place or
location where aeronautical services are being
provided ; and
(d) comply with any directions given to such Service
Provider by the Authority or the Director General,
as the case may be, in relation to safety and security
of the Aerodrome or any place or location where
aeronautical services are being provided, its users
and property within, including an aircraft.
Civil Aviation Act, No. 14 of 2010 13
(2) In the performance of the duties referred to in
subsection (1), it shall be lawful for any employee of such
Service Provider, to detain any person:—
(a) who commits or is committing an offence under
this Act, the Offences Against Aircraft Act, No. 24
of 1982 or the Suppression of Unlawful Acts of
Violence at Airports Serving International Civil
Aviation Act, No. 31 of 1996 ;
(b) against whom a reasonable suspicion exists that he
is about to commit an offence under this Act, the
Offences Against Aircraft Act, No. 24 of 1982 or
the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation Act,
No. 31 of 1996 ;
(c) against whom a reasonable suspicion exists that he
had aided and abetted the commission of any
offence under this Act, the Offences Against Aircraft
Act, No. 24 of 1982 or the Suppression of Unlawful
Acts of Violence at Airports Serving International
Civil Aviation Act, No. 31 of 1996 ;
(d) having in his custody or possession without a valid
excuse, any offensive or dangerous weapon or
goods, reasonably suspected to be property stolen
or fraudulently obtained within an Aerodrome or
within any other place or location where
aeronautical services are being provided;
(e) who is committing an offence within the
Aerodrome or any place or location where any
aeronautical services are being provided, being an
offence in respect of which a person may be arrested
without a warrant, under section 32 of the Code of
Criminal Procedure Act, No. 15 of 1979 ;
(f) who is committing theft of or damage to any
property within an Aerodrome;
14 Civil Aviation Act, No. 14 of 2010
(g) who is found within an Aerodrome or at any place
or location where aeronautical services are being
provided, in circumstances which provide reason
to believe that such person has committed or is
about to commit theft of or damage to, any property
belonging to or in the possession of the Government
of Sri Lanka or within the Aerodrome or the place
or location where aeronautical services are being
provided ;
(h) found taking precautions to conceal his presence
under circumstances which afford reason to believe
that he is taking such precaution with a view to
committing a cognizable offence within the
meaning of the Code of Criminal Procedure Act,
No. 15 of 1979 or an offence under this Act, the
Offences Against Aircraft Act, No. 24 of 1982 or
the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation Act,
No. 31 of 1996 ; or
(i) at the request of the Pilot-in-Command, where such
person was found to have committed an offence
while the aircraft was in flight.
(3) Any person detained under subsection (2) shall unless
released, be forthwith handed over to a police officer to be
dealt with according to law.
Power to search. 19. It shall be lawful for an employee of the Service
Provider providing and maintaining an Aviation Security
Service to search any person, including his belongings or
any conveyance used by such person within the premises of
the Aerodrome or at any other place or location where
aeronautical services are being provided, where there is
reason to believe that such person has committed or is about
to commit a cognizable offence within the meaning of the
Code of Criminal Procedure Act, No. 15 of 1979, or any
offence under this Act, the Offences Against Aircraft Act,
Civil Aviation Act, No. 14 of 2010 15
No. 24 of 1982 or the Suppression of Unlawful Acts of
Violence at Airports Serving International Civil Aviation
Act, No. 31 of 1996:
Provided however that, where it is necessary to cause a
woman to be searched, such search shall be carried out by
another woman, with strict regard to decency.
20. In all cases of fire or any other calamity occurring Action in case of
within an Aerodrome or at any other place or location where fire or any other
calamity.
aeronautical services are being provided, it shall be the duty
of every employee of the Service Provider providing and
maintaining an Aviation Security Service who is on duty
within such Aerodrome or the location or place where the
aeronautical services are being provided, to take all such
necessary steps to protect the persons and property
endangered thereby.
21. (1) A Service Provider providing and maintaining Cadre and
an Aviation Security Service shall be required to obtain a firearms to be
used by the
permit from the Director General pertaining to the number
Service Provider
of employees to be employed by such Service Provider and to be approved
the nature, type and quantity of firearms and ammunition to by the Director
be used in the provision of such service. General.
(2) The Director General shall, prior to the issue of a permit
under subsection (1), obtain the approval for the same from
the Secretary to the Ministry of the Minister in charge of the
subject of Defence and a permit so issued shall be subject to
any requirements pertaining to the safety of civil aviaton
activities, that are imposed by the Director General.
22. No suit or prosecution shall lie against a Service Protection for
Provider providing and maintaining an Aviation Security action taken in
Service or any employee of such Service Provider, the good faith under
this Chapter of
Director General, the Authority or the Government of this Act.
Sri Lanka, in respect of any act which is in good faith done,
or purported to be done or omitted to be done, by such
Service Provider or employee of such Service Provider under
this Act or for the purpose of ensuring the safety or security
of persons or property within or outside an Aerodrome.
16 Civil Aviation Act, No. 14 of 2010
Declaration of 23. (1) The Minister may by Order published in the
Protected Areas. Gazette, declare any land which is adjacent or contiguous
to:—
(a) an Aerodrome, whether such Aerodrome is
maintained for purposes of civil aviation or is
maintained on a joint user basis ;
(b) any location where equipment for the provision of
aeronautical aids are installed ; or
(c) any area in respect of which a Master Plan for the
establishment of an Aerodrome has been approved
under section 14,
to be a protected area (in this Act referred to as the “Protected
Area”) for the purposes of this Act.
(2) An Order under subsection (1) may define the area of
land by setting out the extent, the assessment number or the
metes and bounds of the land or each of the lands which
comprises of such area of land.
(3) The Director General shall issue in respect of any
Service Provider to whom a licence has been issued to provide
aeronautical aids, instructions, directions or procedures
relating to the use of land in a Protected Area, the creation of
Protected Zones within that area to safeguard safe take-off
and landing of aircraft, safety in the airspace for take-off
and approach, the environmental protection and the
protection of civil aviation activities against electronic or
other interference from sources outside the Aerodrome.
(4) The Director-General shall issue instructions,
directives and procedures setting out the requirements to be
complied with in regard to the construction of any buildings
or other structures or the making of alterations to any existing
buildings or other structures within the Protected Area and
in respect of distinct lighting and markings in the
neighbourhood of an Aerodrome or air route.
Civil Aviation Act, No. 14 of 2010 17
(5) Notwithstanding the provisions of any other written
law to the contrary, no person or authority shall issue
permission for the construction of any building or other
structures or for carrying alterations to any existing building
or structure within a Protected Area, except under the
authority of a permit issued by the Director General and
where any building is constructed or any alteration is carried
out without obtaining such a permit, the Authority shall
have the power to have such building or alteration, as the
case may be, demolished at the cost of the owner.
24. (1) Where any land in any Protected Area other than Acquisition of
State land, is required by the Authority for any purpose under land in any
Protected Area.
this Act and the Minister approves the proposed acquisition,
the land proposed to be acquired shall for the purpose of the
application of the Land Acquisition Act, be deemed to be
required for a public purpose and may be acquired under
that Act and transferred to the Authority
(2) Any sum payable for the acquisition of land for the
Authority under the Land Acquisition Act shall be paid out
of the Fund.
25. It shall be lawful for a Service Provider who is issued Issuing
with a licence or permit under this Chapter of this Act, to instructions by
licence holders.
give such instructions, consistent with the provisions of this
Act and subject to any directives that may be issued in that
behalf by the Minister or the Director General, as the case
may be, to all users of the aeronautical service provided by
that Service Provider under such licence. It shall be the duty
of all persons who use such aeronautical service, to comply
with such instructions.
26. (1) A licence issued to a Service Provider under this Suspension and
Chapter of this Act may, with the concurrence of the Minister, revocation of
licences.
be suspended or revoked by the Authority or the Director
General, as the case may be, who issued such licence, on the
ground of:—
(a) non-compliance or refusal to comply with:—
(i) the terms and conditions of the licence;
18 Civil Aviation Act, No. 14 of 2010
(ii) any provisions of this Act or any regulations
or rules made thereunder; or
(iii) any instructions or directives issued by the
Minister, the Authority or the Director
General, as the case may be;
(b) non-payment of any fees or charges required to be
paid; or
(c) such other reasons as determined by the Authority
or the Director General, as the case may be, that
would affect the smooth operation of the service
provided under the licence or the safety of such
operation.
(2) A suspension under subsection (1) shall not be for a
period of more than three months.
(3) A Service Provider whose licence is suspended or
revoked under subsection (1), may appeal against such
suspension or revocation, to the Secretary to the Ministry of
the Minister, whose decision on such appeal shall be final
and conclusive and shall not be appealed against in any
court or tribunal.
Providing 27. (1) Where a licence for the provision of any
aeronautical
aeronautical services issued to a Service Provider is
services during a
suspension of a suspended, it shall be duty of the Authority during the
licence. period of such suspension, to ensure:—
(a) the continuity of the provision of the aeronautical
services that were being provided by such Service
Provider; and
(b) the continuity of any contractual obligations or
rights arising from any agreements that may have
been entered into by such Service Provider since
the issue of the licence that has being suspended.
Civil Aviation Act, No. 14 of 2010 19
(2) In providing aeronautical services by the Authority
during the period referred to in subsection (1), the Authority
may, without prejudice and notwithstanding anything to
the contrary contained in a contract of employment relating
to the rights and duties of any employee of the Service
Provider whose licence has been suspended, obtain the
services of any such employee and where necessary, the
services of any other Service Provider.
(3) Any payment or charge required to be made for
obtaining the services referred to in subsection (2) shall
be paid by the Authority out of its Fund.
28. (1) Where an aeronautical licence issued to any Providing
Service Provider is revoked under section 26, the Authority aeronautical
services etc. on
shall forthwith inform all other Service Providers of such the revocation
revocation and it shall be the duty of every person who has of a licence.
entered into any agreements or contracts with such Service
Provider, to provide the Authority with details of all such
agreements and the obligations that remain to be fulfilled
under any such agreement by such Service Provider, at the
time of the revocation of the licence.
(2) Where a licence for the provision of any aeronautical
service issued to a Service Provider is revoked and the
Authority is of the opinion that in the national interest and
also in the interest of the aviation industry in Sri Lanka, a
licence should be issued to another Service Provider to
provide those aeronautical services, it shall be the
responsibility of the Authority to:—
(a) ensure the continuity of the provision of such
aeronautical service or services that were being
provided by the Service Provider whose licence is
being revoked, until a new licence is issued for
that purpose to another Service Provider;
(b) make available to any other Service Provider or
Service Providers, as the case may be, to whom a
20 Civil Aviation Act, No. 14 of 2010
new licence or licences may be issued, all the
property that was made available to the Service
Provider whose licence was revoked, to enable such
other Service Provider or Service Providers, as the
case may be, to provide the aeronautical service
or services under the new licence or licences so
issued; and
(c) ensure that the Service Provider or Providers to
whom a new licence or licences are issued, fulfill
all contractual obligations or rights arising from
any agreements that may have been entered into by
the Service Provider whose licence was revoked,
where in the opinion of the Authority, the interest
of the aviation industry warrants the fulfillment of
those obligations.
Effect on 29. During the period of suspension of a licence issued
property to a Service Provider, such Service Provider shall not have
transferred on
access to any property that may have been made available
asuspension or
cancellation of a to such Service Provider under section 8 of this Act, and
licence. where a licence is revoked, all property that has been made
available to such Service Provider under that section, shall
be vested with the Authority and the Authority may make
that property available to any other Service Provider or
Service Providers, as the case may be, to whom a licence was
issued for the provision of such aeronautical service, under
section 28.
Authority to 30. Nothing contained in the preceding provisions of
have power to this Chapter of this Act shall preclude the Authority, with
provide
aeronautical the approval of the Minister, from providing on its own, any
services. category of aeronautical services specified in section 31,
where it considers it expedient or necessary to do so:
Provided however, where such aeronautical service is a
service in respect of which the Director General is required
to issue a licence under this Chapter of this Act, the Authority
shall provide such service only with the concurrence of the
Director General.
Civil Aviation Act, No. 14 of 2010 21
31. For the purposes of this Act “aeronautical services” Definition of
means:— “aeronautical
services”.
(a) the development, operation and maintenance of
Aerodromes classified as an International
Aerodrome, under subsection (1) of section 13;
(b) the development, operation and maintenance of
Aerodromes other than those referred to in
paragraph (a) and the provision of Aerodrome
facilities at such Aerodromes;
(c) the provision and maintenance of search, rescue
and fire fighting services at Aerodromes;
(d) the provision and maintenance of an Aviation
Security Service;
(e) the provision of Air Traffic Services ;
(f) the provision of Aeronautical Information Services;
(g) the provision of Aeronautical Communication
Services;
(h) the provision of aeronautical aids for
communication, navigation or surveillance;
(i) the provision of services relating to the supply of
aviation fuel and lubricant to aircraft;
(j) the provision of assistance or equipment for
dispatch of aircraft on the apron, including aircraft
cleaning services;
(k) the provision of ground handling facilities or
services to aircraft;
(l) the provision of catering services to aircraft; and
(m) the supply of any other service to an aircraft, other
than the services specified above.
22 Civil Aviation Act, No. 14 of 2010
CHAPTER III
REGULATION OF CIVIL AVIATION
Entry by foreign 32. (1) No foreign military or state aircraft may enter
Military or State
the territory of Sri Lanka, without a special permission or
aircraft.
authorization for the same being obtained from the Secretary
to the Ministry of the Minister in charge of the subject of
Defence.
(2) No foreign civil aircraft may enter the territory of
Sri Lanka without a special permission or authorization from
the Director General.
Coordination of 33. For purpose of fulfilling the international
operations in obligations of Sri Lanka regarding the safety, security of
consultation
civil aircraft and interception procedures, the Minister shall
with Minister of
Defence. co-ordinate the operation of state and military aircraft, in
consultation with the Minister in charge of the subject of
Defence.
Special powers 34. (1) In time of an armed conflict whether actual or
in case of imminent or in the case of any national emergency, notice
emergency.
of which has been given in conformity with the requirements
specified in the Convention, the Minister in charge of the
subject of Defence may by general or special order, regulate
or prohibit, either absolutely or subject to such conditions
as may be specified in the Order, the navigation of all or any
descriptions of aircraft in or over the territory of Sri Lanka or
any portion thereof, and may thereafter in consultation with
the Minister, by any subsequent Order, authorize only for
such purpose, the armed forces to take possession of and use
any Aerodrome, landing ground, aircraft, aircraft
manufacturing or maintenance facility together with all
machinery, plant, material or things found therein or thereon,
and for regulating or prohibiting the use, erection, building,
maintenance or establishment of any aerodrome, flying
school or landing ground.
(2) Any person, who suffers direct loss owing to the
operation of an Order made under subsection (1), shall be
Civil Aviation Act, No. 14 of 2010 23
entitled to receive compensation from the Minister in charge
of the subject of Defence from such moneys as may be
provided by Parliament for the purpose. The amount of
compensation to be paid shall in default of agreement
between the parties interested, be fixed by an arbitrator to be
agreed upon between such parties :
Provided however, that no compensation shall be payable
by reason of the operation of a general Order under this
section prohibiting flying over the territory of Sri Lanka or
any part thereof.
35. No person whose performance of duty required of Restrictions on
him as an aviation personnel has an effect on the safety of aviation
personnel.
civil aircraft operations in the State, shall perform such duty
while under the influence of any psychoactive substance by
reason of which human performance is impaired or use any
other substance which might jeopardize the safe performance
of his duties.
36. The Director-General or any person duly authorized Inspection of
aircraft.
by the Director-General, shall have unrestricted access to
any aircraft whilst it is in Sri Lanka, for the purpose of
ensuring that such aircraft is airworthy, that it carries the
required documentation and is being operated in accordance
with the provisions of this Act, or any regulation, rules or
implementing standards issued thereunder.
37. The Director General or any person duly authorized Director General
to prevent a
by the Director General, shall have the power to direct the
flight.
operator or the crew of an aircraft not to operate the aircraft,
in situations where he has sufficient reasons to believe that:—
(a) the aircraft is not airworthy;
(b) the crew is not qualified or is physically or mentally
in capable of operating the flight;
(c) the operation would cause imminent danger to
persons or property; or
24 Civil Aviation Act, No. 14 of 2010
(d) the aircraft does not have an approved dispatch
procedure or is not dispatched in accordance with
approved dispatch procedures,
and shall in such a situation, take all such steps as are
necessary, to detain the aircraft or crew.
Actions to be 38. (1) Where the Director General believes on
taken to prevent reasonable grounds that the operation of any particular
a threat or
aircraft or all aircraft belonging to that class, or the use of
danger to person
or property. any particular aircraft component or any component of
that class or any Aerodromes or the provision of any
aeronautical service, may endanger any person or property
of any person and that prompt action should be taken to
prevent or avert such threat or danger, the Director General
may, notwithstanding anything to the contrary contained in
any licence or permit or certificate issued under this Act:—
(a) suspend, prohibit or impose conditions on the
operation of any specified aircraft or aircraft
belonging to that class or of such Aerodrome or the
provision of such aeronautical service;
(b) suspend, prohibit or impose conditions on the use
of any specified aircraft component or any
components of that class ; or
(c) detain the aircraft or seize the aircraft component
in order to prevent their operation or use.
(2) Any detention or seizure under paragraph (c) of
subsection (1) shall forthwith be notified to the owner or
operator of the aircraft or component or to the Service
Provider, as the case may be.
CHAPTER IV
REGISTRATION AND MARKING OF AIRCRAFT
Aircraft not to 39. An aircraft shall not fly in or over the territory of
fly unless
registered. Sri Lanka, unless it is registered:—
(a) in Sri Lanka ;
Civil Aviation Act, No. 14 of 2010 25
(b) in a State Party to the Convention; or
(c) in a country with which the Government of Sri Lanka
has in force an agreement which provides for the
flight in or over the territory of Sri Lanka, of aircraft
registered in that country.
40. Notwithstanding the provisions of section 39, an Experiment or
aircraft not registered as required by that section may be test flights.
permitted to fly in or over the territory of Sri Lanka under
the authority of a permit issued by the Director General.
Such a permit may be issued for the purpose of or in
connection with enabling an aircraft to be used for any
experimental or test purpose or for any other purpose which
appears to the Director General as being sufficient to permit
such aircraft to fly unregistered, provided that in any such
case, the aircraft shall be flown in accordance with such
conditions or limitations as may be specified in the permit
issued by the Director General.
41. (1) Any aircraft which is not currently registered Registration of
aircrafts.
and entered in an Aircraft Register of any other State shall
be eligible for registration in Sri Lanka, where:—
(a) it is owned by a citizen of Sri Lanka or a body
corporate or a body incorporated by any law of
Sri Lanka, having its principal place of business in
Sri Lanka;
(b) in the case of a State aircraft, the aircraft is fully
owned by the Government of Sri Lanka or any
public corporation; or
(c) in the case of a leased aircraft, if it is exclusively
operated by an operator having its principal place
of business in Sri Lanka and who has a current and
appropriate Air Operator Certificate issued by the
Director-General.
(2) Where subsequent to it being registered the ownership
of an aircraft registered in Sri Lanka changes, it shall be the
26 Civil Aviation Act, No. 14 of 2010
duty of the holder of the Certificate of Registration issued
under section 42, to forthwith inform the Director General of
such change, and surrender the Certificate of Registration to
the Director General.
Application for 42. (1) An owner or operator of an aircraft eligible to be
and issue of a registered under section 41, may make an application in the
Certificate of
Registration. prescribed form to the Director-General, for registration in
Sri Lanka of such aircraft and the Director-General may,
where he is satisfied on the information contained in the
application, that the aircraft complies with all such
requirements as may be prescribed for that purpose, register
the aircraft.
(2) Where an aircraft is registered in Sri Lanka, the
Director General shall on payment of the prescribed fee,
issue in respect of such aircraft a Certificate of Registration
and assign a mark to enable the identification of the
nationality and a Registration Mark unique to such aircraft.
(3) A Certificate issued under subsection (2) shall
generally be valid for a period not exceeding one year,
provided that the Director General may at his discretion,
issue a Certificate valid for a period more than one year.
(4) Notwithstanding the provisions of subsection (2) of
this section, the Director General may as an interim measure,
issue a Provisional Certificate of Registration in respect of
any aircraft, if such aircraft:—
(a) is to be brought into Sri Lanka for the purpose of
registration; or
(b) is to be used for experimental or test purposes; or
(c) is to be brought into Sri Lanka or is to be used for
any purpose as shall be determined by the Director
General.
Civil Aviation Act, No. 14 of 2010 27
43. (1) The Director-General shall keep and maintain a Civil Aircraft
register called and known as the “Civil Aircraft Register of Register of Sri
Lanka.
Sri Lanka” in which particulars relating to all aircraft
registered in Sri Lanka and any other information as may be
prescribed, shall be entered.
(2) The Civil Aircraft Register of Sri Lanka shall be made
available to the public for inspection, on the payment to the
Authority of a prescribed fee.
(3) Information contained in the Civil Aircraft Register
of Sri Lanka pertaining to any aircraft registered in Sri Lanka,
shall be prima facie evidence of the ownership of such
aircraft , and an extract from such Register duly certified by
the Director General as a true extract, shall be acted upon as
prima facie evidence of the contents contained therein.
44. (1) A Certificate of Registration issued under section Cancellation of
42, may be cancelled by the Director General on any one or Certificate of
Registration.
more of the following grounds:—
(a) failure to inform the Director General of a change
in the ownership of an aircraft, after its registration;
(b) destruction of the registered aircraft or any
destruction being caused to the hull of such aircraft;
or
(c) the Director General has sufficient evidence to
believe that the registration was obtained
fraudulently or by submitting false or incorrect
information.
(2) Where a registration is cancelled on any ground
specified in subsection (1), the Director-General shall cause
all information pertaining to such cancellation to be recorded
in the Civil Aircraft Register of Sri Lanka and the holder of
such Certificate of Registration shall be required forthwith
to surrender such Certificate to the Director General.
28 Civil Aviation Act, No. 14 of 2010
Renewal of 45. A holder of a Certificate of Registration may,
Certificate of
not less than one month prior to the expiry of such
Registration.
Certificate, apply to the Director General for a renewal of
the Certificate in such form as shall be prescribed and the
Director General may, on the payment of the prescribed
renewal fee, renew the Certificate for a further period of one
year or such lesser period as may be determined by the
Director General.
Display of 46. Unless otherwise authorised by the Director-General
nationality and in writing, each aircraft shall carry and display in the
Registration
Mark. prescribed manner, its nationality and Registration Mark.
Use of Sate 47. (1) An aircraft registered in Sri Lanka shall not
Marks and Civil
bear on any part of its exterior surface any advertisement or
Air Ensign.
any sign or lettering, except those permitted under the
provisions of this Act or as required or permitted by the
Director General.
(2) The name and emblem of the operator of the aircraft
and the National Flag of Sri Lanka may be displayed on any
aircraft registered in Sri Lanka, (if its location, size, shape
and colour does not interfere with the easy recognition of
and are not capable of confusion with, the nationality and
Registration Marks of the aircraft) in such manner that they
are distinct and are not likely to create confusion with the
markings used by any Military aircraft or State aircraft, as
the case may be.
(3) The Civil Air Ensign of Sri Lanka shall not be flown,
painted or otherwise displayed on any aircraft, except with
the approval of and subject to such conditions as are
specified by the Director General in writing.
(4) An aircraft shall not without the prior written approval
of the Director General, be parked, moved or housed at any
place other than its principal place of station as indicated in
the Certificate of Registration.
Civil Aviation Act, No. 14 of 2010 29
CHAPTER V
AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT
48. (1) No person or body of persons shall import, Prohibition on
design, manufacture, assemble, modify, repair, overhaul, manufacture,
assemble &c., of
or maintain or attempt to import, design, manufacture,
aircraft without a
assemble, modify, repair, overhaul or maintain any aircraft permit.
or aircraft engines, propellers, appliances and components,
except under the authority of a permit issued by the Director
General which may be obtained on application made in that
behalf in the prescribed form to the Director General and on
the payment of a prescribed fee.
(2) The Director General shall, on being satisfied as to
the requirements, adequacy and suitability of the equipment,
facilities and material proposed to be used for the type,
design, manufacture, assemble, modification, repair,
overhaul and maintenance and the competency of those
engaged in the work giving instructions therein, issue a
permit to an applicant to import, design, manufacture,
assemble, modify, repair, overhaul and attend to the
maintenance of any aircraft, aircraft engines, propellers,
appliances or components.
(3) A permit issued under subsection (2) shall be subject
to such conditions as may be specified by the Director
General. It shall be duty of the person or body of persons as
the case may be, to whom such permit is issued, to comply
with such conditions.
49. (1) Any person or body of persons who acts in Effect of
violation of the requirements of section 48 shall be guilty violating the
provisions of
of an offence under this Act. section 48.
(2) Where the Director General has reasonable cause to
believe that an offence under this section is being
committed, he or any other officer authorized in writing in
that behalf, may enter the premises where the offence is
30 Civil Aviation Act, No. 14 of 2010
believed to have been committed and seize and take into
custody any aircraft, part of any aircraft or any design, as the
case may be, together with all tools and equipment being
used for the commission of such offence.
(3) Anything seized under subsection (2) shall be kept in
the custody of the Director General and upon conviction of
the accused of the offence, the Court shall make an appropriate
order for their forfeiture or destruction in such manner as the
court shall direct.
(4) In the event of the accused being acquitted of the
offence, the court shall order the immediate release of
anything seized under subsection (2), and the Director
General shall be exempt from liability for any damage caused
to anything so seized while it was in his custody, unless it is
proved that such damage was caused due to his negligence.
(5) The Director General or any officer authorized in
writing in that behalf by the Director General under
subsection (2), shall for the purposes of this section, be
deemed to be “peace officers” within the meaning and for
the purposes of the Code of Criminal Procedure Act, No. 15
of 1979.
Prohibition 50. No aircraft shall fly or attempt to fly in or over the
against flying
territory of Sri Lanka, unless there is in force in respect
over
Sri Lanka thereof a Certificate of Airworthiness, duly issued or rendered
without a valid by the appropriate authority of the country in which
Certificate of such aircraft is registered or where applicable, a Certificate
Airworthiness. issued or rendered valid by the appropriate authority of the
State of the operator and provided that the conditions, if
any, subject to which such Certificate was issued or rendered
valid, are duly complied with and the requirements under
which such Certificate was issued or rendered valid are equal
to or above the minimum standards which may be established
from time to time under the Convention.
Issue of 51. (1) A Certificate of Airworthiness in respect of any
Certificates of aircraft registered in Sri Lanka shall be issued by the Director
Airworthiness.
General in accordance with the prescribed requirements.
Civil Aviation Act, No. 14 of 2010 31
(2) The Director General may notwithstanding the
provisions of subsection (1), permit an aircraft to be flown
within the territory of Sri Lanka without a Certificate of
Airworthiness for the purpose of experiment or test or any
other purpose, provided that in such instance the aircraft
may not be flown otherwise than in accordance with such
conditions or limitations as are specified by the Director
General.
(3) A Certificate of Airworthiness issued under subsection
(1) shall be valid for such period as shall be specified in such
Certificate, which period shall not in any event exceed one
year from the date of issue of such Certificate. A Certificate
so issued may be renewed at the end of its period of validity,
on application being made in that behalf to the Director
General.
(4) Where any defect is found in any aircraft registered in
Sri Lanka, which renders the aircraft unsafe for flight, the
Director General may suspend the Certificate of
Airworthiness until such time as the defect is corrected. The
Director General shall cancel the Certificate of Airworthiness
where an aircraft is deemed permanently not airworthy.
Where a Certificate is cancelled, it shall be the duty of the
holder of such Certificate to immediately hand over the
Certificate to the Director-General.
52. The Director General shall have the power to validate Validation of
for such period not exceeding three months, as may be Certificates of
Airworthiness.
determined by the Director General, a Certificate of
Airworthiness issued by any other country on application
made in that behalf by the owner or operator of such aircraft.
CHAPTER VI
SEARCH AND RESCUE OPERATIONS AND INVESTIGATION INTO
ACCIDENTS AND INCIDENTS
53. The procedures to be followed in the provision and Assistance to
co-ordination of necessary measures of assistance to be given aircrafts in
distress.
to an aircraft in distress shall be as determined by the
32 Civil Aviation Act, No. 14 of 2010
Authority by rules made in that behalf. Such rules shall be
based on the applicable SARPS relating to the same.
Requisitioning of 54. (1) The Minister or any person authorized in that
aircrafts and behalf by the Minister may at any time, in order to facilitate
calling out of
flight crew for any air search or rescue operations, requisition any civil
air search and aircraft from its owner or operator, as the case may be, and
rescue also call out for services of any person whose services may
operations.
become essential to assist in such air search or rescue
operations.
(2) Compensation in respect of requisition of any aircraft
and payment to persons whose services were called out for
under subsection (1), shall be payable at such rate as may be
determined by the Minister, in consultation with the Minister
in charge of the subject of Finance.
(3) Where any air search and rescue operations are
undertaken by the State in connection with any occurrence
which was caused by the negligent or other unlawful act or
omission of any person, the Minister may recover from such
person the whole or any portion of the expenses incurred by
the State in connection with such operations,
notwithstanding the fact that the aircraft concerned is a
foreign aircraft and the services in question were rendered
elsewhere than within the territory of the Republic of
Sri Lanka.
(4) Any person who without lawful reason refuses or fails
to comply with any order or instruction made or given under
subsection (1), shall be guilty of an offence.
Aircraft accident 55. (1) The Authority shall in accordance with such
or incident
regulations as may be prescribed, institute an investigation
investigations.
into any accident or incident arising out of or in the course
of air navigation, where such accident or incident had
occurred within the territory of Sri Lanka or is in respect of
Civil Aviation Act, No. 14 of 2010 33
an aircraft registered in Sri Lanka or an aircraft operated by
an operator of Sri Lanka, for the purpose of :—
(a) determining the facts, conditions and circumstances
relating to the accident or incident and the probable
cause thereof; and
(b) ensuring the prevention of any such similar
accidents or incidents from occurring in the future,
and not for the purpse of apportioning blame or
liability.
(2) The Minister shall in prescribing regulations for
purpose of subsection (1), comply with the applicable SARPS
relating to investigations into aircraft accidents or incidents,
as the case may be.
56. (1) For the purpose of carrying out an investigation Appointment of
under section 55, the Authority may appoint an Aircraft Aircraft Accident
Accident Investigation Board with regard to each such Investigation
Board.
aircraft accident or incident, as the case may be (hereinafter
in this Chapter referred to as the “Board”), consisting of
such number of persons as may be determined by the
Authority, one of whom shall act as its Chief Investigator.
The Authority however shall not appoint as a member of
any Board, a member of the staff of the Authority or any
person who has any connection with the accident or incident
which such Board is required to investigate.
(2) The Authority shall, when appointing a Board under
subsection (1), stipulate the terms and conditions to be
complied with by the members of the Board in conducting
an investigation.
(3) The functions of the Board appointed under subsection
(1) shall cease with the submission to the Authority of the
final report of the Board on such accident or incident which
it was appointed to investigate.
(4) The Authority may arrange for representation to be
made at an investigation carried out in respect of any aircraft
registered in Sri Lanka, by a State in which such accident or
incident occurred.
34 Civil Aviation Act, No. 14 of 2010
Declaration of 57. (1) Every member of the Board shall before entering
Secrecy. upon his duties, sign a declaration pledging himself or herself
to observe strict secrecy in respect all information disclosed
at the investigation and shall by such declaration, pledge
himself or herself, not to divulge any such information
except:—
(a) when required to do so by a court of law;
(b) in the performance of his or her duties as a member
of the Board; or
(c) in order to comply with any provision of this Act or
any regulation or rule made thereunder.
(2) All investigations to be carried out by the Board, shall
be conducted in camera.
Power to 58. (1) The Board in the course of an investigation into
summon and
an accident or incident shall have the power to:—
examine
witnesses and
productions. (a) summon under its Chief Investigator’s hand and
call before it and examine all such persons whom it
considers necessary;
(b) require any person summoned to answer any
question or furnish any information or produce any
books, papers, documents or articles which the
Board may consider relevant and to retain any such
books, papers, documents and articles, until the
completion of the investigation;
(c) take statements from all such persons as it considers
necessary and to require any such person to make
and sign a declaration relating to the truth of the
statement made by him;
(d) have unhampered and unrestricted access to the
aircraft wreckage, flight recorders, air traffic records,
the place where the accident occurred and to any
other relevant material and for that purpose to
Civil Aviation Act, No. 14 of 2010 35
require the aircraft concerned or any part of the
equipment thereof to be preserved unaltered, to
enable a detailed investigation to be made without
delay;
(e) examine, remove, test, take measures for the
preservation of and otherwise deal with the aircraft
or any part thereof or anything contained therein ;
(f) enter and inspect any place or building where it
appears to be requisite for the purposes of the
investigation; and
(g) take all measures necessary for the preservation of
evidence.
(2) An investigation instituted by the Authority under
section 55 shall in no way be considered as being in
derogation of any power which under any other law may
attach to any police, judicial or other investigation, provided
that the Board shall have priority in the examination of the
relevant evidence.
(3) It shall be an offence for any unauthorized person to
remove or keep in his custody any part of an aircraft involved
in an accident or incident or any documents or other articles
thereof, to tamper with other evidence or to remove or keep
in his or her custody any belongings of passengers or
members of the crew or cargo carried in that aircraft.
(4) Where any accident has occurred within the territory
of Sri Lanka to an aircraft registered in a State Party to the
Convention and any person dies or suffers any serious injury
or the aircraft suffers substantial damage, the Authority shall
authorize the accredited representative of the State of
Registry or where applicable, the State of the operator, the
State of design of the aircraft, the State of the manufacture of
the aircraft, the States of which the victims are nationals and
any other State considered appropriate by the Authority, to
participate in the investigation.
36 Civil Aviation Act, No. 14 of 2010
(5) Notwithstanding the provisions of subsection (4), the
Authority may in consultation with the Minister, delegate
the actual performance of the investigation to a duly
authorized investigator or investigators of the State where
such aircraft is registered, or, if applicable, the State of the
Operator or of any other State considered as appropriate by
the Authority, who shall perform such function in accordance
with the provisions of this Chapter of this Act and any
regulations or rules made thereunder and under the
supervision of the Authority. In the event of such delegation
the Authority shall, so far as it is able, facilitate such
investigations.
(6) No person summoned as a witness at an investigation
shall:—
(a) disobey a summons issued by the Board ;
(b) refuse to be sworn in or to make an affirmation as a
witness ;
(c) fail to answer any question which he or she is
lawfully required to answer ; or
(d) refuse or fail to produce any documents or part or
component of an aircraft which he or she is lawfully
required to produce.
(7) It shall be an offence to obstruct or impede the Board
or any person acting under the authority of the Board, in the
exercise or performence of any powers or duties under this
Chapter.
Accidents 59. (1) Where any accident occurs outside the territory
outside of Sri Lanka to any aircraft registered in Sri Lanka and any
Sri Lanka.
person dies or suffers serious injury or the aircraft suffers
substantial damage, the Authority shall authorize an
accredited representative to participate in any investigation
or inquiry that may be conducted by the country in which
the accident occurred or may authorize the Board to conduct
an investigation into any matter connected with such
accident.
Civil Aviation Act, No. 14 of 2010 37
(2) Where any accident occurs outside the territory of
Sri Lanka to any aircraft registered in Sri Lanka, and any
person dies or suffers serious injury or the aircraft suffers
substantial damage, the Director General shall furnish any
country which conducts an investigation or inquiry outside
the territory of Sri Lanka, with all information in his
possession that may be relevant to the conduct of such
investigation.
60. (1) On the conclusion of an investigation, the Board Board to prepare
shall prepare a report in such manner as shall be prescribed, a report.
stating the circumstances of the case and the conclusion as
to the probable cause or causes of the accident or incident,
including any observations and recommendations which it
thinks fit to make with a view to the preservation of life and
the avoidance of similar occurrences in the future. The report
shall be submitted to the Authority and the Authority may
cause the whole or any part of such report to be published in
such manner as it thinks fit.
(2) The Authority shall send with the minimum delay,
the draft copy of the final report to such persons and
organizations, as may be prescribed.
(3) At the time of the submission of the report to the
Authority, the Board shall also provide the Authority with
any safety information that came to its knowledge during
the conduct of the investigation, the confidentiality of which
the Board considers should be maintained and the Authority
upon receipt of any such safety information, shall record
and preserve the same in accordance with the State Safety
Programme established under section 116 of this Act.
61. The Authority or the Board shall not make the Authority not to
following records available to any person for any purpose, make available
certain records.
other than for any future investigation relating to an accident
or incident:—
(a) all statements recorded by the Board in the course
of its investigation ;
38 Civil Aviation Act, No. 14 of 2010
(b) all communications between persons involved in
the accident or incident ;
(c) medical or personal information regarding persons
involved in the accident or incident;
(d) cockpit voice recordings, flight data recordings,
recordings from the air traffic control units and
transcripts from such recordings ;
(e) opinions expressed on the analysis of information,
including flight recorder information; and
(f) any records not directly related to the analysis of
the accident or incident investigated.
Members of the 62. The members of the Board appointed under section
Board deemed 56 shall, so long as they are acting as such members, be
to be public
deemed to be public servants within the meaning of the
servants.
Penal Code.
Re-opening of 63. (1) Notwithstanding the submission of a report under
an investigation. section 60, where subsequent to the completion of the
investigation, certain new evidence pertaining to the
accident or the incident which was investigated has been
discovered, which in the opinion of the Authority would
have had a significant impact or bearing on the outcome of
the investigation that was concluded, the Authority shall
order for such investigation to be re-opened.
(2) Where the Authority order the re-opening of an
investigation under subsection (1), the Authority may, at its
discretion order such investigation to be carried out, either
by the same Board which conducted the initial investigation
or appoint a new Board under section 56 to conduct the
same.
(3) The provision of this Chapter of this Act relating to
the conduct of an investigation into any accident or incident,
shall, mutatis mutandis, apply to and in regard to the conduct
of any re-opened investigation under subsection (1).
Civil Aviation Act, No. 14 of 2010 39
64. The Director-General shall on the basis of the Director-General
findings of an investigation, whether interim or final, take to take remedial
steps.
immediate remedial steps and corrective action which he
considers necessary in the interest of aviation safety,
regularity or efficiency or to prevent similar accidents or
incidents happening in the future.
65. For the purposes of this Chapter of this Act:— Interpretation.
“accident” means an occurrence associated with the
operation of an aircraft which in the case of a manned
aircraft, takes place between the time any person
boards the aircraft with the intention of flight, until
such time as all such persons have disembarked or
in the case of an unmanned aircraft, takes place
between the time the aircraft is ready to move with
the purpose of flight until such time it comes to rest
at the end of the flight and the primary propulsion
system is shut down, and in which:—
(a) a person is fatally or otherwise seriously
injured, as a result of being in the aircraft or
having direct contact with any part of the
aircraft including any part which has become
detached from the aircraft or being exposed
directly to jet blast, as the case may be;
(b) the aircraft sustains damage or structural
failure which adversely affects its structural
strength, performance or flight characteristics
of the aircraft and would under normal
circumstances require a major repair or
replacement of the affected components; or
(c) the aircraft is missing or is completely
inaccessible;
40 Civil Aviation Act, No. 14 of 2010
“accredited representative” means a person
designated by a State to represent such State, for
the purpose of participating in an investigation
conducted by a Board appointed under section 56
of this Act; and
“incident” means an occurrence associated with the
operation of an aircraft other than an accident,
which affects or could affect the safety of such
operation.
CHAPTER VII
AVIATION PERSONNEL AND TRAINING INSTITUTIONS
Regulations to 66. (1) For purpose of ensuring the security and safety
be made for of civil aviation activities, the Minister shall in compliance
obtaining
with the international obligations of Sri Lanka under the
licences etc. by
personnel. Convention, prescribe by regulations the procedure to be
followed for the issue of licences, ratings, certificates of
competency or permits that should be conferred upon all
personnel or institutions involved in or connected with the
carrying on of prescribed civil aviation activities.
(2) Regulations made under subsection (1) shall specify
the activities for which a licence, rating, certificate of
competency or permit should be obtained, the qualifications
and other requirements that should be satisfied, application
procedure, terms and conditions to be complied with, fees to
be paid, privileges to be granted to the holder of any such
licence, rating, certificate of competency or permit, grounds
for amendment, suspension and revocation of such licence,
rating, certificate of competency or permit and for their
renewal.
(3) No person who is required by regulations made under
subsection (1) to obtain a licence, rating, certificate of
competency or permit for the purpose of engaging in any
civil aviation activity as specified therein, shall engage in
Civil Aviation Act, No. 14 of 2010 41
such activity without obtaining an appropriate licence,
rating, certificate of competency or permit, as the case may
be, for the same.
(4) A person shall not engage any other person in any
activity which requires a licence, rating, certificate of
competency or permit under this Chapter of this Act, unless
the person so engaging is satisfied beyond any doubt, that
the person being engaged holds a valid licence, rating,
certificate of competency or permit, as the case may be.
(5) Notwithstanding the provisions of subsection (2),
regulations made under subsection (1) may also provide for
the validation of a licence, rating, certificate of competency
or permit issued by a State Party to the Convention, provided
that the requirements under which such licence, rating,
certificate of competency or permit was issued by such
State Party to the Convention, are equal to or higher
than the requirements specified in the regulations prescribed
for the implementation of Standards for the issue of such
licence, rating, certificate of competency or permit, as the
case may be.
67. Every licence, rating, certificate of competency, and The issue,
permit referred to in section 66, shall be issued by the suspension and
revocation of a
Director General or on his behalf by any other person
licence, rating,
specifically authorized in writing by him and the Director certificates of
General or such other person acting on his behalf shall have competency or
the power to amend, suspend or revoke any such licence, permit.
rating, certificate of competency or permit issued, as the
case may be, for any reason as may be prescribed under that
section.
68. (1) No person who holds a licence, rating, certificate Physical or
of competency or permit issued by the Director General shall mental
impairment.
perform the activities for which such licence, rating,
certificate of competency or permit has been issued, if he
becomes aware of an illness or other physical or mental
impairment suffered by him, including fatigue, that might
jeopardize the safe performance of his duties.
42 Civil Aviation Act, No. 14 of 2010
(2) Where an operator becomes aware of any physical or
mental impairment including fatigue being suffered by any
employee of such operator, which is likely to jeopardize the
safe performance of his duties, it shall be the duty of such
operator to forthwith take all necessary measures to prevent
such employee from continuing to carry on such duties.
(3) A contravention by a person of the provisions of
subsections (1) or (2) of this section shall be an offence
under this Act and be punishable with a fine not exceeding
the equivalent in Sri Lanka rupees of twenty-five thousand
SDR and shall in addition to such punishment, be liable to
have any licence, rating, certificate of competency or permit
issued to such person under this Chapter of this Act, to be
cancelled.
(4) The Director-General shall have the power to issue
directives concerning limitation on duty periods and rest
periods applicable to a holder of any licence, rating,
certificate of competency or permit issued under this Chapter
of this Act, in order to guard against an onset of fatigue and
it shall be the duty of the holder of such licence, rating,
certificate of competency or permit to comply with such
directives. Any employer of the holder of any licence, rating,
certificate of competency or permit who prevents such holder
from complying with any directives so issued, shall be guilty
of an offence.
(5) Wherever the Director General deems it expedient or
necessary, he shall have the power to require any person
who holds any licence, rating, certificate of competency or
permit issued under this Chapter of this Act, to under-go a
medical check-up at any time and it shall be the duty of such
person to comply with such requirement. A refusal to comply
shall be deemed to be an offence under this Act and the
Director-General shall have the power, in addition to any
punishment that may be imposed for such offence by a court,
to cancel any licence, rating certificate of competency or
permit issued to such person by the Director General.
Civil Aviation Act, No. 14 of 2010 43
69. (1) The Director General shall have the authority to Aviation
issue a licence or permit, as the case may be, to any person or Training
Institutions.
institution to provide such training courses in respect of
activities prescribed under section 66 for which a certificate
of competency or a licence or permit is required, where he is
satisfied as to the adequacy of the course content, the
suitability of the training equipment and facilities and the
competency of the instructors.
(2) The qualification of instructors to be employed, the
nature of the equipment and other facilities that should be
available in order to be qualified to be issued with a licence
or permit under subsection (1) to provide training courses
and the fees payable for the issue, renewal and amendment
of such licence or permit, shall be as prescribed.
(3) A licence or permit under subsection (1) shall be issued
for a period not exceeding one year, which may thereafter be
renewed in each case for a further period not exceeding one
year. The Director General may suspend or revoke any licence
or permit issued, for any one or more reasons as may be
prescribed.
CHAPTER VIII
AIRCRAFT OPERATION
70. (1) No aircraft registered in Sri Lanka shall fly within Documents,
or outside the territory of Sri Lanka, unless it carries on equipment,
number and
board a valid Certificate of Registration and a Certificate of
description of
Airworthiness issued under section 42 and section 51 the operating
respectively, of this Act, such minimum equipment and crew.
operating crew and any other documents required to be
carried thereon as prescribed under this Act.
(2) No aircraft other than an aircraft registered in
Sri Lanka, shall fly within the territory of Sri Lanka, unless
it carries on board a valid licence or certificate issued on
registration of that aircraft, minimum equipment and
44 Civil Aviation Act, No. 14 of 2010
operating crew and any other documents required to be
carried therein by the law of the State in which such aircraft
is registered or the State of the operator, or in the absence of
both, as required by Article 29 of the Convention.
(3) The members of the operating crew of every aircraft
referred to in this section shall hold the prescribed certificates
of competency, licences, rating or authority issued or
rendered valid by the State in which such aircraft is registered
or where applicable by the State of the operator.
(4) The Minister shall prescribe the types of log books
required to be maintained and the applicable requirements
relating to their maintenance, in respect of aircraft, engines,
propellers, equipment or personnel involved in the
maintenance and operations of aircraft.
Rules of the Air. 71. (1) The Minister shall in compliance with the relevant
SARPS, prescribe the Rules of the Air, the manner in which
an aircraft may be moved or flown, the lights and other signals
to be shown or made by an aircraft or persons, the lighting
and marking of Aerodromes and any other provisions for
securing the safety of an aircraft in flight and in movement
and safety of person and property on land or water.
(2) It shall be the duty of every Pilot-in-Command of an
aircraft to comply with the Rules of the Air prescribed by the
Minister under subsection (1).
(3) Every aircraft registered in Sri Lanka on an
international flight, wheresoever such aircraft may be, shall
observe the Rules of the Air that are in force in that country
and while flying over the high seas or areas of undetermined
sovereignty, the Rules of the Air to be observed shall be
those established under the Convention.
(4) A Pilot-in-Command of an aircraft registered in
Sri Lanka who fails to observe the Rules of the Air as required
under subsection (2) and (3) of this section, shall, in addition
Civil Aviation Act, No. 14 of 2010 45
to any penalty that may be imposed for such violation, be
also liable to have the licence issued to him by the Director
General under section 67 suspended or cancelled, as the
case may be.
72. (1) Without prejudice to the provisions of section Actions by a
71, a Pilot-in-Command shall— Pilot-in-
Command in an
emergency.
(a) be responsible for the safe operation of the aircraft
in flight, safety and well being of all the passengers
and crew and safety of the cargo being carried;
(b) have the final authority to control the aircraft while
in command and maintain discipline among all
persons on board; and
(c) subject to the provisions of subsection (2), be
responsible for compliance with all relevant
requirements imposed under this Act, any
regulations or rules made thereunder and the
implementing standards relating to aircraft
operations.
(2) Notwithstanding the provisions of subsection (1), a
Pilot-in-Command may in an emergency, deviate from
complying with any provisions of this Act or any regulations
or rules made thereunder or any implementing standards
relating to aircraft operations, where he is satisfied that:—
(a) the emergency involves a danger to life or property;
(b) the deviation is necessary in order to deal with the
emergency situation;
(c) there are no reasonable means available for
alleviating or avoiding the emergency; and
(d) the degree of danger involved in complying with
the requirements of this Act or any regulations or
46 Civil Aviation Act, No. 14 of 2010
rules made thereunder or any implementing
standards relating to air craft operations, is
manifestly greater in degree than the danger
involved in deviating from them.
(3) Where a Pilot-in-Command in an emergency deviates
from any requirements under subsection (2), he shall:—
(a) forthwith notify the relevant air traffic control of
such deviation; and
(b) notify the Director General as soon as practicable
of such deviation and where required by the
Director-General, submit a written report relating
to his actions.
(4) In the event of any national emergency, calamity,
crisis or disaster and for the sole purpose of rescuing lives or
property or providing relief to the parties affected or is likely
to be affected from such an event, the Director General shall
in so far as the same is necessary for dealing with such
emergency, calamity, crisis or disaster, have the power to
suspend temporarily the application of one or more
requirements imposed by of this Act or any regulations, rules
or implementing standard made thereunder or any directives
issued thereunder. The Director General shall in respect of
each such occasion that any such temporary suspension has
been effected, submit a written report to the Minister which
shall contain a detailed account of the suspension in question.
The Minister shall cause such report to be tabled in
Parliament.
Air Operator 73. (1) No aircraft registered in Sri Lanka or any aircraft
Certificate. used by an operator licensed under this Act shall, on the
basis of any lease, charter, interchange or similar
arrangement, be operated other than under and in accordance
with the terms of an Air Operator Certificate issued by the
Director General to the owner or operator of such aircraft.
Civil Aviation Act, No. 14 of 2010 47
(2) Commercial air transport operations into or out of
Sri Lanka performed by a foreign air operator, shall be in
accordance with the terms of a Foreign Air Operator
Certificate issued by the Director General to such foreign air
operator. In issuing such a Certificate, the Director General
shall ensure that such foreign air operator has been issued
with a valid Air Operator Certificate or as equivalent in the
country in which such foreign operator is carrying on
business and further that adequate provision has been made
by the authority who issued such Air Operator Certificate, to
ensure that the foreign air operator conforms to and complies
with the standards, practices and procedures set out in the
Convention and the Annexes to the Convention.
(3) An Air Operator Certificate or a Foreign Air Operator
Certificate referred to in subsection (1) or (2), shall not be
issued by the Director General, where an operator or owner
of an aircraft or a foreign air operator, as the case may be,
who applies for an Air Operator Certificate or a Foreign Air
Operator Certificate, as the case may be, poses or is likely to
pose a threat to the national security of Sri Lanka or to
international civil aviation.
(4) The Director General shall on the payment of a
prescribed fee, process an application made under subsection
(1) or subsection (2), as the case may be, and shall for that
purpose conduct such investigation as he may consider
necessary, in accordance with such regulations as may be
prescribed, giving effect to the applicable standards and
any associated requirements.
(5) Every Air Operator Certificate and Foreign Air
Operator Certificate issued under this section, shall be subject
to the operations specifications specified in the Certificate
issued and to such terms and conditions as may be prescribed.
It shall be the obligation of the holder of such Certificate to
ensure that operations are carried out in strict conformity
with the operations specifications specified and such terms
and conditions prescribed, and that such operations do not
48 Civil Aviation Act, No. 14 of 2010
breach any requirements imposed under the provisions of
this Act or any regulations, rules, implementing standards
or directives issued thereunder or any obligations imposed
upon Sri Lanka under any agreement entered into with any
other country.
(6) An Air Operator Certificate or a Foreign Air Operator
Certificate shall be valid for a period not exceeding one
year from the date of its issue and may be renewed for a
further period not exceeding one year in each case, provided
that the requirements imposed for the holding such Certificate
is maintained to the satisfaction of the Director General.
(7) An operation of an aircraft, without a valid Air
Operator Certificate or a foreign Air Operator Certificate, as
the case may be, issued under this section or in contravention
of any terms or conditions of any such Certificate issued,
shall be subject to a fine not exceeding the equivalent in Sri
Lanka Rupees of ten thousand SDR or per each day of the
infraction.
Importation of 74. No person shall be granted approval by the Director
aircraft. General for the importation of an aircraft, unless:—
(a) the Director General is satisfied that the aircraft to
be imported shall be operated under an Air Operator
Certificate issued under section 73 of this Act; and
(b) the person concerned complies with such
requirements as may be prescribed for that purpose.
Liability 75. (1) Every holder of an Air Operator Certificate or a
insurance. Foreign Air Operator Certificate, as the case may be,
operating within Sri Lanka or internationally, to, from or
through Sri Lanka, shall keep in force at all times a liability
insurance adequately covering his liability for death or
bodily injury to passengers which may be caused by an
accident and for the loss of or damage to baggage, cargo or
mail, due to any event during the period of carriage and for
the delay in the carriage of passengers, baggage, cargo or
Civil Aviation Act, No. 14 of 2010 49
mail. Such person shall also be required to have a valid and
adequate insurance policy covering his liability for damage
that may be caused by the aircraft to third parties, on the
surface or in the air.
(2) In determining the adequacy of the liability insurance
cover referred to in subsection (1), a holder of an Air
Operator Certificate or a Foreign Air Operator Certificate, as
the case may be, shall take into consideration whether:—
(a) the insurance provides a comprehensive cover for
actual and potential obligation of the person
insured, in respect of all of his proposed activities;
(b) the insurer is authorized to effect such insurance
under the laws of the country where the aircraft is
registered or the country where the insurer has his
residence or the principal place of business and
whose financial responsibility has been verified;
and
(c) the insurance provides comprehensive cover for
obligations that may arise due to death, bodily
injury or damage to property caused by the aircraft
to third parties on surface or in the air.
(3) The Director General shall determine the minimum
limits of insurance cover that is required to be obtained,
depending on the nature and scope of operations being
carried on by the holder of the relevant Certificate.
76. (1) The Director General may where he considers it Amendment,
appropriate and upon a request made in that behalf by a suspension and
revocation of
holder of a Certificate and on the payment of the prescribed Air Operator
fee, amend an Air Operator Certificate or a Foreign Air Certificates.
Operator Certificate, as the case may be, issued to such holder,
varying the privileges or limitations granted under such
Certificate.
50 Civil Aviation Act, No. 14 of 2010
(2)The Director General shall have the power to suspend
or revoke at anytime, any Air Operator Certificate or a
Foreign Air Operator Certificate, as the case may be, issued
by him if the conditions under which the Certificate was
issued changes or if the holder fails to comply with the
operations specifications specified in the Certificate issued,
any conditions prescribed under subsection (5) of section
73, the requirements imposed by sections 75 or any other
requirements imposed under the provisions of this Act or
any regulations, rules, implementing standards or directives,
made or issued thereunder.
Aircraft 77. (1) An aircraft which is registered in a State party to
operated under the Convention other than Sri Lanka, may be operated in
an agreement
Sri Lanka under an agreement for the lease, charter or
for lease, charter
or interchange interchange of the aircraft or any other similar arrangement,
of aircraft. provided that an agreement has been reached with regard to
the transfer of functions and duties relating to safety over-
sight and its operations, between the aeronautical authority
of the State with which such aircraft is registered and the
Director General pursuant to Article 83 bis to the
Convention, and the application of the provisions of this
Act or any regulations or rules made thereunder shall be to
the extent specified in such agreement.
(2) The Director General may, where he considers it
feasible and subject to the approval of the Authority, agree
with the aviation authorities of any other State Party to the
Convention, for the transfer of the functions and duties
relating to safety oversight of an aircraft registered in
Sri Lanka, which is to be operated by an operator of such
other State Party, pursuant to an agreement for the lease,
charter or interchange of the aircraft or any other similar
arrangement and the nature and scope of the duties and
functions so transferred to such other State Party, shall be to
the extent mentioned in such agreement.
(3) The Director General may for a period not exceeding
three months and subject to such conditions as may be
Civil Aviation Act, No. 14 of 2010 51
prescribed, waive the requirement imposed under subsection
(1) in respect of an operator who already holds a valid Air
Operator Certificate, provided that the proposed arrangement
in the opinion of the Director General, meets the requirements
in respect of safety.
78. (1) For the purpose of ensuring the safety of air Carriage of
navigation and of persons traveling on board an aircraft, the dangerous
goods.
Minister shall in compliance with the applicable SARPS,
prescribe the requirements to be satisfied for classifications
packing, labeling and marking, handling and carriage of
dangerous goods by air and the fees payable for the grant of
a permit for handling or transporting such dangerous goods
by air.
(2) The Director General shall by directives issued in that
behalf, specify the procedure that should be adhered to in
respect of classification, packing, labeling and marking,
handling and carriage of dangerous goods permitted to be
carried on board an aircraft, emergency procedures,
investigation into accidents or incidents involving
dangerous goods and the training required for persons
involved in handling such consignments of dangerous
goods. The Director General shall also have the power from
time to time, to issue such implementing instructions as
may become necessary for the purpose of giving effect to
any directives issued by him under this subsection or any
requirements prescribed under this section.
(3) Munitions or any other implements of war shall
not be carried by any aircraft within the territory of Sri Lanka
or by any aircraft registered in Sri Lanka, except on the
authority of a permit issued by the Director General for that
purpose.
(4) Any person who fails to comply with the requirements
imposed by this section or any regulations, directives or
implementing instructions issued thereunder, shall be guilty
of an offence under this Act and shall on conviction be
52 Civil Aviation Act, No. 14 of 2010
liable to a fine the equivalent in Sri Lanka Rupees of twenty
five thousand SDR or to imprisonment not exceeding two
years or to both such fine and imprisonment.
Determining air 79. (1) The Authority with the assistance of the Service
routes.
Provider appointed for the provision of Air Traffic Services
shall, in accordance with the applicable SARPS and the
Regional Air Navigation Plan, determine and publish the
air routes and air navigation procedures to be followed by
civil aircraft for their entry, exit, transit or movements within
the Sri Lanka Flight Information Region.
(2) The Authority shall amend the air routes determined
under subsection (1) whenever it becomes necessary, so as
to keep them up to date with any changes that may have
been made to the applicable SARPS or to the design of the
Regional Air Navigation Plan, as the case may be.
Pilotless 80. An aircraft capable of being flown without a pilot
aircrafts. shall not be operated within the territory of Sri Lanka, except
under the authority and in accordance with the terms and
conditions of a special permit issued by the Director General
for that purpose and on the payment of the prescribed fee.
Acrobatic 81. (1) No aircraft shall be acrobatically flown nor shall
flying, flight
any exhibition, competition, formation flying or air show
exhibitions,
competitions be performed within the territory of Sri Lanka, except under
and air shows. the authority of a special permit issued by the Director
General for that purpose and on the payment of the prescribed
fee.
(2) The Director General may issue a permit referred to in
subsection (1), on being satisfied that the flight safety in the
airspace and the safety of the general public and property,
are not endangered by activities in respect of which such
permit is to be issued and may further require the organizers
of any such exhibition, competition, formation flying or air
show, to provide proof of adequate public liability insurance
for any damage that may be caused.
Civil Aviation Act, No. 14 of 2010 53
82. (1) Where an aircraft is flown in such a manner as to Dangerous flight
cause unnecessary danger to any person or property on land operations
or water—
(a) the Pilot-in-Command and the operator of the
aircraft ; or
(b) where there is no operator, the Pilot-in-Command
and the owner of the aircraft,
shall be guilty of an offence under this Act and on conviction
be liable to a fine the equivalent in Sri Lanka Rupees of
twenty five thousand SDR or to imprisonment for a term not
exceeding two years, or to both such fine and imprisonment.
(2) An operator or owner, as the case may be, may where
such operator or owner is able to prove to the satisfaction of
the court that such aircraft was flown in the manner referred
to in subsection (1) without its knowledge or consent, be
exempt from liability for an offence under that subsection.
(3) The provisions of this section shall be in addition to
and not in substitution of any general safety or other
provisions of this Act or any regulations, rules or
implementing standards that may be made or issued under
this Act.
83. Every person who on board an aircraft registered in Offences
Sri Lanka, while on flight, whether within or outside the committed on
board an
territory of Sri Lanka or a foreign aircraft while on flight
aircraft.
within the territory of Sri Lanka—
(a) assault, intimidate, threaten or commit any similar
act against a crew member ;
(b) refuse to follow a lawful instruction given by the
Pilot-in-Command or on his behalf by a crew
member, relating to any matter which affects the
safety or security of the aircraft or its passengers ;
54 Civil Aviation Act, No. 14 of 2010
(c) assaults, intimidate or threatens any passenger ;
(d) engage in smoking in any part or section of the
aircraft ;
(e) intentionally causes damage or destruction to the
aircraft or any part thereof ;
(f) engage in any indecent behavior ;
(g) tampers with a smoke detector or any other safety
device installed on board the aircraft ;
(h) operates any portable electronic device when such
act is prohibited under the law applicable to that
aircraft ; or
(i) removes without the approval of the Pilot-in-
Command, any safety or emergency equipment,
device or document or any other equipment or
device found in the aircraft,
shall be guilty of an offence under this Act and on conviction
be liable to a fine equivalent in Sri Lanka Rupees of twenty-
five thousand SDR or to imprisonment for a term not
exceeding two years or to both such fine and imprisonment.
CHAPTER IX
COMMERCIAL AIR TRANSPORTATION
Airline Licence 84. (1) No person shall engage in domestic or
and Foreign international commercial air transportation based in
Airline Licence.
Sri Lanka, except in accordance with an Airline Licence
issued by the Authority under section 87 in the form
prescribed for that purpose.
(2) No foreign air operator shall engage in any commercial
air transportation to or from Sri Lanka, except in accordance
with a Foreign Airline Licence issued by the Authority under
section 89, in the form prescribed for that purpose.
Civil Aviation Act, No. 14 of 2010 55
85. (1) No aerial work shall be carried on within the Aerial work.
territory of Sri Lanka, except in accordance with a licence
issued for that purpose by the Authority in the prescribed
manner.
(2) Any person who holds an appropriate Air Operator
Certificate and possess such qualifications as determined by
the Authority by rules made in that behalf, shall be eligible
to apply for a licence under subsection (1) to engage in aerial
work.
86. An Airline Licence or a Foreign Airline Licence Privileges,
issued under this Act shall specify the nature and scope of conditions and
limitations
the activities that the air operator is authorized to engage in
attached.
commercial air transportation and shall contain the
privileges, conditions and limitations applicable to the
service to be rendered.
87. (1) The following shall be eligible to obtain an An Airline
Airline Licence for domestic or international commercial air Licence for
domestic or
transportation based in Sri Lanka:— international
commercial air
(a) a citizen of Sri Lanka ; transportation.
(b) a registered body of persons having its principal
place of business in Sri Lanka and in which at least
fifty-one per centum of the share capital is owned
by citizens of Sri Lanka ; or
(c) any person or body of persons approved by the
Cabinet of Ministers.
(2) The Authority may issue an Airline Licence on
application made in that behalf by any person referred to in
subsection (1) and on being satisfied that the applicant
has complied with the requirements determined under
subsection (3).
(3) The Authority shall determine by rules made in that
behalf, the information necessary to be submitted by a person
56 Civil Aviation Act, No. 14 of 2010
applying for an Airline Licence, in order to prove compliance
with the following requirements :—
(a) that the applicant holds a valid Air Operator
Certificate ;
(b) that the proposed domestic commercial air transport
operations are financially secured by actual assets,
bank guarantees or other security for a period not
less than three years from the proposed launching
of the services ;
(c) that adequate and valid liability insurance cover as
determined on the guidelines referred to in
subsection (2) of section 75, is held for any damage
that may arise out of its proposed operations ;
(d) that an effective program drawn in accordance with
the National Aviation Security Programme
formulated by the Authority under section 17, for
protection against unlawful interference with civil
aviation is in place, which has been approved by
the Director General ; and
(e) that the applicant fulfills any other requirements as
may be prescribed for that purpose.
Immovable 88. (1) The Authority may where it considers it
property to be
necessary by Order published in the Gazette and subject to
made available
to a person such terms and conditions as may be specified in such Order,
issued with an make available to any person to whom an Air Line Licnece
Airline Licence. is issued, any immovable property which is in the possession
of the Authority, for the purpose of enabling such licence
holder to provide domestic or international commercial air
transportation in Sri Lanka under such licence.
(2) It shall be the duty of the holder of an Airline Licence
to whom any property is made available under subsection
(1), to comply with the terms and conditions stipulated in
Civil Aviation Act, No. 14 of 2010 57
the Order and hold and maintain such immovable property
in good condition.
(3) The holder of an Airline Licence to whom any
immovable property is made available, shall not—
(a) sell or dispose of any such property; or
(b) except with the prior written approval of the
Authority,:—
(i) effect any alteration in such property or put
up any new constructions in such property;
or
(ii) grant a lease of any such property to any other
person.
89. (1) No Foreign Air Operator shall be issued with a Qualifications
Foreign Airline Licence, unless such Foreign Air for the issue of a
Foreign Airline
Operator— Licence.
(a) has obtained a Foreign Air Operator Certificate from
the Director General ;
(b) has adequate and valid insurance cover as
determined on the guidelines referred to in
subsection (2) of section 75, to cover liability which
may arise from its operations ; and
(c) has in place an effective program drawn in
accordance with the Aviation Security Programme
formulated by the Authority under section 17, for
protection against unlawful interference with civil
aviation.
(2) The Authority may issue a Foreign Air Licence on
application made in that behalf by a Foreign Air Operator
58 Civil Aviation Act, No. 14 of 2010
and upon being satisfied that such applicant has complied
with—
(a) the requirements imposed by subsection (1) ; and
(b) any other requirements that may be specified in the
air service agreement that is entered into between
Sri Lanka and the respective aeronautical authority
of the State of the applicant.
Power to amend 90. (1) Where appropriate, the Authority may upon a
a licence issued
request made in that behalf by the holder of an Aerial Work
under section
85, 87, or 89 of Licence, an Airline Licence or a Foreign Airline licence, as
this Act. the case may be, issued under section 85, 87 or 89 of this
Act, and on the payment of a prescribed fee, amend such
licence.
(2) The Authority may at any time at its own discretion,
where it considers it necessary in the interest of national
security, safety of air navigation or for the purpose of
ensuring fair competition, amend an Aerial Work Licence,
an Airline Licence, or a Foreign Airline Licence, as the case
may be, issued under section 85, 87 or 89 of this Act, by the
incorporation of any additional conditions or limitations to
such licence.
Power to 91. The Authority may at any time suspend or revoke
suspend or an Aerial Work Licence, an Airline Licence, or a Foreign
revoke a licence
Airline Licence, as the case may be, issued under section 85,
issued under
section 85, 87 or 87 or 89 of this Act, on any one or more of the following
89. grounds:—
(a) where the conditions under which the licence was
issued have changed ;
(b) where the licence holder or any aircraft operated by
the licenceholder, fails to comply with any
provisions of this Act or any regulations or rules
made thereunder or any term or condition of the
licence ;
Civil Aviation Act, No. 14 of 2010 59
(c) where the licence holder fails to conform to or
comply with any term or condition of the relevant
agreement or arrangement;
(d) in the case of the holder of a Foreign Airline Licence,
where the Foreign Air Operator Certificate issued
under section 74 of this Act to such holder, is
revoked ; or
(e) where the Authority is directed to suspend or revoke
such licence by the Minister who is of the opinion
that it is necessary or desirable to do so, for the
purpose of preserving or promoting fair competition
in international air transport services.
92. (1) No person other than such person as shall be Maintenance
prescribed for that purpose, shall provide any repair or services to be
provided only
maintenance services to any Airline, except under the
on a permit
authority of a permit issed for the same by the Director issued by
General. Derector
General.
(2) The permit referred to in subsection (1) shall be
obtained on application made to the Director General in the
prescribed form, accompanied by the prescribed fee.
(3) The Director General may, on being satisfied with the
technical competency and ability of the applicant to provide
maintenance services to Airlines, issue a permit, subject to
such terms and conditions as may be specified therein.
(4) A permit issued under this section shall be valid for a
period of one year from the date of its issue and may be
renewed at the end of that period on application made in
that behalf and on the payment of the prescribed renewal
fee.
93. (1) Non-scheduled international air transportation Non- scheduled
may be authorized by the Authority by the issue of a permit, international air
transportation.
upon a written application made in that behalf by an operator
in the manner prescribed, having regard to:—
(a) public interest and in particular to the benefits to
Sri Lanka’s national economy; and
60 Civil Aviation Act, No. 14 of 2010
(b) any adverse effect such authorization may have on
scheduled international air transportation, between
the points of origin and the destination of such
flight.
(2) A permit issued under subsection (1) shall be subject
to such terms and conditions as shall be specified therein
and be valid for a period not more than one year from the
date of its issue. The Authority may renew a permit upon
application made in that behalf and on the payment of the
prescribed renewal fee.
(3) A permit issued under subsection (1) may be suspended
or cancelled, as the case may be, for the violation of any
term or condition specified in such permit.
Protection of 94. (1) The Authority may issue to any holder or category
passengers and
of holders of any licences or permits issued under this Chapter
users of aircraft.
of this Act, directives, instructions or procedures in relation
to conditions of carriage of passengers, baggage, cargo and
mail, and dealing with liability for denied boarding and
other issues, for the purpose of ensuring the protection of
passengers and other users of the aircraft.
(2) It shall be the duty of all persons to whom any directive,
instruction or procedure is issued under subsection (1) to
strictly comply with the same, and any failure to do so shall
be an offence under this Act.
Flight schedules. 95. Every holder of an Airline Licence or a Foreign
Airline Licence shall in the manner prescribed, submit to
the Authority for its approval, the proposed flight schedules
in respect of its operations within Sri Lanka or for the arrival
to and departure from Sri Lanka, as the case may be. In the
case of an aircraft calling in Sri Lanka for non-traffic purposes
or in the case of over-flight, the relevant information shall
be provided in the manner specified by the Authority.
Civil Aviation Act, No. 14 of 2010 61
96. To ensure orderly flow of air traffic, the Authority Allocation of
may issue directives, instructions or procedures for the slots.
allocation of slots to air operators. In issuing directives,
instructions or procedures, preference may be given to
scheduled international air services:
Provided that the Authority shall endavour to ensure
non-discriminatory consideration of all requests.
97. (1) No person shall carry on the business of air Air Transport
Service Licence.
transportation in Sri Lanka, except under the authority of or
otherwise than in accordance with the terms or conditions,
of an Air Transport Service Licence issued in that behalf by
the Authority.
(2) Any person desiring to obtain a licence under
subsection (1), may submit an application for the same
together with the prescribed fee and the Authority may issue
a licence to such person where it is satisfied that the applicant
has complied with the requirements specified in subsection (3).
(3) The requirements that should be satisfied by a person
for the issue of a licence under this section, shall be the
availability of—
(a) adequate infrastructure facilities and staff
requirements;
(b) adequate financial arrangements necessary for
discharging the actual and potential obligations in
respect of the business activities relating to air
transportation; and
(c) bank guarantees or other security necessary to cover
financial commitments to clients.
(4) Notwithstanding the provisions of paragraph (c) of
subsection (3), an operator of an aircraft applying for a licence
under subsection (1), shall not be required to furnish a bank
guarantee or other security, as required under that paragraph.
62 Civil Aviation Act, No. 14 of 2010
Person issued 98. (1) Every person to whom a licence or a permit is
with a permit or issued under section 93 or 97, as the case may be, shall
a licence under
section 93or maintain such records as may be determined by the Authority,
97to maintain and furnish to the Authority such returns or information as
certain records may from time to time be required to be furnished by the
and furnish Authority.
information.
(2) The Authority may revoke a licnece or a permit issued
under sections 93 or 97, as the case may be, where the
Authority is satisfied that the holder of such licence or
permit:—
(a) has ceased to carry on the business in respect of
which the lincence or permit has been issued;
(b) has obtained the licence or permit contrary to the
provisions of this Act or any regulations or rules
made thereunder;
(c) where the licence holder or the permit holder is a
company, that any or all of its principal officers
have been convicted of an offence connected with
the business of the company involving moral
turpitude;
(d) has ceased to comply with the requirements
specified for the issue of such licence or permit; or
(e) has contravened any provisions of this Chapter of
this Act or any regulations or rules made under this
Act.
(3) No revocation of a licence or permit under subsection
(2) shall be made against a person, except after due notice
has been issued to show cause within such period as may be
specified in the notice, why the licence or the permit, as the
case may be, should not be revoked.
(4) The Authority or any officer authorized by the
Authority in writing, may—
(a) for the purpose of ascertaining whether any
provisions of this Act or any regulations or rules
made thereunder are being complied with, enter
Civil Aviation Act, No. 14 of 2010 63
and inspect at all reasonable hours of day or night,
the premises in which the business in respect of
which the licence or the permit, as the case may be,
was issued by the Authority ; and
(b) inspect and take copies of any records or returns
required by this Act or any regulations or rules made
thereunder, to be kept in respect of such business
and of any other records relating to such business.
(5) Where the Authority has reasonable grounds to
believe that any provisions of this Chapter of this Act or any
regulations or rules made thereunder are being violated or
contravened by any person to whom a licence or a permit
has been issued under section 93 or 97, as the case may be,
the Authority may after obtaining a warrant under the hand
of a Magistrate, enter and inspect any premises specified in
such warrant and take into custody any tickets, stocks or
other documents used in connection with the commission
of such offence.
99. (1) Where the Director General is of the opinion Director
that it is necessary to safeguard the general health and well General’s
power to issue
being of persons, property and environment, including
directions to
animals and birds, he shall have the power to issue to an Airlines
Airline, special or general directions on matters pertaining
to health and hygine or on any other matter which is of
national concern, interest or importance.
(2) Non-compliance with any directions issued under
subsection (1), shall be an offence under this Act.
CHAPTER X
OFFENCES AND PENALTIES
100. Any person who fails to comply with a written Failure to
request made by the Authority or the Director General under comply with
written request
the provisions of this Act or of any regulations or rules made or furnishing
threunder or furnishes any false information or return, shall false
be guilty of an offence under this Act and shall on conviction information.
64 Civil Aviation Act, No. 14 of 2010
be liable to a fine not exceeding the equivalent in Sri Lanka
Rupees of ten thousand SDR or to imprisonment not
exceeding two years or to both such fine and imprisonment.
Seizure of an 101. (1) Where the owner or the operator of an aircraft
aircraft. in respect of which any charge or penalty is payable under
this Act, refuses or neglects to pay the same or any part
thereof on demand, the Authority may without prejudice to
any other remedy that may be available under any other law,
seize such aircraft and detain the same until the amount due
is paid in full.
(2) The cost as determined by the Authority for seizing or
detaining an aircraft under subsection (1) shall, be paid by
the owner or the operator of the aircraft and if not paid within
fourteen days, the Authority may cause such aircraft to be
sold to recover the total amount due. Any surplus remaining
shall be paid on demand to the owner, the operator or the
Pilot-in-Command, as the case may be, of the aircraft and
where no demand for such payment is made for a period of
two years, the amount remaining as surplus shall be credited
to the Fund of the Authority.
Violating safety 102. (1) Every person who is engaged in the provision
or security of aeronautical services or operating an aircraft shall be
requirements.
required to conform to the safety and security requirements
currently applicable in relation to the provision of such
aeronautical service or the operation of an aircraft, which
shall be prescribed.
(2) Every person who is required to conform to the safety
and security requirements prescribed under subsection (1)
and fails to so conform, shall be liable to the payment of a
penalty as prescribed, provided such penalty does not exceed
a sum equivalent in Sri Lanka Rupees of ten thousand SDR.
(3) The Director General shall be responsible for the
collection of all penalties imposed under this section and
the monies so collected shall be credited to the Fund.
Civil Aviation Act, No. 14 of 2010 65
(4) The Director General shall at the time of imposing the
penalty referred to in subsection (2), require in writing the
person being penalized to take all measures necessary or
appropriate in order to secure due compliance with the safety
and security measures that were being violated by such
person, within such period of time as shall be specified.
(5) Where a person who is required to take measures to
secure due compliance with any safety and security measures
within the period specified under subsection (4), fails or
neglects to take such measures,the Authority or the Director
General, as the case may be, shall suspend or revoke any
licence issued to such person.
103. Any person who:— Offences.
(a) contravenes or fails to comply with any provision
of this Act or any regulation or rule made
thereunder;
(b) fails to comply with any implementing standard,
direction, directive, procedure or instruction issued
under any provisions of this Act or any regulations
or rules made thereunder; or
(c) obstructs or impedes any person in the exercise of
his powers or duties under this Act or under any
regulation, order, rule, standard or procedure,
shall be guilty of an offence under this Act and on conviction
be liable to a fine not exceeding the equivalent in Sri Lanka
Rupees of twenty-five thousand SDR or to imprisonment for
a term not exceeding two years or to both such fine and
imprisonment.
104. Any person who is guilty of an offence under this Penalties.
Act for which no penalty is expressly provided for by this
Act, shall on conviction be liable to a fine not exceeding the
equivalent in Sri Lanka Rupees of ten thousand SDR or to
imprisonment of either description for a term not exceeding
two years or to both such fine and imprisonment.
66 Civil Aviation Act, No. 14 of 2010
Offence 105. Where an offence under this Act is committed by a
committed by a body of persons, then—
body of persons.
(a) if that body of persons is a body corporate, every
person who at the time of the commission of the
offence was a Director, General Manager, Secretary
or other similar officer of that body ; or
(b) if that body is not a body corporate, every person
who at the time of the commission of the offence
was the President, Manager, Secretary or other
similar officer of that body,
shall be deemed to be guilty of that offence, unless he proves
that such offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission
of such offence.
Proof of 106. (1) Every document purporting to be an order or
documents. other instrument made or issued by the Minister, the
Authority or the Director General, as the case may be, under
this Act or under any regulation or rule made thereunder or
any implementing standards and signed by or on their behalf,
shall be received in evidence and shall, until the contrary
is proved, be deemed to be an order or instrument issued by
the Minister, Authority or the Director General, as the case
may be.
(2) Evidence of any order or instrument as referred to in
subsection (1) may in any legal proceedings, be given by
the production of a document certified to be a true copy of
the order or instrument, by or on behalf of the Minister,
Authority or the Director General, as the case may be.
Offences to be 107. (1) All offences under this Act shall be cognizable
cognizable offences for the purpose of the application of the provisions
offences and
of the Code of Criminal Procedure Act, No. 15 of 1979.
court in which
action for
offences may be (2) No Court shall take cognizance of any offence under
filed. this Act or any regulation or rule made thereunder, except
with the sanction of the Attorney- General.
Civil Aviation Act, No. 14 of 2010 67
(3) Notwithstanding anything to the contrary in the Code
of Criminal Procedure Act, No. 15 of 1979 or any other written
law, an action in respect of any offence committed under
this Act shall, on the determination of the Attorney-General,
be filed in the Magistrates Court of Colombo or upon an
indictment in the High Court of Sri Lanka holden in the
Judicial Zone of Colombo, as the case may be, and on
conviction the Court shall impose the punishment as set out
in this Act, for the commission of that offence.
108. (1) No action shall lie against an owner of an Trespass,
aircraft for trespass or nuisance, by reason only of the flight nuisance, and
responsibility
or any ordinary effects of the flight of such aircraft over any
for damage.
property at a height above the ground, which, having regard
to wind, weather and all the circumstances of the case is
reasonable, so long as the provisions of this Act and any
regulations, rules or implementing standards, directions,
directives, instructions or procedures made, thereunder or
issued have been duly complied with.
(2) Where any material damage or loss is caused by an
aircraft in flight, taking off or landing or by any person in
any such aircraft or by an article or a person falling off from
any such aircraft, to any person or property on land or water,
compensation in respect of such damage or loss shall be
recoverable from the owner of the aircraft without proof of
negligence or intention or other cause of action, as though
the same had been caused by his willful act, neglect or default,
except where the damage or loss was caused by or
contributed to, by the negligence of the person by whom the
same was suffered :
Provided that where the material damage or loss is caused
as aforesaid in circumstances in which:—
(a) some person other than the owner of the aircraft
would under any other law in force in Sri Lanka be
liable to pay compensation in respect of such
damage or loss ; and
68 Civil Aviation Act, No. 14 of 2010
(b) such compensation is recoverable and is recovered
from the owner of the aircraft by virtue only of the
provisions of this section,
the owner shall be entitled to be indemnified by that other
person in respect of the compensation so recovered from the
owner.
(3) Where any aircraft has been let or hired out for a period
exceeding fourteen days to any other person by the owner
thereof and no Pilot-in -Command, navigator or operating
member of the crew of the aircraft is in the employment of the
owner, this section shall be read and construed as though
the reference to the “owner” were a reference to the person
to whom the aircraft has been let or hired out.
CHAPTER XI
GENERAL
Director 109. (1) Notwithstanding anything to the contrary
General’s power contained in any provision of this Act, regulations or rules
to cancel
made thereunder or in the terms and conditions contained in
licences etc, in
certain any licence, certificate, permit, authorization or approval
circumstances. granted or issued under this Act, the Director General, in his
capacity as the designated Government Agent in Sri Lanka
responsible for national civil aviation security, shall have
the power to cancel with immediate effect any such licence,
certificate, permit, authorization or approval granted or
issued, whether the same has been granted or issued by
himself or the Authority, as the case may be, where he has
sufficient reason to believe that the holder of such licence,
certificate, permit, authorization or approval, as the case
may be, poses a threat to the national security or to the
national defence of Sri Lanka or where he was sufficient
reason to suspect that the holder of such licence, certificate,
permit, authorization or approval is likely to pose a threat to
the national security or to the national defence of Sri Lanka.
(2) The provisions of subsection (3) of section 26 and of
section 112 of this Act, shall not apply in respect of any
Civil Aviation Act, No. 14 of 2010 69
cancellation of a licence, certificate, permit, authorization
or approval done under subsection (1).
110. Where a licence, certificate, permit, authorization Changes taking
place in a body
or approval granted or issued under this Act has been granted
corporate or
or issued to a body corporate or a partnership and any change partnership to
takes place in the directorate of such body corporate or in which any
the partnership, should be communicated to the appropriate authority is
granted.
authority who issued such licence, certificate, permit,
authorization or approval, as the case may be, not more than
two weeks after such change takes place.
111. (1) There shall be charged annually from every Service charge
person who is authorized to provide any aeronautical service to be imposed.
or who is engaged in domestic or international commercial
air transportation, on a licence issued under this Act, a service
charge at such rates to be determined by the Minister by
Order published in the Gazette. The service charge imposed
under this subsection shall be in addition, and not in
derogation to the licence fee payable for any licences issued:
Provided however the Minister may exempt any public
corporation or a company in which the Government hold a
majority of shares, which is authorized to provide any
aeronautical service or who is engaged in domestic or
inernational commercial air transportation, from the payment
of the service charge imposed under this subsection.
(2) The service charge imposed under subsection (1) shall
be paid to the Director General, who shall maintain proper
records of all such payments received by him and shall credit
all monies collected to the Fund.
(3) Every person who fails to pay the service charge
required to be paid by such person under this section shall
be guilty of an offence under this Act and on conviction be
liable, in addition to any other punishment that shall be
imposed by court, to a suspension or cancellation, as the
case may be, of any licence or licences issued to that person
under this Act, notwithstanding anything to the contrary
contained in any other provisions of this Act.
70 Civil Aviation Act, No. 14 of 2010
Appeal 112. (1) A person who is aggrieved by any order or
procedure. decision made by the Director General or the Authority, as
the case may be, under this Act or any regulations or rules
made thereunder, may prefer an appeal in writing to the
Secretary to the Ministry of the Minister before the expiry of
thirty working days after the date on which such order or
decision is communicated to that person and the Secretary
shall in dealing with any appeal preferred to him under this
subsection, obtain the observations of the Director General
or the Authority, as the case may be, and after due inquiry,
affirm, vary or annul the order or decision against which the
appeal has been preferred.
(2) The decision of the Secretary to the Ministry of the
Minister upon an appeal preferred under subsection (1), shall
be final and conclusive and shall not be appealed against in
any court or tribunal.
Access to 113. Any person authorized by the Director General
authorized shall at all reasonable times, have access to any place to
persons.
which access is necessary for purpose of exercising and
discharging any powers and functions vested in him under
the provisions of this Act or any regulations or rules made
thereunder and have the authority to examine any documents
found in such place.
Coming into 114. An order or decision made by the Director General
force of any or the Authority as the case may be, under this Act or any
order or
regulations or rules made thereunder. shall come into force
decision of the
Director General on the date on which such order or decision is communicated
or the Authority. to the person concerned and shall, notwithstanding that an
appeal against such order or decision has been preferred to
the Secretary to the Ministry of the Minister under section
112, continue to be in force until a decision is made on the
appeal by the Secretary.
Prohibition 115. (1) A licence, certificate, permit, authorization or
against transfer approval granted or issued under this Act to any person,
of licence & c.
shall not be:—
(a) transferable to any other person ; or
Civil Aviation Act, No. 14 of 2010 71
(b) used for the benefit of any other person.
(2) Any transfer or use of a licence, certificate, permit,
authorization or approval done in contravention of the
provision of subsection (1), shall be null and void.
116. (1) The Authority shall establish a State Safety Establishment of
Program with a view to integrating diverse and a State Safety
Program and a
multi-disciplinary aviation activities conducted in terms of
Safety Data
this Act or any rules or regulations made thereunder into a Collection and
coherent program, setting out safety indicators, safety targets Processing
to be maintained to achieve an acceptable level of safety, as System.
may be determined by the Authority.
(2) The Authority shall establish and maintain a Safety
Data Collection and Processing System, for the purpose of
protecting all such information that is received by the
Authority or the Director General, as the case may be, in the
course of the exercise and discharge of its or his powers and
function, under this Act and the Civil Aviation Authority of
Sri Lanka Act, as the case may be.
117. (1) The Minister may, taking into consideration Regulations.
the interest of the national economy and the national security
of the State, make regulations in respect of all or any matter
required by this Act to be prescribed and in respect of which
regulations are authorized by this Act to be made.
(2) Without prejudice to the generality of the powers
conferred by subsection (1) and subject to the provisions of
subsections (3) and (4) of this section, regulations may be
made by the Minister for or in respect in all or any of the
following matters :—
(a) carrying out the provisions of the Convention, any
Annex thereto relating to international standards
and recommended practices (being an Annex
adopted in accordance with the Convention and
any amendment to the Convention) ;
72 Civil Aviation Act, No. 14 of 2010
(b) issue of Certificates of Airworthiness and the terms
and conditions subject to which such Certificates
may be issued ;
(c) licencing, inspection, regulation and control of
Aerodromes and the classification of Aerodromes
for the purpose of issue of licences ;
(d) access to Aerodromes and places where aircraft land
and to aircraft factories, for the purpose of
inspection and the prohibition of trespassing on
aerodromes ;
(e) employment of persons in or in connection with
air navigation and the licensing of those employed
at licensed Aerodromes in the inspection or
supervision of aircraft ;
(f) conditions under which aircraft entering or leaving
Sri Lanka may fly and the conditions under which
an aircraft may fly from one part of Sri Lanka to
another part of Sri Lanka ;
(g) conditions under which passengers and goods may
be carried by air and aircraft may be used for other
commercial, industrial or gainful purposes and
specifying goods that are prohibited from being
carried by air ;
(h) prevention of interference with the use or
effectiveness of apparatus used in connection with
air navigation, the prohibition or regulation of the
use of such apparatus and the display of signs and
lights liable to endanger aircraft ;
(i) safety, efficiency and regularity of air navigation,
safety of aircraft and of persons and property carried
therein, the prevention of aircraft from endangering
other persons and property and the detention of
aircraft for any of the purposes specified in this
paragraph ;
Civil Aviation Act, No. 14 of 2010 73
(j) safety oversight of civil aviation and matters
connected therewith ;
(k) payment of compensation to any officer or servant
of the Authority where death or injury is caused as
a direct result of an aircraft accident or incident or
inspection conducted by such officer or servant in
the performance of his or her duties ;
(l) supply of meteorological information for the
purpose of air navigation by persons engaged in or
employed in or in connection with, such air
navigation;
(m) regulation of the making of signals and other
communications by or to aircraft and persons carried
therein ;
(n) regulation of the use of the civil air ensign and any
other ensign established by the Minister for purposes
connected with air navigation ;
(o) prevention of smuggling by air ;
(p) manner and conditions relating to the issue,
validation, renewal, extension or variation of any
certificate, licence, permit or other document
required to be issued under this Act or under any
regulation or rule made thereunder and the form,
custody, production, cancellation, suspension,
endorsement and surrender of any such document ;
(q) regulation of the charges that may be made for the
use of Aerodromes and for services provided at such
Aerodromes ;
(r) regulation of the charges that may be made from
overflying aircraft for the use of air navigation
services or facilities provided by State or any
Aerodrome in Sri Lanka ;
74 Civil Aviation Act, No. 14 of 2010
(s) prescribing the fees to be paid in respect of the
issue, validation, renewal, extension, or variation
of any certificate, licence, permit or other document
or the undergoing of any examination or test
required by this Act or any regulations or rules made
thereunder ;
(t) the regulation and control of the conditions under
which noise and vibration may be caused by aircraft
on Aerodromes ; and
(u) classification of commercial air transportation.
(3) Without prejudice to the generality of the powers
hereinbefore conferred, any regulations made under this Act
may provide for:—
(a) different provisions with reference to different
classes of aircraft, Aerodromes, persons or property
and with respect to different circumstances and
different areas of Sri Lanka but shall, to the extent
that it is practicable, be made so as not to
discriminate in like circumstances between aircraft
registered in Sri Lanka operated on charter terms
by one air transport undertaking and such aircraft
so operated by another such undertaking ;
(b) the application of such regulations in respect of all
aircrafts registered in Sri Lanka, wherever they may
be ;
(c) the prohibition or regulation of carrying on certain
activities by any persons in or members of the crew,
of an aircraft registered in Sri Lanka wherever they
may be ; and
(d) the prohibition or regulation of doing anything in
relation to an aircraft registered in Sri Lanka by any
person other than any personnel authorized under
the provisions of this Act.
Civil Aviation Act, No. 14 of 2010 75
(4) Any regulations made under this Act in relation to
aircraft, may also provide for the detention of an aircraft to
secure compliance with such regulation or with any
provisions of this Act and may make such further provision
as appears to the Minister to be necessary or expedient for
securing such detention.
118. The Minister in charge of the subject of Finance Regulations to
be made by the
may in consultation with the Minister, make regulations for
Minister of
and in respect of all or any of the following matters :— Finance.
(a) the sale of passenger tickets for travel by aircraft
and the booking of passage for travel by aircraft ;
(b) the collection of freight charges on exports by
aircraft ;
(c) the collection of freight charges on imports by
aircraft, where contract for such carriage of freight
is made in Sri Lanka ;
(d) the furnishing of statements or declarations by
holders of licences issued under section 99 that
may become necessary to ensure that the regulations
made under section 117 are complied with,
including such details as to:—
(i) the traffic documents issued during any
month, whether or not any cash collections
were involved in such issue ;
(ii) the total cash collection effected in any
month from sale of passenger tickets and from
freight charges ; and
(iii) refunds granted against air transportation
documents issued in Sri Lanka.
76 Civil Aviation Act, No. 14 of 2010
Gazetting of 119. (1) Every regulation made by the Minister and the
regulations
made under Minister in charge of the subject of Finance, under sections
sections 117 and 117 and 118 of this Act shall be published in the Gazette
118. and shall come into operation on the date of such
publication, or on such later date as may be specified in the
regulation.
(2) Every regulation published under subsection (1) shall,
as soon as convenient after its publication in the Gazette, be
brought before Parliament for approval. Any such regulation
which is not so approved shall deemed to be rescinded as
from the date of its disapproval, but without prejudice to
anything previously done thereunder.
(3) Notification of the date on which any regulation made
by the Minister is so deemed to be rescinded, shall be
published in the Gazette.
Power to issue 120. (1) The Director-General shall have the power to
implementing issue whenever he considers it necessary or appropriate to
standards.
do so, such implementing standards for the purpose of giving
effect to any of the provisions of this Act, including the
Articles of the Convention specified in the Schedule to this
Act or any regulations or rules made thereunder.
(2) It shall be the duty of all persons in respect of whom
any implementing standards are issued under subsection (1),
to comply with the same.
Director General 121. The Director General shall have the power to issue
to issue general
to all operators and licence holders providing aeronautical
or special
directions. services, such general or special directions in regard to any
matter connected with or relating to the maintenance of
public safety and welfare of the citizens of Sri Lanka and it
shall be the duty of all such operators and licence holders, as
the case may be, to comply with such directions.
Civil Aviation Act, No. 14 of 2010 77
122. (1) The Authority may make rules in respect of all Rules.
or any of the matters in respect of which rules are authorized
or required by this Act to be made.
(2) No rule made by the Authority under subsection (1)
shall have effect until it has been approved by the Minister,
and notification of such approval is published in the Gazette.
123. The equivalent in Sri Lanka Rupees of SDR for Equivalent of
SDR in rupees.
purpose of imposing a fine for an offence committed under
this Act, shall be made on the basis of the value of the rupee
determined in terms of SDR, for the date preceding the date
of the commission of the the offence in respect of which
such fine is being imposed.
124. (1) In this Act, unless the context otherwise Interpretation.
required—
“aerial work” means aircraft operations in which an
aircraft is used for purposes of agriculture,
construction, photography, surveying, observation
and patrol, search and rescue operations, aerial
advertisement, broadcasting or communication,
production of air turbulence, flying training, flower
dropping and emergency operations ;
“Aerodrome” means any defined land or water area
intended to be used, whether wholly or partly, for
the landing and departure of aircraft and all
buildings, sheds, vessels, piers and other structures
standing thereon or appertaining thereto ;
“Air Navigation Act” means the Air Navigation Act
(Chapter 365) and includes the Air Navigation
(Special Provisions) Act, No. 55 of 1992 ;
“air navigation services” means navigational aids and
navigational facilities;
78 Civil Aviation Act, No. 14 of 2010
“air traffic control” means a service provided for the
purpose of—
(a) preventing collisions:—
(i) between aircrafts ;
(ii) on the manoeuveing area between aircrafts
and obstructions; and
(b) expediting and maintaining an orderly flow of
air traffic ;
“aircraft” means any machine that can derive support
in the atmosphere from the aerodynamic reactions
of the air, other than the reactions of the air against
the earth’s surface ;
“Authority” means the Civil Aviation Authority of Sri
Lanka, established by the Civil Aviation Authority
of Sri Lanka Act, No. 34 of 2002;
“authorized security personnel” means a member of
the Security Services maintained by a Service
Provider to whom a licence is issued by the Director
General for the provision and maintenance of an
aviation security service and includes any member
of the Armed Forces or Police Force, who is
performing or is called upon to perform duties
within the airport ;
“business of air transportation” means the making
available (as the operator of an aircraft or as a
principal or agent) of any accommodation for the
carriage of persons, cargo or mail, on flight by
aircraft (whether registered in Sri Lanka or not) in
any part of the world, including flights to and from
the territory of Sri Lanka ;
“Civil Aviation Authority of Sri Lanka Act” means
the Civil Aviation Authority of Sri Lanka Act, No.
34 of 2002 ;
Civil Aviation Act, No. 14 of 2010 79
“Convention” means the Convention on International
Civil Aviation which was signed at Chicago on the
7th day of December, 1944, as amended by any
subsequent Convention or Agreement and includes
any Annex attached to such Convention ;
“dangerous goods” means any substances or articles
which are capable of posing a risk to health, safety,
property or the environment and which are shown
in the list of dangerous goods specified in the
Technical Instructions issued by International Civil
Aviation Organization or which are classified as
dangerous goods, according to such Technical
Instructions ;
“Director General” means the Director General of Civil
Aviation appointed under section 11 of the Civil
Aviation Authority of Sri Lanka Act, No. 34 of 2002 ;
“foreign aircraft” means an aircraft which is not
registered in Sri Lanka under this Act ;
“Fund” means the Fund of the Authority established
by section 12 of the Civil Aviation Authority of
Sri Lanka Act ;
“ground handling services” means services necessary
for an aircraft’s arrival at and departing from an
Aerodrome, other than air traffic services ;
“military aircraft” means an aircraft used or operated
for or on behalf of a State for purposes other than
the carriage of passengers or cargo for hire or reward;
“National Aviation Policy” means the National Policy
on Aviation formulated and adopted by the Cabinet
of Ministers ;
“navigational aids” means visual and non-visual-
navigational aids along an air route, visual and non-
visual aids to approaching and landing at
Aerodromes and includes communication services,
meteorological services and air traffic control
services ;
80 Civil Aviation Act, No. 14 of 2010
“navigational facilities” means facilities provided to
permit safe navigation of aircraft and includes visual
and non-visual navigational aids ;
“operator” means a person, organization or an
enterprise engaged in or offering to engage in
aircraft operations and includes any person who
causes or authorizes the operation of an aircraft,
whether with or without the control (in the capacity
of a owner, lessee, or otherwise) of the aircraft ;
“operator of the Aerodrome” means, in relation to any
premises used or appropriated for use as an
Aerodrome, the person maintaining or operating or
is authorized to maintain and operate an Aerodrome
in those premises or in the case of an Aerodrome
which is established or maintained by or on behalf
of the Government, the Service Provider so
appointed for that purpose ;
“Regional Air Navigation Plan” means a plan of routes,
facilities and services agreed to by Governments at
any Regional Air Navigation Conference and
approved by the Council of the International Civil
Aviation Organization ;
“SARPS”means Standards and Recommended
Practices adopted by the Council of the
International Civil Aviation Organization under
Article 37 of the Convention ;
“SDR” means Special Drawing Rights defined by the
International Monetary Fund ;
“standards” means:—
(a) international standards adopted by the Council
of the International Civil Aviation Organization
Civil Aviation Act, No. 14 of 2010 81
under Article 37 of the Convention and to which
Sri Lanka has not filed differences under Article
38 of the Convention ; and
(b) the Recommended Practices adopted by the
Council of the International Civil Aviation
Organization under Article 37 of the Convention
and which have been duly implemented in
Sri Lanka;
“State Party to the Convention” means a State that
has ratified or has adhered to the Convention ;
“territory of Sri Lanka” means the land area, internal
waters and the territorial waters of Sri Lanka and
includes the air space above such areas.
(2) Any reference in this Act to “goods or articles” shall
be construed as including a reference to mail or to animals
and any reference in this Act to any “country or territory”
shall, unless the context otherwise requires, be construed as
including a reference to the territorial waters, if any, adjacent
to that country or territory.
(3) In this Act, the expression “purposes of civil aviation”
includes all purposes connected with air navigation, except
any purpose connected to the defence of Sri Lanka by air.
125. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.
126. (1) The provisions of:— Repeal and
savings
provisions.
(a) the Air Navigation Act, (Chapter 365), other than
the provisions contained in Part III of that Act; and
(b) the Air Navigation (Special Provisions) Act, No. 55
of 1992, other than Part II of that Act, are hereby
repealed.
82 Civil Aviation Act, No. 14 of 2010
(2) Notwithstanding the repeal of the provisions referred
to in subsection (1):—
(a) all activities connected with the provision of
aeronautical services that are being carried on by
the Agent by virtue of the powers vested in such
Agent under the repealed provisions, shall be
continued to be carried on by such Agent until it is
issued with such appropriate licences in its capacity
as the Statutory Service Provider under subsection
(1) of section 127 ;
(b) every regulation or Order made under any of the
repealed provisions and in force on the appointed
date, in so far as such regulation or Order is not
inconsistent with the provisions of this Act, shall
be deemed to be a regulation or Order made under
this Act and may be amended or rescinded by any
regulation or Order made under this Act ;
(c) every licence or Certificate issued or rendered valid
under any repealed provisions or any regulation
made there under and in force on the appointed
date, shall be deemed to be a licence or Certificate
issued under this Act and shall be valid and effectual
until the expiry of the period for which such licence
or Certificate was issued or was rendered valid ;
(d) every approval granted and every designation,
authorization or appointment made, directives,
circulars, manuals, instructions and any other
publications issued, boards or any other bodies
established, under any regulation made under any
of the repealed provisions, shall be deemed to be
granted, made or issued under this Act and shall,
unless otherwise cancelled or rendered invalid,
continue to be in force ; and
(e) every decree, order or award entered or made in
favour of or against Department of Civil Aviation
by any Court or tribunal or other body in any action,
Civil Aviation Act, No. 14 of 2010 83
matter, proceeding or thing shall, with effect from
the appointed date, be deemed to be a decree, order
or award entered or made in favour of or against the
Authority and may be enforced accordingly.
127. (1) Notwithstanding the provisions of section 6 of Provisions
relating to the
this Act, the Agent appointed under section 21A of the Air
Agent appointed
Navigation Act (Chapter 365), shall, on and after the under section
appointed date, be deemed to be a Service Provider (in this 21A of the Air
Act referred to as the “Statutory Service Provider”) for the Navigation Act,
purposes of this Act and shall be issued with all the relevant (Chapter 365).
licences required to be issued under this Act, to enable such
Statutory Service Provider to provide the aeronautical
services such Agent was engaged in providing as on such
appointed date. The provisions of this Act pertaining to the
requirements imposed on those to whom a licence is issued
under this Act, shall apply to and in respect of all licences
issued to such Statutory Service Provider.
(2) The Minister shall cause an Order pertaining to the
appointment of the Statutory Service Provider to be
published in the Gazette.
(3) The issue of any licences to the Statutory Service
Provider under subsection (1) of this section, shall not in
any way affect or prejudice any duty cast on such Statutory
Service Provider to fulfill any obligations that may have
been imposed upon such Statutory Service Provider in its
capacity as the Agent appointed under section 21A of the
Air Navigation Act (Chapter 365), prior to the appointed
date.
128. On the issue of the licences to the Statutory Service Withholding of
Provider under subsection (1) of section 127 of this Act, the properties by the
Statutory
Authority shall grant permission in writing to the Statutory
Service
Service Provider to withhold any immovable properties that Provider.
were in its possession in its capacity as Agent as on the
appointed date, to enable such Statutory Service Provider
to provide any aeronautical service or any other service
which is connected with or incidental to the provision of
such aeronautical service.
84 Civil Aviation Act, No. 14 of 2010
SCHEDULE [Section 2]
ARTICLES OF THE CONVENTION RELATING TO SAFETY,
REGULARITY, EFFICIENCY AND SECURITY OF
CIVIL AVIATION
ARTICLE 1 – SOVEREIGNTY
The Contracting States recognize that every State has complete
and exclusive sovereignty over the airspace above its territory.
ARTICLE 2 – TERRITORY
For the purposes of this Convention the territory of a State shall be
deemed to be the land areas and territorial waters adjacent thereto
under the sovereignty, suzerainty, protection or mandate of such
State.
ARTICLE 3 – CIVIL AND STATE AIRCRAFTS
(a) This Convention shall be applicable only to civil aircraft,
and shall not be applicable to state aircraft.
(b) Aircraft used in military, customs and police services shall
be deemed to be state aircraft;
(c) No state aircraft of a Contracting State shall fly over the
territory of another State or land thereon without
authorization by special agreement or otherwise, and in
accordance with the terms thereof.
(d) The Contracting State undertake, when issuing regulations
for their state aircraft, that they will have due regard for the
safety of navigation of civil aircraft.
ARTICLE 3 bis
(a) The Contracting States recognize that every State must refrain
from resorting to the use of weapons against civil aircraft
in flight and that, in case of interception, the lives of persons
on board and the safety of aircraft must not be endangered.
This provision shall not be interpreted as modifying in any
way the rights and obligations of States set forth in the
Charter of the United Nations;
(b) The Contracting States recognize that every State, in the
exercise of its sovereignty, is entitled to require the landing
at some designated airport of a civil aircraft flying above
its territory without authority or if there are reasonable
Civil Aviation Act, No. 14 of 2010 85
grounds to conclude that it is being used for any purpose
inconsistent with the aims of this Convention; it may also
give such aircraft any other instructions to put an end to
such violations. For this purpose, the Contracting States
may resort to any appropriate means consistent with relevant
rules of international law, including the relevant provisions
of this Convention, specifically paragraph (a) of this Article.
Each Contracting State agrees to publish its regulations in
force regarding the interception of civil aircraft;
(c) Every civil aircraft shall comply with an order given in
conformity with paragraph (b) of this Article. To this end
each Contracting State shall establish all necessary provisions
in its national laws or regulations to make such compliance
mandatory for any civil aircraft registered in that State or
operated by an operator who has his principal place of
business or permanent residence in that State. Each
Contracting State shall make any violation of such applicable
laws or regulations punishable by severe penalties and shall
submit the case to its competent authorities in accordance
with its laws or regulations;
(d) Each Contracting State shall take appropriate measures to
prohibit the deliberate use of any civil aircraft registered in
that State or operated by an operator who has his principal
place of business or permanent residence in that State for
any purpose inconsistent with the aims of this Convention.
This provision shall not affect paragraph (a) or derogate
from paragraphs (b) and (c) of this Article.
ARTICLE 4 – MISUSE OF CIVIL AVIATION
Each Contracting State agrees not to use civil aviation for any
purpose inconsistent with the aims of this Convention.
ARTICLE 5 – RIGHT OF NON-SCHEDULED FLIGHT
Each Contracting State agrees that all aircraft of the other
Contracting States, being aircraft not engaged in scheduled international
air services, shall have the right, subject to the observance of the
terms of this Convention, to make flights into or in transit non-stop
across its territory and to make stops for non-traffic purposes without
the necessity of obtaining prior permission, and subject to the right of
the State flown over to require landing. Each Contracting State
nevertheless reserves the right, for reasons of safety of flight, to
require aircraft desiring to proceed over regions which are inaccessible
or without adequate air navigation facilities, to follow prescribed
86 Civil Aviation Act, No. 14 of 2010
routes or to obtain special permission for such flights. Such aircraft,
if engaged in the carriage of passengers, cargo or mail for remuneration
or hire on other than scheduled international air services, shall also,
subject to the provisions of Article 7, have the privilege of taking on
or discharging passengers, cargo or mail, subject to the right of any
State where such embarkation or discharge takes place, to impose
such regulations, conditions or limitations as it may consider desirable.
ARTICLE 6 – SCHEDULED AIR SERVICES
No scheduled international air service may be operated over or
into the territory of a Contracting State, except with the special
permission or other authorization of that State, and in accordance
with the terms of such permission or authorization.
ARTICLE 7 – CABOTAGE
Each Contracting State shall have the right to refuse permission to
aircraft of any other Contracting States to take on in its territory
passengers, mail and cargo carried for remuneration or hire and
destined for another point within its territory. Each Contracting State
undertakes not to enter into any arrangements, which specifically
grant any such privilege on an exclusive basis to any other State or an
airline of any other State, and not to obtain any such exclusive privilege
from any other State.
ARTICLE 8 – PILOTLESS AIRCRAFT
No aircraft capable of being flown without a pilot shall be flown
without a pilot over the territory of a Contracting State without special
authorization by that State and in accordance with the terms of such
authorization. Each Contracting State undertakes to insure that the
flight of such aircraft without a pilot in regions open to civil aircraft,
shall be so controlled as to obviate danger to civil aircraft.
ARTICLE 9 – PROHIBITED AREAS
(a) Each contracting State may, for reasons of military necessity
or public safety, restrict or prohibit uniformly the aircraft
of other States from flying over certain areas of its territory,
provided that no distinction in this respect is made between
the aircraft of the State whose territory is involved or
engaged in scheduled international airline services, and the
aircraft of the other Contracting States likewise engaged.
Such prohibited areas shall be of reasonable extent and
location so as not to interfere unnecessarily with air
navigation. Descriptions of such prohibited areas in the
territory of a Contracting State, as well as any subsequent
alterations therein, shall be communicated as soon as
Civil Aviation Act, No. 14 of 2010 87
possible to the other Contracting States and to the
International Civil Aviation Organization.
(b) Each Contracting State reserves also the right, in exceptional
circumstances or during a period of emergency, or in the
interest of public safety, and with immediate effect,
temporarily to restrict or prohibit flying over the whole or
any part of its territory, on condition that such restriction
or prohibition shall be applicable without distinction of
nationality, to aircraft of all other States.
(c) Each Contracting State, under such regulations as it may
prescribe, may require any aircraft entering the areas
contemplate in subparagraphs (a) or (b) above to effect a
landing as soon as practicable thereafter, at some designated
airport within its territory.
ARTICLE 10 – LANDING AT CUSTOMS AIRPORT
Except in a case where, under the terms of this Convention or a
special authorization, aircraft are permitted to cross the territory of a
Contracting State without landing, every aircraft which enters the
territory of a Contracting State shall, if the regulations of that State so
require, land at an airport designated by that State for the purpose of
customs and other examination. On departure from the territory of a
Contracting State, such aircraft shall depart from a similarly designated
customs airport. Particulars of all designated customs airports shall be
published by the State and transmitted to the International Civil
Aviation Organization established under Part II of this Convention,
for communication to all other contracting States.
ARTICLE 11 – APPLICABILITY OF AIR REGULATIONS
Subject to the provisions of this Convention, the laws and
regulations of a Contracting State relating to the admission to or
departure from its territory aircraft engaged in international air
navigation or to the operation and navigation of such aircraft while
within its territory, shall be applied to the aircraft of all Contracting
States without distinction as to nationality, and shall be complied with
by such aircraft upon entering or departing from or while within the
territory of that State.
ARTICLE 12 – RULES OF THE AIR
Each Contracting State undertakes to adopt measures to insure
that every aircraft flying over or maneuvering within its territory and
that every aircraft carrying its nationality mark, wherever such aircraft
may be, shall comply with the rules and regulations relating to the
flight and maneuver of aircraft there in force. Each Contracting State
88 Civil Aviation Act, No. 14 of 2010
undertakes to keep its own regulations in these respects uniform to
the greatest possible extent, with those established from time to time
under this Convention. Over the high seas, the rules in force shall be
those established under this Convention. Each Contracting State
undertakes to insure the prosecution of all persons violating the
regulations applicable.
ARTICLE 13 – ENTRY AND CLEARANCE REGULATIONS
The laws and regulations of a Contracting State as to the admission
to or departure from its territory of passengers, crew or cargo of
aircraft, such as regulations relating to entry, clearance, immigration,
passports, customs and quarantine, shall be complied with by or on
behalf of such passengers, crew or cargo upon entrance into or
departure from, or while within the territory of the State.
ARTICLE 14 – PREVENTION OF SPREAD OF DISEASE
Each Contracting State agrees to take effective measurers to prevent
the spread by means of air navigation of cholera, typhus (epidemic),
smallpox, yellow fever, plague, and such other communicable diseases
as the Contracting States shall from time to time decide to designate,
and to that end Contracting States will keep in close consultation with
the agencies concerned with international regulations relating to
sanitary measures applicable to aircraft. Such consultation shall be
without prejudice to the application of any existing international
convention on the subject, to which the Contracting States may be
parties.
ARTICLE 15 – AIRPORT AND SIMILAR CHARGES
Every airport in a Contracting State which is open to public use by
its national aircraft shall likewise, subject to the provisions of Article
68, be open under uniform conditions to the aircraft of all the other
Contracting States. The like uniform conditions shall apply to the use,
by aircraft of every Contracting State, of all air navigation facilities,
including radio and meteorological services, which may be provided
for public use for the safety and expedition of air navigation. Any
charges that may be imposed or permitted to be imposed by a
Contracting State for the use of such airports and air navigation
facilities by the aircraft of any other Contracting State, shall not be
higher:—
(a) as to aircraft not engaged in scheduled international air
services, than those that would be paid by its national aircraft
of the same class engaged in similar operation; and
(b) as to aircraft engaged in scheduled international air services,
than those that would be paid by its national aircraft engaged
in similar international air services.
Civil Aviation Act, No. 14 of 2010 89
All such charges shall be published and communicated to the
International Civil Aviation Organization :
provided that, upon representation by an interested Contracting
State, the charges imposed for the use of airports and other facilities
shall be subject to review by the Council, which shall report and
make recommendations thereon for the consideration of the State or
States concerned. No fees, dues or other charges shall be imposed by
any Contracting State in respect solely of the right of transit over or
entry into or exit form its territory of any aircraft of a Contacting
State or persons or property thereon.
ARTICLE 16 – SEARCH OF AIRCRAFT
The appropriate authorities of each of the Contracting States shall
have the right, without unreasonable delay, to search aircraft of the
other contracting States on landing or departure and to inspect the
certificates and other documents prescribed by this Convention.
ARTICLE 17 – NATIONALITY OF AIRCRAFT
Aircraft have the nationality of the State in which they are
registered.
ARTICLE 18 – DUAL REGISTRATION
An aircraft cannot be validly registered in more than one State,
but its registration may be changed from one State to another.
ARTICLE 19 – NATIONAL LAWS GOVERNING REGISTRATION
The registration or transfer of registration of aircraft in any
Contracting State, shall be made in accordance with its laws and
regulations.
ARTICLE 20 – DISPLAY OF MARKS
Every aircraft engaged in international air navigation shall bear its
appropriate nationality and registration marks.
ARTICLE 21 – REPORT OF REGISTRATIONS
Each Contracting State undertakes to supply to any other Contracting
State or to the International Civil Aviation Organization, on demand,
information concerning the registration and ownership of any
particular aircraft registered in that State. In addition, each Contracting
State shall furnish reports to the International Civil Aviation
Organization, under such regulations as the latter may prescribe,
giving such pertinent data as can be made available concerning the
ownership and control of aircraft registered in that State and habitually
engaged in international air navigation. The data thus obtained by the
International Civil Aviation Organization shall be made available by
it on request to the other Contracting States.
90 Civil Aviation Act, No. 14 of 2010
ARTICLE 22 – FACILITATION OF FORMALITIES
Each Contracting State agrees to adopt all practicable measures,
through the issuance of special regulations or otherwise, to facilitate
and expedite navigation by aircraft between the territories of
Contracting States and to prevent unnecessary delays to aircraft, crews,
passengers and cargo, especially in the administration of the laws
relating to immigration, quarantine, customs and clearance.
ARTICLE 23 – CUSTOMS AND IMMIGRATION PROCEDURES
Each Contracting State undertakes, so far as it may find practicable,
to establish customs and immigration procedures affecting international
air navigation in accordance with the practices which may be established
or recommended from time to time, pursuant to this Convention.
Nothing in this Convention shall be construed as preventing the
establishment of customs-free airports.
ARTICLE 24 – CUSTOMS DUTY
Aircraft on a flight to, from, or across the territory of another
Contracting State shall be admitted temporarily free of duty, subject
to the customs regulations of the State. Fuel, lubricating oils, spare
parts, regular equipment and aircraft stores on board an aircraft of a
Contracting State, on arrival in the territory of another Contracting
State and retained on board on leaving the territory of that State shall
be exempt from customs duty, inspection fees or similar national or
local duties and charges. This exemption shall not apply to any
quantities or articles unloaded, except in accordance with the customs
regulations of the State, which may require that they shall be kept
under customs supervision.
Spare parts and equipment imported into the territory of a
Contracting State for incorporation in or use on an aircraft of another
Contracting State engaged in international air navigation shall be
admitted free of customs duty, subject to compliance with regulations
of the State concerned, which may provide that the articles shall be
kept under customs supervision and control.
ARTICLE 25 – AIRCRAFT IN DISTRESS
Each Contracting State undertakes to provide such measures of
assistance to aircraft in distress in its territory as it may find practicable,
and to permit, subject to control by its own authorities, the owners of
the aircraft or authorities of the State in which the aircraft is registered,
to provide such measures of assistance as may be necessitated by the
circumstances. Each Contracting State, when undertaking search for
missing aircraft, will collaborate in coordinated measures which may
be recommended from time to time, pursuant to this Convention.
Civil Aviation Act, No. 14 of 2010 91
ARTICLE 26 – INVESTIGATION OF ACCIDENTS
In the event of an accident to an aircraft of a Contracting State
occurring in the territory of another Contracting State and involving
death or serious injury or indicating serious technical defect in the
aircraft or air navigation facilities, the State in which the accident
occurs will institute an inquiry into the circumstances of the accident,
in accordance, so far as its laws permit, with the procedure which may
be recommended by the International Civil Aviation Organization.
The State in which the aircraft is registered shall be given the
opportunity to appoint observers to be present at the inquiry and the
State holding the inquiry shall communicate the report and findings
in the matter to that State.
ARTICLE 27 – EXEMPTION FROM SEIZURE ON PATENT CLAIMS
(a) While engaged in international air navigation, any
authorized entry of aircraft of a Contracting State into the
territory of another Contracting State or authorized transit
across the territory of such State with or without landings,
shall not entail any seizure or detention of the aircraft or
any claim against the owner or operator thereof or any
other interference therewith by or on behalf of such State
or any person therein, on the ground that the construction,
mechanism, parts, accessories or operation of the aircraft is
an infringement of any patent, design, or model duly granted
or registered in the State whose territory is entered by the
aircraft, it being agreed that no deposit of security in
connection with the foregoing exemption from seizure or
detention of the aircraft, shall in any case be required in the
State entered by such aircraft.
(b) The provisions of paragraph (a) of this Article shall also be
applicable to the storage of spare parts and spare equipment
for the aircraft and the right to use and install the same in
the repair of an aircraft of a Contracting State in the territory
of any other Contracting State, provided that any patented
part or equipment so stored shall not be sold or distributed
internally in or exported commercially from the Contracting
State entered by the aircraft.
(c) The benefits of this Article shall apply only to such States
parties to this Convention, as either:—
(1) are parties to the International Convention for the
Protection of Industrial Property and to any
amendments thereof; or
92 Civil Aviation Act, No. 14 of 2010
(2) have enacted patent laws which recognize and give
adequate protection to inventions made by the
nationals of the other States parties to this
Convention.
ARTICLE 28 – AIR NAVIGATION FACILITIES AND STANDARD SYSTEMS
Each Contracting State undertakes, so far as it may find practicable,
to —
(a) provide in its territory, airports, radio services,
meteorological services and other air navigation facilities
to facilitate international air navigation, in accordance with
the standards and practices recommended or established
from time to time, pursuant to this Convention;
(b) adopt and put into operation the appropriate standard
systems of communications procedure, codes, markings,
signals, lighting and other operational practices and rules
which may be recommended or established from time to
time, pursuant to this Convention;
(c) collaborate in international measures to secure the
publication of aeronautical maps and charts in accordance
with standards, which may be recommended or established
from time to time, pursuant to this Convention.
ARTICLE 29 – DOCUMENTS CARRIED IN AIRCRAFT
Every aircraft of a Contracting State, engaged in international
navigation, shall carry the following documents in conformity with
the conditions prescribed in this Convention :—
(a) its certificate of registration ;
(b) its certificate of airworthiness;
(c) the appropriate licenses for each member of the crew;
(d) its journey log book;
(e) if it is equipped with radio apparatus, the aircraft radio
station license;
(f) if it carries passengers, a list of their names and places of
embarkation and destination;
(g) if it carries cargo, a manifest and detailed declarations of
the cargo.
Civil Aviation Act, No. 14 of 2010 93
ARTICLE 30 – AIRCRAFT RADIO EQUIPMENT
(a) Aircraft of each Contracting State may, in or over the
territory of other Contracting States, carry radio transmitting
apparatus only if a license to install and operate such
apparatus has been issued by the appropriate authorities of
the State in which the aircraft is registered. The use of radio
transmitting apparatus in the territory of the Contracting
State whose territory is flown over, shall be in accordance
with the regulations prescribed by that State.
(b) Radio transmitting apparatus may be used only by members
of the flight crew who are provided with a special license
for the purposes, issued by the appropriate authorities of
the State in which the aircraft is registered.
ARTICLE 31 – CERTIFICATES OF AIRWORTHINESS
Every aircraft engaged in international navigation shall be provided
with a certificate of airworthiness issued or rendered valid by the
State in which it is registered.
ARTICLE 32 – LICENSES OF PERSONNEL
(a) The pilot of every aircraft and the other members of the
operating crew of every aircraft engaged in international
navigation, shall be provided with certificates of competency
and licenses issued or rendered valid by the State in which
the aircraft is registered.
(b) Each Contracting State reserves the right to refuse to
recognize, for the purpose of flight above its own territory,
certificates of competency and licenses granted to any of
its nationals by another Contracting State.
ARTICLE 33 – RECOGNITION OF CERTIFICATES AND LICENSES
Certificates of airworthiness and certificates of competency and
licenses issued or rendered valid by the Contracting State in which the
aircraft is registered, shall be recognized as valid by the other
Contracting States, provided that the requirements under such
certificates or licenses were issued or rendered valid are equal to or
above the minimum standards which may be established from time to
time, pursuant to this Convention
ARTICLE 34 – JOURNEY LOGBOOKS
There shall be maintained in respect every aircraft engaged in
international navigation, a journey log book in which shall be entered
particulars of the aircraft, its crew and of each journey, in such form
as may be prescribed from time to time, pursuant to this Convention.
94 Civil Aviation Act, No. 14 of 2010
ARTICLE 35 – CARGORESTRICTIONS
(a) No munitions of war or implements of war may be carried
in or above the territory of a State in aircraft engaged in
international navigation, except by permission of such State.
Each State shall determine by regulations what constitutes
munitions of war or implements of war for the purposes of
this Article, giving due consideration, for the purposes of
uniformity, to such recommendations as the International
Civil Aviation Organization may from time to time make.
(b) Each Contracting State reserves the right, for reasons of
public order and safety, to regulate or prohibit the carriage
in or above its territory, of articles other than those
enumerated in paragraph (a):
provided that no distinction is made in this respect
between its national aircraft engaged in international
navigation and the aircraft of the other States so engaged :
and provided further that no restriction shall be imposed
which may interfere with the carriage and use on aircraft of
apparatus necessary for the operation or navigation of the
aircraft or the safety of the personnel or passengers.
ARTICLE 36 – PHOTOGRAPHIC APPARATUS
Each Contracting State may prohibit or regulate the use of
photographic apparatus in aircraft over its territory.
ARTICLE 37 – ADOPTION OF INTERNATIONAL STANDARDS ANDPROCEDURES
Each Contracting State undertakes to collaborate in securing the
highest practicable degree of uniformity in regulations, standards,
procedures, and organization in relation to aircraft, personnel, airways
and auxiliary services in all matters in which such uniformity will
facilitate and improve air navigation. To this end the International
Civil Aviation Organization shall adopt and amend from time to time,
as may be necessary, international standards and recommended
practices and procedures, dealing with —
(a) communications systems and air navigation aids, including
ground marking;
(b) characteristics of airports and landing areas;
(c) rules of the air and air traffic control practices;
(d) licensing of operating and mechanical personnel;
(e) airworthiness of aircraft;
(f) registration and identification of aircraft;
(g) collection and exchange of meteorological information;
(h) log books;
Civil Aviation Act, No. 14 of 2010 95
(i) aeronautical maps and charts;
(j) customs and immigration procedure;
(k) aircraft in distress and investigation of accidents,
and such other matters concerned with the safety, regularity, and
efficiency of air navigation, as may from time to time appear
appropriate.
ARTICLE 38 – DEPARTURES FROM INTERNATIONAL
STANDARDS AND PROCEDURES
Any state which finds it impracticable to comply in all respects
with any such international standards or procedure, or to bring its
own regulations or practices into full accord with any international
standard or procedure after amendment of the latter, or which deems
it necessary to adopt regulations or practices differing in any particular
respect from those established by an international standard, shall give
immediate notification to the International Civil Aviation Organization
of the differences between its own practice and that established by the
international standard. In the case of amendments to international
standards, any State which does not make the appropriate amendments
to its own regulations or practices, shall give notice to the Council
within sixty day of the adoption of the amendment to the international
standard, or indicate the action which it proposes to take. In any such
case the Council shall make immediate notification to all States, of the
difference which exists between one or more features of an
international standard and the corresponding national practice of that
State.
ARTICLE 39 – ENDORSEMENT OF CERTIFICATES AND LICENSES
(a) Any aircraft or part thereof with respect to which there
exists an international standard of airworthiness or
performance, and which failed in any respect to satisfy that
standard at the time of its certification, shall have endorsed
on or attached to its airworthiness certificate, a complete
enumeration of the details in respect of which it so failed.
(b) Any person holding a license who does not satisfy in full
the conditions laid down in the international standard
relating to the class of license or certificate which he holds,
shall have endorsed on or attached to his license a complete
enumeration of the particulars in which he does not satisfy
such conditions.
ARTICLE 40 – VALIDITY OF ENDORSED CERTIFICATES AND LICENSES
No aircraft or personnel having certificates or licenses so endorsed
shall participate in international navigation, except with the permission
96 Civil Aviation Act, No. 14 of 2010
of the State or States whose territory is entered. The registration or use
of any such aircraft, or of any certificated aircraft part, in any State
other than that in which it was originally certificated, shall be at the
discretion of the State into which the aircraft or part is imported.
ARTICLE 41 – RECOGNITION OF EXISTING STANDARDS OF AIRWORTHINESS
The provisions of Articles 37, 38, 39 and 40 shall not apply to
aircraft and aircraft equipment of types of which the prototype is
submitted to the appropriate national authorities for certification,
prior to a date three years after the date of adoption of an international
standard of airworthiness for such equipment.
ARTICLE 42 – RECOGNITION OF EXISTING STANDARDS OF COMPETENCY OF
PERSONNEL
The provisions of Articles 37,38, 39 and 40 shall not apply to
personnel whose licenses are originally issued prior to a date one year
after initial adoption of an international standard of qualification for
such personnel; but they shall in any case apply to all personnel
whose licenses remain valid five years after the date of adoption of
such standard.
ARTICLE 67 – FILE REPORTS WITH COUNCIL
Each Contracting State undertakes that its international airlines
shall, in accordance with requirements laid down by the Council, file
with the Council traffic reports, cost statistics and financial statements
showing among other things, all receipts and the sources thereof.
ARTICLE 68 – DESIGNATION OF ROUTES AND AIRPORTS
Each Contracting State may, subject to the provisions of this
Convention, designate the route to be followed within its territory by
any international air service and the airport, which any such service
may use.
ARTICLE 72 – ACQUISITION OR USE OF LAND
Where land is needed for facilities financed in whole or in part by
the Council at the request of a Contracting State, that State shall either
provide the land itself, retaining title if it wishes, or facilitate the use
of the land by the Council on just and reasonable terms and in
accordance with the laws of the State concerned.
ARTICLE 81 – REGISTRATION OF EXISTING AGREEMENTS
All aeronautical agreements which are in existence on the coming
into force of this Convention, and which are between a Contracting
State and any other State or between an airline of a Contracting State
and any other State or the airline of any other State, shall be forthwith
registered with the Council.
Civil Aviation Act, No. 14 of 2010 97
ARTICLE 83 – REGISTRATION OF NEW ARRANGEMENTS
Subject to the provisions of the preceding Article, any Contracting
State may make arrangements not inconsistent with the provisions of
this Convention. Any such arrangement shall be forthwith registered
with the Council, which shall make it public as soon as possible.
ARTICLE 83 bis
(a) Notwithstanding the provisions of Articles 12, 30, 31 and
32(a), when an aircraft registered in a Contracting State is
operated pursuant to an agreement for the lease, charter or
interchange of the aircraft or any similar arrangement by
an operator who has his principal place of business or, if he
has no such place of business, his permanent residence in
another Contracting State, the State of registry may, by
agreement with such other State, transfer to it all or part of
its functions and duties as State of registry in respect of that
aircraft under Articles 12, 30, 31 and 32(a). The State of
registry shall be relieved of responsibility in respect of the
functions and duties transferred;
(b) The transfer shall not have effect in respect of other
Contracting States, before either the agreement between
States in which it is embodied has been registered with the
Council and made public pursuant to Article 83 or the
existence and scope of the agreement have been directly
communicated to the authorities of the other Contracting
State or States concerned, by a State party to the agreement.
ARTICLE 89 – WAR AND EMERGENCY CONDITIONS
In case of war, the provisions of this Convention shall not affect
the freedom of action of any of the Contracting States affected, whether
as belligerents or as neutrals. The same principle shall apply in the
case of any Contracting State, which declares a state of national
emergency and notifies the fact to the Council.

98 Civil Aviation Act, No. 14 of 2010
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