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Civial Aviation
Act of the Maldives 2001
Introduction and title
1. a) This Act relates to registration
and operation of civil aircraft and building,
registration, operation and use of civil
aerodromes and other matters relating
to civil aviation and safety relating
to civil aviation.
b) This Act shall be cited as ‘Civil
Aviation Act of Maldives’.
2. Finding ways of promoting civil aviation
and arranging of ways of air transport
between Maldives and other countries,
establishing and consolidating relationship
with international civil aviation associations
and organizations, making navigation arrangements
and other matters relating to civil aviation
in the Maldives shall be conducted by
the Ministry.
Aerodrome
3. Registration
Building, registration and usage of civil
aerodromes in Maldives shall be in accordance
with this Act and regulations made under
this Act.
4. Building of Aerodromes
a) Any aerodrome in Maldives shall be
constructed after land or space required
for such purpose has been obtained, lawfully,
and after submission and approval of the
drawings, details and other information,
which may be required by the Ministry
under this Act and regulations made under
this Act.
b) Every civil aerodrome in Maldives
shall be operated after registering
the same with the Ministry in accordance
with this Act and regulations made thereunder,
and after obtaining a licence to operate
the aerodrome.
Safety Zones Surrounding
the Aerodrome
5. For the safety of any civil aerodrome,
demarcation of a certain area surrounding
the aerodrome and setting out guidelines
to carry out of the following activities
within that area and making of regulations
regarding these guidelines maybe conducted
by the Ministry.
a) Construction of buildings and other
structures.
b) Planting and cultivating trees and
other crops.
c) Driving and parking of various types
of vehicles .
d) Illuminating, rearing of birds and
having airborne objects and engage in
other acts, which will endanger the safety
of civil aviation.
6. Maintaining Standards at Safety Zones
Where any of the acts mentioned in section
5 of this Act is done in the zone referred
to in section 5 of this Act contrary to
that section or any regulations, the Ministry
has the right to make an order to make
good any such breach. As such, where any
such action which is contrary to those
guidelines are carried out before that
area has been demarcated, any expenses
for altering it for making it conform
to the guidelines or regulations and any
damages incurred by that party must be
paid by the owner of the aerodrome within
the area to the other party.
Aircraft
Registration and Operation
7. Registration and operation of civil
aircraft in Maldives shall be in accordance
with this Act and regulations made under
this Act.
Conditions for registration
8. Any civil aircraft in Maldives shall
be registered only after an application
for such purpose has been made to the
Ministry in accordance with rules and
regulations and the following conditions
have been met.
a) The aircraft to be registered shall
not be registered in any other country
b) The party applying to register the
aircraft is
1. Government of Maldives or
2. A citizen of Maldives or
3. A company or association or organization
registered in Maldives; or
4. A foreigner resident in Maldives or
a foreigner conducting business in Maldives;
or
5. A company, association or organization
registered in a foreign country, conducting
business in Maldives.
Certificate of Registration
9. The Ministry shall upon registration
of an aircraft in accordance with section
8 of this Act, issue a certificate of
Registration in respect of the aircraft.
Maintaining information
on ownership
10. The Ministry shall maintain information
regarding the ownership of aircrafts registered
in Maldives, and the rights of mortgagees
or any other rights which has been accrued
to any other person in respect of any
such aircraft.
Cancellation of Registration
11. The Ministry shall have the right
to cancel the registry of any aircraft
where any of the following occurs.
a) Particulars submitted for registration
changes
b) Aircraft is destroyed or gravely damaged
c) Where the aircraft is leased on the
expiry of the lease or on termination
of the lease
d) The registered owner of the aircraft
is not any person mentioned in section
8 (b) of this Act.
e) The owner makes an application for
cancellation of the registry.
Air Operator’s
Licence
Air transport service
12. Provision of civil aviation services
by any party shall only be after obtaining
of a licence issued by the Ministry.
Licencees
13. Air Operators Licence will only be
issued if the party applying for such
licence possesses the financial capability,
resources, amenities, competent persons
and other arrangements necessary to secure
the for safe operation of aircraft.
Certificate of Air
Worthiness
14. a) An aircraft registered in Maldives
shall only fly after obtaining airworthiness
certificate for that aircraft in accordance
with regulations of the Ministry.
b) Air worthiness certificate in respect
of a Maldivian registered aircraft will
only be issued upon inspection of the
construction, engines, equipment carried
in the aircraft and safety measures of
the aircraft are in accordance with the
regulations made under this Act and is
unto the standards determined by the Ministry.
Crew
Licence for pilots,
crew and engineers
15. The pilots, crew and engineers of
aircraft registered in Maldives shall
be persons liceneced by the Ministry.
Licensed persons
16. License for persons to work as pilots,
crew and engineers of civil aircraft shall
be issued for persons who are trained
and have passed the competency tests determined
by the Ministry.
Safety of Civil Aviation
Making of safety regulations
17. a) The ministry shall make guidelines
and necessary regulations regarding safety
of air transport and safety of passengers
and goods carried by the aircraft in order
to protect the public from any danger.
c) All guidelines, measures and regulations
made under subsection (a) of this Section
shall not be lower than those standards
determined by relevant international conventions
which Maldives is a party.
Inspection
Inspection of safety
measures of Aerodrome and Aircraft
18. a) Aircraft, engine equipment and
other matters of the aircraft, and aerodrome
used by various parties for civil aviation
shall be inspected in a manner set out
by the Ministry to check the safety standards
required by this Act and the regulations
made under this Act are met.
b) Ministry reserves the right to inspect
aircraft and building and enter and make
copies of necessary documents.
Request for amendment of safety measures
and suspension and termination of licenece
19. a) The Ministry reserves the right
to make an order for making good and suspension
of use of those mentioned in section 18
of this Act for civil aviation provided
the safety measures determined by the
Act is not met.
b) The ministry rersves the right to suspend
or terminate the license of any airworthiness
certificate, pilots , crew license , engineers
license or any other such licenece where
in the opinion of the ministry the possession
of such a license by such a person will
endanger air safety.
Investigation
of Accidents
20. a) The Ministry shall investigate,
with a view to determine the causes of
the accident, accidents involving civil
aircraft occurring in the Maldives and
accidents involving civil aircraft registered
in the Maldives.
b) The Ministry shall have the right
to investigate or participate in the investigation
of accidents involving civil aircraft
registered in the Maldives with the permission
of concerned authorities of the country
in which the accident occurred.
c) Accidents involving civil aircraft
occurring in the areas designated in Maldives
for military purposes shall be investigated
by the Ministry of Defence and National
Security or in accordance with rules determined
by the said Ministry.
d) In investigating accidents involving
civil aircraft, in order to find out whether
there is any fault of any party will be
conducted by the Ministry of Defence and
National Security.
e) In the light of the investigations
conducted under this section, the Ministry
shall take measures necessary for safety
of civil aviation.
Miscellaneous
Liability for disturbance
caused while
21. An aircraft shall not be held responsible
for any disturbance or nuisance caused
during its normal course so long as provisions
of this Act and regulations made under
this Act are complied with.
Recognition of licene
issued by foreign countries
22. The Ministry shall have the right
to set out conditions and recognize licenses
for pilots, engineers and crew issued
by a foreign country which is a signatory
to the International Convention of Civil
Aviation and passed by the ICAO on 7 December
1944.
Charging of fees and
determining the amounts
23. The Ministry shall have the right
to charge fees and set out the amount
for fees for registration of anything
and place or for obtaining and renewal
of license for certificates and licenses
issued under this Act.
Penalty
24 a) Where this Act requires obtaining
of a certificate or license, a person
in breach of such shall be liable to a
fine between 50,000/- and 500,000/- Rufiyaa
or imprisonment, banishment, or house
arrest for a period between 6 months and
2 yrs.
b) Where any certificate license or other
document issued under this Act has been
forged, the penalty shall be a fine between
5000/- and 50,000/- Rufiyaa or imprisonment,
banishment, or house arrest for a period
between 6 months and 1year.
c) Where air transport has been carried
out in a way which would endanger the
life of a person, the penalty shall be
imprisonment, banishment, or house arrest
for a period between 3 to 5 yrs.
d) Where any subsection of this section
does not specify the manner to be dealt
with for persons in breach of this Act
a fine not exceeding 100,000/- shall be
imposed.
Conforming to International
Conventions
25. The Ministry shall make regulations
as set out in International Conventions
which Maldives is a party and where it
specifically requires any measures are
to be taken by the Ministry.
Making of and Implementation
of Regulations
26. a) Regulations regarding civil aviation
shall be made and enforced by the Ministry.
b) The Ministry shall have the right
to impose fines and have the authority
to take administrative action against
parties in breach of regulation made under
this Act. However a fine so imposed shall
not exceed the amount specified in subsection
24(d) of this Act.
c) Where taking of a measure in contrary
to what is specified in the regulation
under this Act is, in that context, the
most advantageous and will not endanger
civil aviation, the Ministry shall have
the right to permit such measures.
Scope of Application
27. This Act and regulations made under
this Act shall apply to all civil aircraft
operating and within the territory of
Maldives and aircraft registered in Maldives
whether within or outside the territory
of Maldives.
Definitions
28. Unless the context otherwise so requires,
a) Aerodrome means any definite area intended
to be used for landing and taking off
including where all facilities necessary
are available.
b) Aircraft means any machine intended
to be driven in the air.
c) Ministry means Civil Aviation Department
of Ministry of Transport and Civil Aviation.
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