| 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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