قانون الطيران في الإماراتقانون اتحادي في شأن الطيران المدني

Article (1) In this Law, the following words and expressions shall have the meanings set out opposite unless the context shall require otherwise. State : United Arab Emirates. Territory of the State : Land areas, territorial waters adjacent thereto and overlying air space. State of Registry : Country where the aircraft is registered. Competent Authority : Ministry of Communications or department of the Ministry entrusted to oversee civil aviation affairs and development. Concerned Authority : Competent local department in the Emirate. Chicago Convention : The Convention on International Civil Aviation done at Chicago on 7 December 1944 and addenda thereto. Aircraft : Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface including all aircraft such as airships that use fixed and rotary wings and other similar craft built for civil applications. Operator : A natural or juridical person who operates Aircraft himself or for his account or leases Aircraft to third parties and to whom the flight crew reports Operator State : Country in which the headquarters of the Operator's business or his permanent domicile are located. Air Traffic: : All Aircraft in flight or operating on the Maneuvering Area of an Aerodrome. Air Traffic Control Unit : A term meaning variously area control center, approach control unit, or Aerodrome control tower. Aerodrome : A defined area on land or water (including any buildings, installations and

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 4 equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft. International Airport: : Any airport designated by the state in whose territory it is situated as an airport of entry and departure for international air traffic, where the formalities incident to customs, immigration, public health, animal and plant quarantine and similar procedures are carried out. Maneuvering Area : That part of the Aerodrome to be used for the take-off and landing of Aircraft and for the movement of Aircraft associated with take-off and landing, but does not include parking space for Aircraft. Pilot in Command : The pilot responsible for the operation and safety of the Aircraft during flight time. Flight Crew Member: : A licensed crewmember charged with duties essential to the operation of an Aircraft during flight time. Crewmember : A person assigned by an Operator to duty on an Aircraft during flight time. Flight Time : The total time from the moment an Aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight. Prohibited Area : A specified area of the airspace of the State which the Competent Authority declares prohibited for Aircraft flight operations. Restricted Area: : An air space of defined dimensions located inside the Territory of the State within which the flight of Aircraft is restricted in accordance with certain specified conditions. Danger Area : An airspace of defined dimensions within which activities dangerous to the flight of Aircraft may exist. Air Service : Flights that are performed by Aircraft for the public transport of passengers, mail or cargo for a fee or remuneration in such manner that each flight is open to use by members of the public. Scheduled International Air : Flights which originate or terminate in the territory of a state other than the state in which the Aircraft is registered and operate to published

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 5 Service schedules with certain regularity or frequency. Air Carrier: : A natural or juridical person who offers or undertakes to use air services to transport passengers, mail or cargo. International Air Transport Corporation: : A corporation enjoying legal personality for the purpose of operating international air services. Acrobatic Flight: : Manoeuvres intentionally performed by an Aircraft involving an abrupt change in its attitude, an abnormal attitude or an abnormal variation in speed. Aviation Accident : An accident associated with the operation which takes place between the time any person boards the Aircraft with the intention of flight and all such persons having disembarked and in which either or both of the following occurrences take place: : A person suffers a fatal or serious injury as a result of being onboard the Aircraft or coming into direct contact with the Aircraft or any part of the Aircraft. The Aircraft sustains substantial damage. Aviation Incident : An occurrence, other than an Aviation Accident, associated with the operation of the Aircraft that affect or is likely to affect the safety of operation of the Aircraft. Aviation License : General approval from the Competent Authority containing detailed provisions that permit an Operator or Air Carrier to engage in air operations in the Territory of the State within a specified time period. Aviation Permit : Specific approval from the Competent Authority to engage in a specific air operation(s). Certificate of Airworthiness : A document issued by the Competent Authority in which the Aircraft is declared fit to fly for a specified time period provided that the Operator

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 6 complies with the terms of the document. Part Two General Provisions

Article (4) The Ministry of Communications shall oversee all affairs and development of civil aviation in the State as well as oversee the application and follow up the implementation of internationally accepted standards at airports of the State in coordination with local authorities. The Ministry of Communications shall, in cooperation with the concerned entities, formulate and oversee commercial air transport policy consistent with the present and future requirements of the national economy. To this end the Ministry shall: 1. Negotiate with other states over scheduled and non-scheduled air transport agreements and any agreements related to international air transport. 2. Participate in discussions between national air transport corporations and foreign

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 7 corporations dealing with agreements or arrangements related to joint investment or other commercial agreements in accordance with such rules and conditions as may be specified in this regard. 3. Oversee the commercial air transport activities of national corporations, issue operating licenses and approve the revision or cancellation of any of their Air Services. 4. Monitor the commercial air transport activities of foreign corporations as well as the proper exercise of the air transport rights granted to them by bilateral agreements or the operating permits issued to them in this regard. 5. Halt or restrict any commercial air transport activities of national and foreign corporations that are in violation of the conditions laid down in the operating licenses granted to them, the provisions of bilateral agreements made with foreign states or any of the provisions of this Law. 6. Authorize national or foreign air transport corporations to operate any unscheduled flight to or from the Territory of the State. 7. Issue appropriate decisions regarding transportation rights requested by foreign states or their agents or companies.

Article (7) The following conditions must be met by Aircraft operating in the Territory of the State and its overlying airspace: 1. The Aircraft must be registered in the state to which it belongs. 2. The Aircraft's Certificate of Airworthiness must be valid and issued or attested by the state in which the Aircraft is registered. 3. The Aircraft must conspicuously display its nationality and registration marks. 4. The Aircraft must be fitted out with the systems and equipment designated by the State of Registry in addition to those specified by the Competent Authority. 5. The members of the flight crew must carry valid licenses issued or attested by the State of Registry and their number must be as shown on the Certificate of Airworthiness. 6. The Aircraft's crew, passengers and third parties must be insured against ground injury as per the applicable rules. The Competent Authority may exempt Aircraft flown on technical testing or learning flights from one or more of these conditions.

Article (10) 1. Lighting may be installed only after the Concerned Authority has given its approval after consulting the Competent Authority. 2. The Competent Authority shall, after consulting the Concerned Authority, remove or modify any lighting equipment that would interfere with light specifically provided as an aid to air navigation. The Competent Authority may also impose appropriate restrictions on high rise structures that impair air navigation, smoke emitting structures or anything that may impair vision next to airports or the safety of air navigation. 3. A person who owns or uses fixed or mobile electronic equipment or metal structures that cause interference with wireless equipment or equipment specifically provided as an aid to air navigation shall take the measures prescribed to him by the Competent Authority to eliminate such interference. 4. The Competent Authority may, after consulting the Concerned Authority, request cessation of use of the electronic equipment or removal of the metal structures referred to in the preceding paragraph as necessary.

Article (15) 1. Aircraft shall use listed airports and shall comply with the applicable laws, rules and regulations. Landing at airports other than those airports shall be allowed only in emergencies in accordance with air control tower directives or with a permit from the Concerned Authority. 2. Any Aircraft entering the airspace above the Territory of the State shall land at a listed International Airport unless permitted to fly over without landing.

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 11 3. If an Aircraft entering, leaving or passing through the airspace of the Territory of the State needs to land outside International Airports in the State, the Pilot in Command shall immediately notify the nearest local authority and present the Aircraft's flight log, general declaration or any other document on demand. In this case the Aircraft's cargo shall not be moved nor shall its passengers be allowed to leave the place where it landed before obtaining a permit from the immigration and passport authorities and completing all the necessary customs formalities.

Article (24) 1. An Aircraft shall not be flown at elevations lower than those specified by the Competent Authority. 2. An Aircraft shall not be flown so close to another Aircraft so as to create a danger of collision. 3. An Aircraft shall not be flown negligently or recklessly so as to endanger the life or property or others. 4. An Aircraft shall not engage in Acrobatic, parade or formation flight above the Territory of the State except with a license from the Competent Authority and subject to the conditions laid down by the Competent Authority. 5. Nothing shall be thrown or sprayed out of an Aircraft during flight except in emergencies or with a permit from the Competent Authority. 6. No parachuting from Aircraft shall be permitted without a prior permit from the Competent Authority except in emergencies. 7. No person shall pilot an Aircraft or serve as a Crewmember on board Aircraft in a state of inebriation or under the influence of drugs or any other substance that would impair his ability to effectively perform his duties. In all cases, no person shall partake of any such substances whilst on duty. 8. No Aircraft capable of being flown without a Pilot in Command shall operate in the Territory of the State without permission by the Competent Authority. 9. Aircraft that operate above the speed of sound or operate at high noise levels shall be prohibited from flying over the Territory of the State and its overlying airspace and landing at airports of the State. The Competent Authority may allow such type of Aircraft to operate under specific conditions in a permit that set limits for elevation and speed and hold the Operator responsible for any damage that might result from the use of such type

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 14 of Aircraft including liability for damages. Part Four Authorization & License

Article (26) 1. The Competent Authority shall issue aviation authorization and other technical authorization and shall lay down the conditions for their issue, attestation and renewal which in no case should fall below internationally accepted standards. The Competent Authority shall, in this regard, conduct theoretical and practical tests at it sees fit. 2. The Competent Authority has the right to refuse to issue, renew and extend the validity of any authorization as well as revoke or suspend authorization that has been issued should it find that the person requesting or holding the authorization does not meet the required level or is in breach of any of the provisions of this Law. 3. Aviation authorization shall be suspended if the holder thereof: a. Sustains injury that prevents him from performing the duties of the authorization. b. Is ill and therefore unable to perform the duties of the authorization for 20 days or more. c. The holder of the authorization shall, in such cases, notify the Competent Authority in writing accordingly so that arrangement can be made for him to re-undergo the medical check required for the authorization he holds.

Article (30) 1. An Aircraft shall not operate in the Territory of the State and its overlying airspace unless

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 16 it holds a valid Certificate of Airworthiness issued or approved by the Competent Authority in the State of Registry in accordance with its applicable laws, rules and regulations and complies with the conditions and restrictions stated in its Certificate of Airworthiness. This requirement does not apply to domestic flights in respect of which a special permit is issued by the Competent Authority. 2. The Competent Authority may approve a Certificate of Airworthiness issued by another State subject to any additional conditions or restrictions it may decide to lay down in respect of such certificates. 3. The Competent Authority shall maintain an accredited list of national corporations that maintain and overhaul Aircraft registered in the State. 4. Upon determining that Aircraft registered in the State is unsafe or its type unfit to fly, the Competent Authority shall suspend or withdraw its Certificate of Airworthiness and shall have the right to subject the Aircraft to a technical inspection and to not authorize its flight except after measures have been taken to secure its airworthiness.

Article (32) 1. The Operator of an Aircraft registered in the State shall not operate it in commercial air transport or aerial work unless the Aircraft and its engines and communication systems and equipment have been serviced according to a service manual accredited by the Competent Authority. 2. The Pilot in Command of an Aircraft registered in the State and engaged in commercial air

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 17 transport or aerial work shall enter the following data on the Aircraft technical log: - a. The time of commencement and termination of the flight. b. Information regarding any technical failure, malfunction or defect in any part of the Aircraft or any of its equipment which occurs during the flight. The Pilot in Command shall sign and date such entries. 3. The Operator of an Aircraft shall maintain the Aircraft technical log and a copy of the log's entries at a location other than the aircraft. 4. The Operator of an Aircraft registered in the State shall preserve the maintenance documents for a period of at least 2 years after expiry or longer if requested by the Competent Authority.

Article (34) 1. Every Aircraft for which the Competent Authority issues or attests a Certificate of Airworthiness shall be weighed and the position of its center of gravity determined, at such times and in such manner as the Competent Authority shall determine in the case of that Aircraft. 2. Upon the Aircraft being weighed, the Operator shall prepare a weight schedule acceptable to the Competent Authority. 3. The weight schedule shall be preserved by the Operator of the Aircraft until the expiry of at least 6 months following the next occasion on which the Aircraft is weighed and its

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 18 center of gravity determined.

Article (36) No Aircraft registered in the State may commence any flight without the following documents and log books: 1. International Flights: a. Certificate of aircraft registration. b. Certificate of Airworthiness. c. Crewmember authorizations. d. Flight log or general declaration for the flight. e. Wireless transmission station license for the Aircraft. f. For commercial air services or activities: operations manuals, maintenance documents and any other document specified by the Competent Authority. g. For Aircraft carrying cargo and mail: cargo and mail list and declaration of all related particulars. h. For aircraft engaged in commercial air services: load sheet. 2. Domestic Flights: The Competent Authority shall determine which of the documents and log books listed in para (1) of this Article are required on board domestic flights. The Competent Authority may exempt Aircraft flown on technical testing or learning flights from the requirement to carry any of these documents and log books. In all cases, the certificates, authorizations and documents referred to in this Article must be valid.

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 19

Article (37) 1. The Operator and the Pilot in Command shall, upon request, provide the Competent Authority with any documents or log books prescribed in this Law. 2. An Operator or owner of Aircraft who ceases to use or operate the Aircraft shall continue to preserve its documents and records and the log books of the flight crew as if he had not ceased to use or operate the Aircraft, provided that if: a. Another person becomes the Operator of the Aircraft and it remains registered in the State, the first Operator shall deliver to that other Operator, the Aircraft's maintenance documents, log books and load plan and any record made by the Aircraft's flight data recorder. b. An engine or propeller is removed from the Aircraft and installed in another Aircraft operated by another person and registered in the State, the Operator of the first Aircraft shall deliver to the Operator of that other Aircraft the log book relating to that engine or propeller. c. A member of the flight crew of an Aircraft registered in the State becomes a member of the flight crew of an Aircraft operated by another person, the first Operator shall deliver to the other Operator the records relating to that member, and in all cases, it shall be the duty of that other Operator to deal with those documents and records as if he were the first mentioned Operator. 3. If it is decided to revoke or suspend any certificate, authorization, approval, permission or any other document issued by the Competent Authority, the person to whom the document was issued or who holds the document shall deliver it to the Competent Authority upon demand.

Article (38) A person shall not: - 1. Use any certificate, authorization, approval, permission or other document issued by the Competent Authority which has been revoked, suspended, altered or to which he is not

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 20 entitled. 2. Lend any certificate, authorization, approval, permission or other document issued by the Competent Authority or allow it to be used by any other person. 3. Make any false representation for the purpose of procuring for himself or any other person the issue, renewal or variation of any certificate, authorization, permission or other document. 4. Destroy or mutilate or assist in destroying or mutilating any record required to be maintained under this Law or alter, obliterate or omit any of the entries made therein or make any false entry from any such record during the period for which it is required to be preserved. 5. Willfully or negligently make any omission from a load sheet or make, in such a load sheet, any entry which is incorrect. Part Six Commercial Air Transport

Article (39) 1. No Operator of Aircraft may permit the Aircraft to fly for the purpose of commercial air transport without first obtaining operating specifications approved by the Competent Authority. The operating specifications shall be regarded as part of the license granted to the Operator and must be complied with. 2. The Operator shall provide sufficient copies of the latest revised and approved operating specifications for his operations at each of the offices of his main operations. The Operator shall make his relevant staff aware of the specifications and record their contents in his manuals. 3. Operating specifications may be revised upon the request of the Operator or as deemed fit by the Competent Authority in order to maintain the required standard of operation or regularity.

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 21

Article (40) 1. The Operator shall make available for the use and guidance of pilots and operating staff an operations manual defining their duties and responsibilities. The manual shall not contain any instructions or information contrary to international laws, rules and regulations which are in force in the State or laws, rules and regulations which are issued by the Competent Authority. 2. The Operator shall issue a manual for each type of Aircraft he operates, containing all such information as may be necessary to enable air pilots and flight engineers to perform their duties on that type of Aircraft at the required standard of safety in both normal and emergency circumstances. 3. The Operator shall deliver to the Competent Authority copies of his operations manual and the Aircraft manual for each type of Aircraft he operates and any revisions to those manuals for them to be approved before being put into effect.

Article (49) 1. Committees which the Competent Authority sets up in conjunction with the Concerned Authority to investigate Aircraft accidents shall have the right to enter the site of the accident and other places of interest to the investigation in order to search and inspect them and summon persons and question witnesses and instruct them to provide such information, documents or things as the committee shall deem necessary to ascertain the truth and take whatever measures are necessary to preserve the Aircraft and its cargo and parts and move it in whole or in part for the purpose of testing. 2. It shall not be permissible to move the Aircraft or its wreckage or cargo from the site of the accident without the approval of the committee. Security authorities and administrative bodies shall, within their respective jurisdictions, take the necessary measures to facilitate the work of said investigation committees and enforce any directives they issue for the purpose of carrying out their duties.

Article (55) Any person commits an offence against Aircraft if he intentionally and unlawfully commits, attempts to commit or is an accomplice of a person who commits or attempts to commit any of the following acts: 1. Performs an act of violence against a person on board an Aircraft in flight if that act is likely to endanger the safety of that Aircraft. 2. Seizes or destroys an Aircraft in service or causes damage to such an Aircraft which renders it incapable of flight or is likely to endanger its safety in flight. 3. Places or causes to be placed on an Aircraft in service, by any means whatsoever, a device or object which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight. 4. Destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of Aircraft in flight. 5. By force or threat thereof, or any other form of intimidation, seizes or exercises control of an Aircraft in flight. 6. Communicates information which he knows to be false, thereby endangering the safety of an Aircraft in flight.

Article (57) The State shall take such measures as may be necessary to establish its jurisdiction over the offences listed in Article 55 in the following cases: 1. When the offence is committed in the Territory of the State. 2. When the offence is committed on board an Aircraft registered in the State. 3. When the Aircraft on board which the offence is committed lands in the Territory of the State with the alleged offender still on board. 4. When the offence is committed on board an Aircraft leased to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in the State. 5. Where the alleged offender is present in the Territory of the State and it does not extradite him to any of the states concerned. 6. In any other case in which the State exercises criminal jurisdiction in accordance with national law. Part Nine Search and Rescue

Article (60) 1. The Competent Authority shall, in conjunction with the concerned authorities, determine

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 27 the search and rescue areas that fall within its responsibility. The Competent Authority shall designate centers to coordinate search and rescue operations within their jurisdiction according to the requirements of the International Civil Aviation Organization. 2. The Competent Authority shall, in conjunction with the concerned entities, organize rescue units in the State so that they are always ready to act according to plan. 3. The Competent Authority shall take necessary steps to coordinate and cooperate with other States, especially neighboring States, in relation to search and rescue operations.

Article (68) In the event of any breach of this Law or its implementing rules, regulations and decisions, the Competent Authority shall have the power to take any of the following measures: - 1. Suspend (for a specific period) or cancel the license or permit it has issued the Operator or the Aircraft. 2. Suspend (for a specific period) or permanently revoke the Aircraft's Certificate of Airworthiness. 3. Suspend (for a specific period) or permanently revoke the aviation authorization or any other authorization. 4. Ban the Aircraft from flying for a specific period or force it to land after giving warning. 5. Ban the Pilot in Command from flying in the Territory of the State for a specific period or permanently.

Article (69) The penalty of jail for a period of up to 1 year and a fine of up to AED 50,000 or either shall be imposed on: 1. Any owner or Operator of Aircraft who allows his Aircraft to fly without a license or permit from the Competent Authority or prior to obtaining its registration certificate or Certificate of Airworthiness or after the expiry or revocation of either. 2. A person who unlawfully pilots an Aircraft or pilots and Aircraft during flight without holding certificates, authorizations or licenses in accordance with this Law.

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 30 3. A person who pilots an Aircraft in a state of inebriation that impairs his ability to fly the Aircraft. 4. A person who causes damage to communications facilities pertaining to aviation or navigational aids on the ground or fails to maintain them in good condition when under obligation to do so. 5. A Pilot in Command of Aircraft who does not enter the particulars required to be entered in the documents or records of the Aircraft or alters such particulars.

Article (70) The penalty of jail for a period of up to 3 years and a fine of up to AED 100,000 or either shall be imposed on: - 1. A person who pilots an Aircraft or allows an Aircraft to fly without carrying the marks of nationality or registration or with incorrect or unclear marks. 2. A person who pilots an Aircraft over a Prohibited Area or unintentionally penetrates any such area without obeying the orders given to him. 3. A person who disobeys an order to land whilst flying over the territory of the State. 4. A person who lands or takes off outside aerodromes or designated areas or flies outside specified areas without a special permit from the Competent Authority or the Concerned Authority. 5. A Pilot in Command who flies above the Territory of the State without a permit carrying on board: a. Firearms, ammunition or any objects whose transport is prohibited by national laws. b. Persons with the intention of carrying out smuggling operations or a criminal offence even if not actually committed. 6. A person who refrains without justification from responding to a request by the Competent Authority to use means available to him to rescue an Aircraft or person in distress due to an Aviation Accident.

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Federal Law No. (20) of 1991 Issuing the Civil Aviation Act 31