Legislation Details
- Full Title: Federal Law Issuing the Civil Aviation Act
- Law Type: Federal Law
- Law Number: 20 of 1991
- Issued Date: 10 Jun 1991
- Effective Date: 24 Jul 1991
- Official Gazette: No. 226
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 155
- Chapters/Parts: 0
- Amendments: 1
Summary
The Federal Law Issuing the Civil Aviation Act regulates all aspects of civil aviation in the United Arab Emirates. It establishes the Ministry of Communications as the authority responsible for overseeing civil aviation affairs and development, including commercial air transport policy, licensing, and enforcement. The law sets out requirements for aircraft registration, airworthiness, crew qualifications, and operations within UAE airspace. It also covers rules of the air, accident investigation, offences against aircraft, and fees for air navigation services. This comprehensive legislation aims to ensure the safe and efficient operation of civil aviation in the UAE. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1-75)
The Civil Aviation Act is crucial for businesses and individuals engaged in air transport, aviation, and related industries in the UAE. It provides the legal framework governing aircraft operations, commercial air services, and aviation safety standards. Compliance with this law is mandatory for all civil aviation activities within the UAE, making it an essential reference for airlines, airports, pilots, and other aviation stakeholders. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1-75)
What is the scope and purpose of this law?
The scope of the Federal Law Issuing the Civil Aviation Act is comprehensive, covering all aspects of civil aviation in the United Arab Emirates. It applies to civil aviation activities within the UAE territory, including the land areas, territorial waters, and overlying airspace. The law also applies to civil aircraft registered in the UAE, regardless of their location, as long as they do not contradict the laws of the foreign state in which they operate. Additionally, the law regulates civil aerodromes in the UAE in terms of air traffic control, communication equipment, air navigation, and meteorological services. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 3)
The purpose of the law is to establish the legal framework for the oversight and development of civil aviation in the UAE. It designates the Ministry of Communications as the competent authority responsible for overseeing civil aviation affairs, including the formulation and implementation of commercial air transport policy, the negotiation of air transport agreements, and the issuance of operating licenses and permits. The law aims to ensure the safe and efficient operation of civil aviation activities within the UAE in accordance with internationally accepted standards. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 4)
What are the key definitions under this law?
The Federal Law Issuing the Civil Aviation Act provides the following key definitions:
- State: United Arab Emirates (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1)
- Territory of the State: Land areas, territorial waters adjacent thereto, and overlying airspace (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1)
- State of Registry: Country where the aircraft is registered (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1)
- Competent Authority: Ministry of Communications or department of the Ministry entrusted to oversee civil aviation affairs and development (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1)
- Concerned Authority: Competent local department in the Emirate (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1)
- 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 (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1)
- Operator: A natural or juridical person who operates an aircraft themselves or for their account, or leases an aircraft to third parties, and to whom the flight crew reports (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1)
What are the main obligations and requirements?
The Federal Law Issuing the Civil Aviation Act imposes several key obligations and requirements:
- Aircraft operating in the UAE territory or airspace must be registered in the state to which they belong. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 7(1))
- Aircraft must have a valid Certificate of Airworthiness issued or attested by the state of registry. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 7(2))
- Aircraft must conspicuously display their nationality and registration marks. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 7(3))
- Aircraft must be fitted with the systems and equipment designated by the state of registry and the UAE Competent Authority. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 7(4))
- Flight crew members must carry valid licenses issued or attested by the state of registry, and their number must match the Certificate of Airworthiness. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 7(5))
- Aircraft crew, passengers, and third parties must be insured against ground injury as per applicable rules. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 7(6))
What licensing, registration, or approval requirements exist?
The Federal Law Issuing the Civil Aviation Act establishes the following licensing and approval requirements:
- Aircraft may only operate in the UAE territory or airspace under a license or permit issued by the Competent Authority, which allows the named operator to carry out certain air operations or operations pursuant to an international convention or bilateral air agreement. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 6)
- Licenses and permits granted by the Competent Authority are personal and may not be assigned to another party. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 6)
- Aircraft equipped with aerial photographic equipment may only be flown over the UAE territory with a prior permit from the Concerned Authority and subject to any conditions imposed by the Competent Authority. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 9)
Which authorities or bodies are responsible for enforcement?
The Federal Law Issuing the Civil Aviation Act designates the following authorities and bodies responsible for the enforcement and oversight of civil aviation in the UAE:
- The Ministry of Communications is responsible for overseeing all affairs and development of civil aviation in the UAE, as well as the application and implementation of internationally accepted standards at UAE airports in coordination with local authorities. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 4)
- The Ministry of Communications is tasked with formulating and overseeing commercial air transport policy, negotiating air transport agreements, issuing operating licenses, and monitoring the commercial air transport activities of national and foreign corporations. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 4)
- The Competent Authority, which is the Ministry of Communications or a department within the Ministry entrusted with overseeing civil aviation affairs and development, is responsible for issuing licenses, permits, and implementing regulations for the law. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 1, 2)
- The Concerned Authority, which is the competent local department in the Emirate, is responsible for granting permits for the use of aerial photographic equipment over the UAE territory. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 9)
What are the penalties for non-compliance?
The Federal Law Issuing the Civil Aviation Act specifies the following penalties for non-compliance:
- Halting or restricting the commercial air transport activities of national and foreign corporations that violate the conditions of their operating licenses, the provisions of bilateral agreements, or the law. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 4(5))
- Revoking or cancelling the operating licenses of national air transport corporations. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 4(3))
- Imposing restrictions on the air transport rights granted to foreign corporations through bilateral agreements or operating permits. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 4(4))
- Prohibiting the operation of unscheduled flights to or from the UAE territory without authorization from the Competent Authority. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 4(6))
- Exempting aircraft flown on technical testing or learning flights from certain requirements, at the discretion of the Competent Authority. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 7)
When did this law come into effect?
The Federal Law Issuing the Civil Aviation Act came into effect one month after its publication in the Official Gazette, which occurred on 24 June 1991. (Federal Law Issuing the Civil Aviation Act, 1991, Art. 3)
How does this law interact with other UAE legislation?
The Federal Law Issuing the Civil Aviation Act references and interacts with several other UAE federal laws and decrees, including:
- Federal Law No. 1 of 1972 regarding the functions of the ministries and the powers of the ministers, as amended (Federal Law Issuing the Civil Aviation Act, 1991, Preamble)
- Federal Law No. 18 of 1981 regulating commercial agencies, as amended (Federal Law Issuing the Civil Aviation Act, 1991, Preamble)
- Federal Law No. 8 of 1984 regarding commercial companies, as amended (Federal Law Issuing the Civil Aviation Act, 1991, Preamble)
- Federal Law No. 5 of 1985 issuing the Civil Transactions Code, as amended (Federal Law Issuing the Civil Aviation Act, 1991, Preamble)
- Federal Law No. 3 of 1987 issuing the Penal Code (Federal Law Issuing the Civil Aviation Act, 1991, Preamble)
- Federal Decree No. 35 of 1972 approving the UAE's joining of the International Civil Aviation Organisation (Federal Law Issuing the Civil Aviation Act, 1991, Preamble)
The law also references several international conventions and agreements that the UAE has acceded to, such as the Chicago Convention, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, and the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air. (Federal Law Issuing the Civil Aviation Act, 1991, Preamble)
Source Documents
This article analyses Federal Law Issuing the Civil Aviation Act for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.