Civil Aviation (Licensing of Air Services) Regulations

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Regulations may be cited as the Civil Aviation Citation (Licensing of Air Services) Regulations, 2001.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. "licence" means, any licence granted under these Regulations, except in respect for those referred to in paragraph 2 of Schedule B of these Regulations;
2. "licensing authority" means the Authority and in the case of any power delegated to a committee referred to in regulation 52 includes such a committee;
3. "Managing Director" means, the Managing Director of the Authority;
4. "provisional licence" means a licence granted under regulation 33;
5. "scheduled air service" means a series of air flights that possess all the following characteristics- (a) it is performed by aircraft for the transport of passengers, mail or cargo for remuneration, in such a manner that each flight is open to use by members of the public; and (b) it is operated, so as to serve traffic between the same two or more points, either- (i) according to a publicised timetable; or (ii) with flights so regular or frequent that they constitute a recognisable systematic series; "Statute" means the Civil Aviation Authority Statute, 1994.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (a) that the aircraft to be operated under the licence shall or shall not be used over specified areas;
2. (b) that certain classes or descriptions of passengers shall or shall not be carried; (c) that passengers or goods shall be carried between specified places; (d) that intermediate landing may or shall be made at specified places for the purpose of landing or loading passengers or goods; (e) that the schedule of air services from time to time approved by the licensing authority shall be observed; (f) a condition as to the number and type of aircraft to be used; (g) that no use of any other aircraft without prior authorisation; (h) a condition limiting the loading of an aircraft over the whole or any portion of the route on which it is to be operated; (i) a condition specifying any charges that may be made for the air service; (j) a condition as to the wages, conditions and hours of employment of any person employed in connection with the air service.
3. (2) It shall be a condition of every licence that the holder of the licence and any person having a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall refuse booking facilities to any other holder of a licence or shall grant such facilities to that other holder only on onerous terms.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (a) be in writing, and state the specific grounds on which it is based; (b) specify any conditions which it may be desired should be attached to the licence if granted; and (c) be signed by the representor or objector. (2) If the representation or objection is made by corporate body or partnership firm, it shall be signed by a person duly authorised by that body, or a partner of the partnership firm as the case may be. (3) A copy of every representation or objection shall be sent by the person making it to the applicant for the licence at the same time as it is sent to the licensing authority.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Every application for a licence or a variation of a Consider ation of licence and every representation and objection to it made in objections accordance with these Regulations shall at a time and place to be by the licensing notified by the Licensing Authority be considered by the licensing authority. authority. (2) The licensing authority shall at the request of the applicant or of the representor or objector, examine the application, representation or objection in public. Grant and duration of

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (a) the existence of other air services in the area through which the proposed air service is to be operated;
2. (b) the possibilities of air transport in that area;
3. (c) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether by the applicant or by other operators;
4. (d) the period for which the services referred to in paragraph (c) have been operated by the applicant or by the operators;
5. (e) the extent of which it is probable that the applicant will be able to provide a satisfactory service in respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency;
6. (f) the financial resources of the applicant;
7. (g) the type of aircraft proposed to be used on the service; (h) the competence of the applicant, having regard to his or her previous conduct and experience, his or her equipment, organisation, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the application on flights of the description and for the purposes so specified;
8. (i) objections or representations duly made in accordance with regulation 8. Reasons for decision.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The licensing authority shall respond to an application within 90 days after its receipt (2) If the licensing authority refuses to grant or amend a licence or grants or amends a licence which differs from the licence or amendment for which application has been made, or implies conditions to which the applicant objects or grants a licence despite an objection, the licensing authority shall state in writing reasons for its decision. Revocation or

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) that any condition, subject to which the licence was granted, has not been observed.
2. (2) Where a licence is revoked or suspended, the licensing authority shall, if required by the holder of the licence to do so, state in writing the reasons for its decision.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. airlines of Contracting State makes a non-scheduled flight into Uganda, it contracting states. shall not take on or discharge passengers, cargo or mail in Uganda in the case of any passenger, cargo or mail that has been or is to be carried for reward except in accordance with a licence issued under these Regulations. Nonscheduled service by

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (3) An application for a licence shall be sent to the licensing authority so as to reach it on a date not less than 90 days, before the date on which it is desired that the licence shall take effect. (4) The licensing authority may, in its discretion, accept and deal with any application for a licence received by it after the specified date. Inspection of

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. be available for application inspection at the office of the licensing authority until the application has been determined, but in no case shall any information contained in the application as to the financial resources of the applicant be available for such inspection. Publication of

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. days after receipt applications of an application for a licence, cause to be published in the manner for licences. prescribed in regulation 47 a notice containing the particulars of the application specified in Schedule A to these Regulations and specify a date, not less than 30 days after the publication of the notice, by which any representations or objections with regard to the application must be made to the licensing authority. Objection to issue of

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (d) be signed by the representor or objector. (2) If the representation or objection is made by any corporate body or partnership firm, it shall be signed by a person duly authorised by that body, or a partner of the partnership firm as the case may be.
2. (3) A copy of every representation or objection under this regulation shall be sent by the person making it to the applicant for the licence at the same time as it is sent to the licensing authority. Consideration of 26. (1) An application for a licence or variation of a licence objections by the and a representation and objection to the application made in licensing authority. accordance with regulation 8 shall, at a time and place to be notified by the licensing authority, be considered by the licensing authority.
3. (2) The licensing authority at the request of the applicant or of the representor or objector, examine the application, representation or objection in public. Grant and duration of licence. 27. (1) The licensing authority may grant licences in accordance with these Regulations and those licences shall, subject to regulations 29 and 40 continue in force for such period, not exceeding five years from the date on which it is expressed to take effect, as may be specified by the licensing authority.
4. (2) If, on or before the date of the expiration of a licence, an application has been made for the grant of a new licence in substitution for the existing licence held by the applicant, the existing licence shall continue in force until the application has been determined. Matters to be taken into 28. In considering an application for a licence referred to in account. regulation 21, the licensing authority shall have regard to-
5. (a) the public interest; (b) the need to provide reasonable protection for the operators of scheduled air services between Uganda and other States as to ensure the maintenance of regular air services for the carriage of passengers, cargo and mail between Uganda and other States; and (c) any resolution or decision of the International Civil Aviation Organisation or of the International Air Transport Association that has been approved by the Government of Uganda and is relevant to the matter. Suspension or

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (b) any condition, subject to which the licence was granted, has not been observed. Non- scheduled

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A foreign aircraft which does not possess nationality flight by of a Contracting State shall not make a non-scheduled flight to, foreign aircraft not from or across Uganda except in accordance with the provisions possessing of a licence issued in accordance with these Regulations. nationality of a contracting State. (2) In granting a licence under subregulation (1) of this regulation, the licensing authority may impose such conditions and requirements as to the flight as it thinks fit, including such conditions and requirements as it considers necessary to ensure compliance with the general principle contained in the Chicago Convention and the aircraft shall comply with those conditions

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. for adhoc regulation 31 shall provide such details as may be published in flight. Uganda and shall be submitted at least 48 hours before the expected time of arrival of the flight in Uganda.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. if it thinks fit, pending the determination of an application for a licence grant to the applicant a provisional licence which shall remain in force until the application is determined Amendment of licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. The licensing authority may, during the duration of a licence, on its own motion or on the application of the holder of the licence, amend or revoke any of the terms or conditions of the licence or add any new terms and conditions which it may consider necessary in the public interest (2) The licensing authority shall give to the holder of the licence and to every other person who in its opinion is likely to be affected, 30 days' notice of its intention to exercise any power conferred on it by this regulation. Form of licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A licence and an operating authorisation shall be in such form as the licensing authority considers suitable to meet the requirements of any particular application approved by the licensing authority and if the authority considers it convenient, it may grant to the operator of more than one service a licence or operating authorisation as the case may be, in consolidated form. (2) Where a licence is granted in consolidated form, the provisions of these Regulations relating to the payment of fees and to the imposition and variation of conditions, apply in respect of each separate service authorised under the licence as if the licence in its application to that service were a separate licence. Condition attached to

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. every licence that the all licences requirements of any law relating to aviation for the time being in force in Uganda shall be complied with at all times during the duration of the licence in connection with all flights performed under the licence. Transfer of licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A licence shall not be transferable or assignable without the consent of the licensing authority; except that, in the case of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or of the appointment of a receiver or manager or trustee in relation to the business of the holder, the person for the time being carrying on that business shall, if within 14 days application is made for a new licence, be entitled to perform the air service authorised by the licence subject to the conditions and the obligations of the licence until the application is determined Monthly returns

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (2) The return shall be made on a form to be obtained on application to the licensing authority, and shall be sent to the licensing authority not later than one month after the expiration

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. any person authorised by the Managing Director or by any person duly authorised by the licensing authority, but may elect whether to produce it at an aerodrome used in connection with air services authorised by the licence or, if the aerodrome is within Uganda in which the requirement is made, at his or her head office or principal place of business Surrender and cancellation 40. (1) If the holder of a licence ceases to operate the air of licence. service authorised by the licence, he or she shall immediately notify the licensing authority and return the licence to it for cancellation. (2) Where, owing to the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a trustee in relation to the business of the holder, he or she ceases to operate the air service authorised by the licence, then if the business of the holder is being carried on by some other person; that person, shall immediately notify the licensing authority and, unless application has been made within 14 days for a new licence, shall return the licence to it for cancellation. (3) A licence at any time shall be surrendered by the holder to the licensing authority for cancellation. (4) If during the duration of a licence, the holder applies for a new licence in substitution for the current licence for cancellation, the cancellation shall be effective on the date from which the new licence is expressed to take effect. (5) If a licence ceases to have effect, other than by the expiry of time, or is suspended or revoked, the holder shall, within 14 days after a notice to that effect has been delivered to him or her personally or sent to him or her by registered post at the address shown in his or her application or last notified in accordance with regulation 41, send or deliver the licence to the licensing authority for retention during the time of suspension or for cancellation as the case may be; and the licensing authority shall, on the removal of a

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. If a licence has been lost, destroyed or defaced, the licence holder of the licence shall immediately notify the licensing authority which shall, if satisfied that it has been so lost, destroyed or defaced, issue a duplicate, marked as a duplicate and the duplicate shall have the same effect as the original licence. (2) A duplicate licence, shall be issued on payment of a fee of 50 US dollars or its equivalent in Uganda Shillings. (3) In the case of a licence that has been defaced, the duplicate shall be issued only after surrender of the original to the licensing authority. Change of address of

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. to the licensing authority within 14 days after the date of the change and shall, at the same time, send or deliver the licence to the licensing authority, and the licensing authority shall thereupon endorse upon the licence the licence holder's new address and return the licence to him or her. Records.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (e) in the case of air service other than a scheduled air service, a detailed description of the type of the air service and the area of operation.
2. (3) In this regulation, the term licence shall be deemed to include operating authorisation. Issue of duplicate licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (3) The fees for the internal air services and also the refunds, wherever applicable, shall be one half of the fees for the international air service licence. Publication of notice, etc. 45. Wherever it is provided in these Regulations that the licensing authority shall cause to be published a notice, publication of the notice shall be made in the Uganda Gazette or in two leading newspapers in Uganda or both. Required notice to

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. regulations 13,16, or 29, the licensing authority shall give 30 or revocation days notice in writing to the holder of the licence stating the of licence. grounds upon which it is proposed to suspend or revoke the licence and the licensing authority shall not suspend or revoke the licence unless it is satisfied that, having referred to facts constituting the offence against regulation 48 or regulation 50 or owing to the frequency of the failures on the part of the holder to comply with conditions attached to every licence by virtue of subregulation (2) of regulation 4 and regulation 36, the licence should be suspended or revoked.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. the provisions of regulations 3, 14, 18, 20 or 30 shall (a) in the case of an aircraft on international air service, commits an offence and is liable on conviction for a first offence, to a fine not exceeding 10,000 US dollars or its equivalent in Uganda shillings and, for a second or subsequent offence, to a fine not exceeding 20,000 US dollars or its equivalent in Uganda shillings or, in default of payment of the fine, to imprisonment not exceeding two years; and (b) in the case of an aircraft on internal air service, commits an offence and is liable on conviction for a first offence, to a fine not exceeding 5,000 US dollars or its equivalent in Uganda shillings and, for a second or subsequent offence, to a fine not exceeding 10,000 US dollars or its equivalent in Uganda shillings or, in default of payment of the fine, to imprisonment not exceeding two years. Evidence and proof.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Regulations- (a) if it is proved that passengers or cargo were carried on any aircraft that fact shall, in the absence of proof to the contrary, be sufficient evidence that an air service was carried on by means of that aircraft; (b) a licence may be proved by the production of a copy of the licence certified to be correct by the Chairperson of the airline whose signature shall be judicially noticed. Supply of false or misleading 49. Any person who knowingly supplies any false or information. misleading information relating to a matter which is material to any application or appeal to the authority or to any member, servant or agent of the licensing authority, commits an offence and is liable on conviction to a fine not exceeding 2500 US dollars or its equivalent in Uganda shillings or in the case of a second or subsequent offence to a fine not exceeding 5,000 US dollars or its equivalent in Uganda shillings or in default of payment of the fine to imprisonment not exceeding two years. Contravention of Regulations 50. Any person who contravenes or fails to comply with or any of the provisions of these Regulations or of any terms or conditions of licence. conditions of a licence granted under these Regulations, commits an offence and, except as otherwise provided for these Regulations, is liable on conviction to a fine not exceeding 5000 US dollars or its equivalent in Uganda shillings or, in default of payment of the fine, to imprisonment not exceeding two years and, in the case of the holder of a licence granted under these Regulations any penalty imposed under this regulation shall be without prejudice to the powers of revocation or suspension of the licence by the licence by the licensing authority under regulations 13, 16 and 29. Delegation of power to grant 51. The Authority may delegate any of its powers to grant a licence. licence to the committee comprising of directors or officials or

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (2) The authority or any of the persons authorised under subregulation (1) may enter and detain any aircraft for the purposes of subregulation (1); except that under no circumstances whatsoever shall an air transport officer or the other officer specifically authorised by the Managing Director for the purpose detain an aircraft for more than three hours from the time of its intended departure or from the time of landing after being recalled unless such longer detention has been authorised by the Managing Director under this regulation.
2. (3) On receipt of a report under this regulation, the Managing Director may, pending further investigation, order detention of the aircraft for such longer period as he or she may specify or allow the aircraft to proceed in its flight whether or not an offence has been committed in respect of it. Revocation and saving.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Name and address of applicant. (2) Routes (Routes/countries for non-scheduled services). (3) Frequency of service. (4) Type of load (Passenger or Cargo or both). (5) Date for service to commence. (6) Period of which licence required. (7) Type of aircraft to be used.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.