Section 1
PRELIMINARY - 1. Citation.
Section 1. Citation. Section These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations, 2018.
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Section 1
Section 1. Citation. Section These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations, 2018.
Section 2
Section 2. Interpretation. Section such fixed accommodation and other land arrangements of services as may be appropriate for such persons in Kenya; and
Section 3
Section 3. Operating without alicenceprohibited. Section A person shall not use an aircraft within Kenya for the provision of any air service except under and in accordance with the terms and conditions of a licence issued by the Authority under these Regulations.
Section 4
Section 4. Application for a licence under this Part. Section 4(1)(a) intends to provide any air service; Section 4(1)(b) intends to renew a licence for an existing air service; Section 4(1)(c) intends to vary the terms or conditions specified on the licence; or Section 4(1)(d) is deemed by the Authority to have made significant changes as provided under regulation 21(3), shall apply to the Authority for a licence. Section 4(2) An application for a licence for any of the categories of air service set out in the First Schedule shall be made to the Authority in a prescribed form and shall contain the particulars set out in the Second Schedule. Section 4(3) The Authority shall develop procedures for processing an application for licence under this Part. Section 4(4)(a) in the case of a sole proprietor, the owner; Section 4(4)(b) in the case of a body corporate, a director or an authorized officer; and Section 4(4)(c) in the case of a partnership, a partner or an authorized officer. Section 4(5) An application for a licence, other than a short-term licence, shall be made to the Authority not less than ninety days before the date on which it is desired to take effect. Section 4(6) Where...
Section 5
Section 5. Issuance of licence under this Part. Section 5(1)(a) the applicant is a citizen of Kenya; or Section 5(1)(b) in the case of a body corporate or a partnership, at least fifty one (51%) per cent of the voting rights are ultimately held by the State, a citizen of Kenya or both: Section 5(1)(c) the aircraft which will be used in operating the air service is a Kenyan registered aircraft: Section 5(1)(d) the applicant has met the requirements of Regulations 19, 20 and 47; Section 5(1)(e) the applicant is able to meet the requirements of the Authority for an air operator’s certificate for the category of service and aircraft as those set out in the First and Third schedules; and Section 5(1)(f) the applicant meets the requirements of any law relating to aviation safety and security, public health, environmental protection and business operations in general. Section 5(2) For the purpose of this regulation "special nature of the air service" shall include service in the interest of social welfare, charity, for purposes of salvage on humanitarian grounds or of assistance in saving life or in the public interest.
Section 6
Section 6. Additional requirements for scheduledinternal air service. Section has an effective reservations and sales system;
Section 7
Section 7. Conditions to a licence for internal air service. Section 7(1)(a) specify the routes or areas that may be operated under the licence; Section 7(1)(b) determine the classes or descriptions of passengers or goods that may be carried; and Section 7(1)(c) the approved schedule of air services shall be observed. Section 7(2)(a) refrain from stipulating that any other person shall refuse booking facilities to any other licensee; Section 7(2)(b) deny booking facilities to any other licensee; or Section 7(2)(c) refrain from granting such facilities to other licensees on onerous terms. Section 7(3)(a) with an aircraft of not more than twenty revenue seats; and Section 7(3)(b) with a capacity not more than ten thousand seats per year, the Authority may decline to license another air carrier on that route for a period of two years.
Section 8
Section 8. Public interest and development of air service. Section the existence of other air services in the area through which the proposed air service is to be operated;
Section 9
Section 9. Essential service obligation. Section 9(1)(a) the availability of services to all consumers including low income, rural and disadvantaged passengers and shippers; and Section 9(1)(b) economic development of the region in which the airport is located. Section 9(2) The Cabinet Secretary shall publish the existence of this essential service obligation in the Kenya Gazette. Section 9(3)(a) public interest; Section 9(3)(b) the possibility for the region, of having recourse to other forms of transport and the ability of such forms to meet the transport needs under consideration; and Section 9(3)(c) the airfares and conditions which can be quoted to users. Section 9(4) In instances where other forms of transport cannot ensure an adequate and uninterrupted service, the Authority may include in the essential service obligation the requirement that any air carrier intending to operate the route gives a guarantee that it shall operate the route for a minimum period of two years in addition to the other terms of the essential service obligation. Section 9(5) The right to operate the service referred to under subregulation (4) shall be granted by way of a public tender for an airport...
Section 10
Section 10. Operating without alicenceprohibited. Section A person shall not use an aircraft for the provision of any air service , to, from or in transit through Kenya, except under and in accordance with the terms and conditions of a licence issued by the Authority under these Regulations.
Section 11
Section 11. Application for a licence under this Part. Section 11(1)(a) intends to provide any air service; Section 11(1)(b) intends to renew a licence for an existing air service; Section 11(1)(c) intends to vary the terms or conditions specified on the licence; or Section 11(1)(d) is deemed by the Authority to have made significant changes as provided under regulation 21(3), shall apply to the Authority for a licence. Section 11(2) An application for a licence of any of the categories set out in the First schedule shall be made to the Authority in a prescribed form and shall contain the particulars set out in the Second Schedule. Section 11(3) The Authority shall develop procedures for processing an application for licence under this part. Section 11(4)(a) in the case of a sole proprietor, the owner; Section 11(4)(b) in the case of a body corporate, a director or an authorized officer; and Section 11(4)(c) in the case of a partnership, a partner or an authorized officer. Section 11(5) An application for a licence, other than a short-term licence, shall be made to the Authority not less than ninety days before the date on which it is desired to take effect. Section 11(6) Where an...
Section 12
Section 12. Issuance of a licence under this Part. Section the applicant is a citizen of Kenya; or
Section 13
Section 13. Issuance of Operating Authorization. Section 13(1) An airline whose principal place of business is in a foreign State shall not operate a scheduled air service to, from, or across Kenya unless there is in force an operating authorization for that air service issued by the Authority in accordance with subregulation (2). Section 13(2)(a) there is in force between Kenya and the State in which the airline has its principal place of business an air service agreement or arrangement under which scheduled air services may be operated; Section 13(2)(b) the airline has been designated in accordance with the provisions of the relevant agreement or arrangement; and Section 13(2)(c) the Authority is satisfied that the airline conforms to and complies with the terms and conditions of the relevant agreement or arrangement. Section 13(3) An operating authorization shall remain valid as long as the relevant agreement or arrangement is in force. Section 13(4) The Operating Authorization referred in subregulation (2) may be amended, suspended or revoked in accordance with the terms and conditions of the relevant agreement or arrangement. Section 13(5) The Authority shall cause to be publi...
Section 14
Section 14. Terms and conditions oflicence. Section A licensed air carrier whose principal place of business is in Kenya shall not engage in the provision of air services outside Kenya except under and in accordance with the terms and conditions of the licence issued by the Authority .
Section 15
Section 15. Conditions forinternational scheduled air service. Section has an effective reservations and sales system;
Section 16
Section 16. Foreign aircraft in transit not to over fly or land unless authorized. Section 16(1) A foreign aircraft shall not fly in transit non-stop across Kenya or land in Kenya for non-traffic purposes in the course of a nonscheduled flight unless authorized by the Authority. Section 16(2) In granting authorization under subregulation (1), the Authority may impose on the flight such conditions and requirements as it deems necessary to ensure compliance with the general principles contained in the Chicago Convention and the aircraft shall comply. Section 16(3) Where a foreign registered aircraft makes a non-scheduled flight into Kenya it shall not take on or discharge passengers, cargo or mail for reward except in accordance with the terms and conditions of the authorization issued. Section 16(4) The Authority shall cause to be published procedures to be followed and particulars to be supplied by applicants and the applicable fee for an authorization referred to in this Regulation. Section 16(5) Where it appears that a foreign registered aircraft intends, in the course of a non-scheduled flight over Kenya, to proceed over regions without adequate air navigation facilities, the Au...
Section 17
Section 17. Conditions for non-scheduled international air service licence. Section 17(1)(a) the international air service concerned shall be operated in a manner that complies with the applicable international conventions which Kenya has ratified; Section 17(1)(b) the applicant is fit and able to operate the international air service; Section 17(1)(c) in the case of a foreign applicant, the applicant is appropriately certificated by a competent authority in the home State for the service; and Section 17(1)(d) the proposed air service does not disrupt the existing scheduled air service. Section 17(2) When processing the application, the Authority shall have due regard to fairness, equity and reciprocal treatment accorded to Kenyan air carriers by the State of the applicant.
Section 18
Section 18. Conditions for operating a non-scheduled air service. Section 18(1)(a) not take on any traffic at any point in Kenya, for discharge within Kenya, except that traffic which the air carrier originally brought in; Section 18(1)(b) furnish the Authority with any statistics, within thirty days from the date of the request; Section 18(1)(c) make the necessary arrangements to ensure that the operation of the air service is facilitated at the terminal airport in Kenya at the time of arrival and departure; and Section 18(1)(d) for air carriers operating inclusive tour charters, transport only inclusive tour package passengers unless specifically authorized by the Authority to transport other traffic. Section 18(2) Any person who contravenes the provisions of subregulation (1) commits an offence and shall, on conviction, be liable, in the first instance, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or both and for every subsequent offence, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or to both.
Section 19
Section 19. Further conditions to application for licence. Section 19(1)(a) meet at any time, its actual and potential obligations, according to its business plan for a period of two years from the start of operations; Section 19(1)(a)(i) meet at any time, its actual and potential obligations, according to its business plan for a period of two years from the start of operations; Section 19(1)(a)(ii) meet its fixed and operational costs incurred from operations according to its business plan established under realistic assumptions, for a period of three months from the start of operations without relying on revenue generated by the operations; Section 19(1)(b) provide all relevant information, in particular the data referred to in Part A of the Fourth Schedule. Section 19(2) For the purpose of sub regulation (1), an applicant shall submit a business plan for the first two years of operation, which shall be in accordance to the format set out in the Fifth Schedule. Section 19(3) In respect of foreign air carriers, the Authority may accept as sufficient evidence, the production of licences, certificates and documents issued by competent authorities in their home States for purposes of...
Section 20
Section 20. Proof of integrity of persons to control operations. Section 20(1) The Authority may require, for the purpose of issuing a licence, proof that the person(s) who shall continuously and effectively control the operations of the air carrier are of unquestionable integrity or that they have not been declared bankrupt or convicted of a criminal offence by an appropriate authority. Section 20(2) For the purposes of subregulation (1) the Authority may accept as sufficient evidence in respect of foreign nationals, the production of documents issued by competent authorities in the States of origin or the State from which the foreign national comes showing that those requirements are met.
Section 21
Section 21. Notification of change in operation by air carrier. Section 21(1)(a) operation of a new scheduled air service or a non-scheduled air service to a continent or region not previously served; Section 21(1)(b) changes in the type, category or number of aircraft used or a substantial change in the scale of its activities; Section 21(1)(c) changes in the particulars of the membership of a partnership or changes in its legal status; Section 21(1)(d) changes in the controlling shareholding or changes in the ownership of any single shareholding which represents ten per centum or more of the total shareholding of the air carrier or its parent or ultimate holding company; or Section 21(1)(e) changes in the particulars of the key personnel appointed by the licensee to be responsible and accountable for the operations of the air service. Section 21(2) The submission of a one year business plan two months in advance of the period to which it refers shall constitute sufficient notice under this regulation for the purpose of changes to current operations and circumstances which are included in that business plan. Section 21(3) If the Authority deems the changes notified under subregula...
Section 22
Section 22. Aircraft ownership not a condition for licence. Section 22(1) Ownership of aircraft shall not be a condition for granting or maintaining a licence. Section 22(2)(a) an applicant for an air service licence shall have in place an arrangement for one or more aircraft through ownership or dry lease, at its disposal and under its operational control; Section 22(2)(b) aircraft used by an air carrier shall be registered in its national register. Section 22(3) The Authority may upon request by an air carrier approve operation of an aircraft under a dry lease arrangement for an initial renewable period of twelve (12) months provided that there exists evidence of adequate insurance cover for the operation under dry-lease arrangement. Section 22(4) The Authority may upon request by an air carrier approve operation of an aircraft under a wet lease arrangement to meet temporary and exceptional requirements of an on-going air service operation for a period of six months provided that there exists evidence of adequate insurance cover for the operation under wetlease arrangement. Section 22(5)(a) submission of a statement justifying extension; Section 22(5)(b) the insurance policy adeq...
Section 23
Section 23. Approval for use of aircraft from another operator. Section 23(1) No air carrier shall use an aircraft from another carrier or provide its aircraft to another carrier for operations without prior approval from the Authority. Section 23(2)(a) the ability of the air carrier maintaining air operator certificate requirements; Section 23(2)(b) liability standards and the extent of incorporation of the arrangement in the insurance cover; Section 23(2)(c) extent of disclosure of the arrangement by carrier to the public; and Section 23(2)(d) regularity of air service provided under such arrangement. Section 23(3) The conditions of the approval under subregulation (2) shall be part of the lease, sub charter, code share or aircraft interchange agreement between the parties. Section 23(4) The Authority may during the currency of a lease, subcharter, interchange or code share approval on its own volition or on the application by a lessee or lessor, sub-charterer or a party to an interchange or a code share arrangement, vary, suspend or revoke any of the terms or conditions of any of these approvals or the approval in its entirety. Section 23(5) The Authority shall develop procedure...
Section 24
Section 24. Condition for provision ofair service. Section air services except under a valid Air Operator Certificate (AOC);
Section 25
Section 25. Application particulars to be published. Section 25(1) The Authority shall, after the receipt of an application for a licence other than an application for a short-term licence, cause to be published in the Kenya Gazette, a notice containing the particulars of the application and such particulars shall be those set out in the Sixth Schedule. Section 25(2) Any person may, within twenty-one days after the publication of the notice referred to in subregulation (1), make representation(s) in writing to the Authority, in favour of or against an application. Section 25(3)(a) be in writing; Section 25(3)(b) state the specific grounds on which it is based; Section 25(3)(c) specify any conditions to be attached to a licence if issued; and Section 25(3)(d) be signed by the person making it, or a person authorized in the case of a body corporate or a partnership. Section 25(4) A copy of every representation in favour of or against an application for a licence shall be sent by the person making it to the applicant at the same time it is sent to the Authority using registered mail. Section 25(5) The Authority may dismiss any representation to an application for a licence where it co...
Section 26
Section 26. Public hearing. Section 26(1) The Authority shall hold a hearing at such places as may be notified for the purpose of determining an application. Section 26(2) The Authority shall give notice of the day, time and venue of the hearing to the applicant(s) and the public. Section 26(3) A person making representation(s) to the Authority may appear at the hearing of an application in person, by a legal representative or other duly authorized representative, but shall not be entitled to recover any costs from the Authority incurred by him or her in the proceedings. Section 26(4) The Authority shall keep record of the proceedings. Section 26(5) The Authority shall make a decision on an application not later than thirty days after the hearing of the application. Section 26(6) In making a decision on an application, the Authority shall consider all representations, relevant information and supporting documents. Section 26(7) The Authority may defer determination of an application in order to obtain further information provided that such a deferment shall not exceed six months from the date of notification of the deferment.
Section 27
Section 27. Reasons for refusal to issuelicence. Section 27(1) The Authority shall, upon request by an applicant or a person who objected the application and subject to payment of the applicable fee, provide reasons in writing for the decision: Provided that where the reason for the decision relates to matters of national security, the Authority shall not disclose the same except with the consent of the Cabinet Secretary or by a court order. Section 27(2) An applicant whose application for a licence has been unsuccessful may, upon expiry of three months from the date of notification of the decision, submit a new application to the Authority .
Section 28
Section 28. Decisions to be published. Section The Authority shall publish decisions on applications for licence , revocation and suspension of licence in the Kenya Gazette pursuant to the Seventh Schedule.
Section 29
Section 29. Conditions attached to alicence. Section 29(1)(a) that the licensee is sufficiently insured in relation to the type of air service and type of aircraft endorsed on the licence including third party liability; Section 29(1)(b) that the requirements of any law relating to aviation and any air traffic control procedure for the time being in force in Kenya are complied with during the currency of the licence ; and Section 29(1)(c) that uplift and discharge of air traffic in Kenya complies with national laws and rules relating to aviation safety and security, environment, customs, immigration and public health.
Section 30
Section 30. Lapse of alicence. Section 30(1)(a) where an air carrier ceases operations for six consecutive months; Section 30(1)(b) where operations have not commenced within six months after issuance of the licence ; Section 30(1)(c) upon a licensee’s death, incapacity, bankruptcy in the case of a sole proprietorship or, Section 30(1)(d) as soon as the licensee is under liquidation, sequestrated, incapacitated or placed under receivership as the case may be: Section 30(2) In the case where it is not intended for the operations to continue, the licence shall be returned for cancellation within fourteen (14) days. Section 30(3)(a) not to have commenced operations if within six months of issuance of the licence the air carrier has not operated a revenue flight under the terms and conditions of the licence ; or Section 30(3)(b) to have ceased operation if the air carrier has not carried out any flight six months after the last recorded revenue flight.
Section 31
Section 31. Variation, suspension or revocation oflicence. Section 31(1) The Authority may vary any terms or conditions of a licence or revoke a licence either on its own volition or on application by the licensee. Section 31(2) Whenever it appears that an air carrier is experiencing financial problems, the Authority may, upon assessment of the carrier’s performance, suspend or revoke the licence . Section 31(3)(a) has been found guilty of giving false information to the Authority under regulation 68; Section 31(3)(b) has contravened any terms or condition of the licence ; or Section 31(3)(c) has contravened or failed to comply with any of the provisions of these Regulations. Section 31(4) The Authority may recall a licence to amend errors of administrative nature provided that upon the lapse of twenty one days’ notice without response to such recall, the Authority shall revoke the licence .
Section 32
Section 32. Procedure for revocation, variation or suspension of licence. Section 32(1) The Authority shall give the licensee twenty one days’ notice in writing before varying, revoking or suspending any licence or terms or conditions of a licence stating the grounds upon which it is proposed to vary, revoke or suspend the licence or the terms or conditions of the licence. Section 32(2)(a) direct a licensee to comply with such terms or conditions as it may specify within the period determined by the Authority; Section 32(2)(b) vary the licence; Section 32(2)(c) suspend the licence concerned for a period not exceeding two years; or Section 32(2)(d) revoke the licence. Section 32(3) Where a licence is revoked or suspended the Authority shall state in writing the reasons for its decision.
Section 33
Section 33. Temporarylicence. Section 33(1) The Authority may upon request grant a temporary licence to an applicant for a period not exceeding one hundred and twenty days pending determination of the substantive application for licence . Section 33(2)(a) is of the opinion that compliance with the procedure for processing of application referred to would defeat the objective of such application; Section 33(2)(b) is satisfied that the applicant conforms to the general requirements relating to an application for licence ; Section 33(2)(c) is satisfied that the proposed service is in the interest of social welfare, charity, for purposes of salvage on humanitarian grounds or of assistance in saving life or in the public interest:
Section 34
Section 34. Short-term licence. Section 34(1) The Authority may upon request grant a short term licence to an applicant for a period not exceeding seven days if satisfied that the application is in public interest and requires expeditious determination, in which case the provisions of these Regulations as to publication of particulars of application and representation shall not apply. Section 34(2)(a) public interest; Section 34(2)(b) the need to provide reasonable protection for air carriers of scheduled air services to ensure regularity of the service between Kenya and other States; Section 34(2)(c) any resolution or decision of the International Civil Aviation Organization or of the International Air Transport Association that has been approved by the Authority and is relevant to the particular application. Section 34(3) In the case where a request for a short term licence is made subsequent to a substantive application for a licence, the provisions of subregulation (1) shall not apply. Section 34(4) The Authority may refuse to grant an application for a short term licence on the basis of regularity of short term operations under this regulation. Section 34(5) For the purpose of...
Section 35
Section 35. Validity of a licence. Section 35(1)(a) the duration of a licence issued under these Regulations shall not exceed five years from the date on which it is specified to take effect; or Section 35(1)(b) if an application for renewal has been lodged with the Authority before expiry of the licence held by the applicant, the existing licence shall remain in force until such application has been determined. Section 35(2) Payment of a licence fee shall be made within thirty days from the date of gazettement of the decisions. Section 35(3) In the case where an applicant fails to make payment referred in subregulation (2) it shall be deemed to have forfeited its right to a licence.
Section 36
Section 36. Limitation of traffic rights in certain cases. Section 36(1) When physical constraints or environmental problems exist the Authority may, subject to this regulation, impose conditions, limit or refuse the exercise of traffic rights in particular when other modes of transport can provide satisfactory levels of service. Section 36(2)(a) be non- discriminatory on grounds of identity of air carriers; Section 36(2)(b) have a limited period of validity, not exceeding three years, after which it shall be reviewed; Section 36(2)(c) not unduly affect the objectives of these Regulations; Section 36(2)(d) not distort competition between air carriers; and Section 36(2)(e) not be more restrictive than necessary in order to relieve the problems.
Section 37
Section 37. Form of application andlicence. Section an application is made in a consolidated form for the categories of air services and aircraft, the provisions of these Regulations relating to payment of fees shall apply to each separate category of air service as if they were separate applications; and
Section 38
Section 38. Licence not transferrable. Section A licence is not transferrable or assignable.
Section 39
Section 39. Confidentiality of information disclosed. Section Notwithstanding the provisions of these Regulations, the Authority may require an applicant to disclose information as to his or her financial resources, and such information shall be treated as confidential.
Section 40
Section 40. Provisions as to conveyance of mails. Section 40(1) The holder of a licence shall perform all such reasonable services as the Communications Authority of Kenya may from time to time require in regard to the conveyance of mails (and of any persons who may be in charge thereof) upon air services operated under the licence . Section 40(2) The remuneration for any services performed in pursuance of this regulation shall be such as may from time to time be determined by agreement between the Communications Authority of Kenya and the licence holder.
Section 41
Section 41. Filing of monthly returns. Section 41(1) The holder of a licence or operating authorization shall make a monthly return in writing to the Authority giving, in respect of the month to which the return relates, the particulars set out in the Eighth Schedule with regard to all air services authorized by the licence or operating authorization. Section 41(2) The returns to be made in accordance with subregulation (1) shall be made on a form prescribed by the Authority, and shall be sent to the Authority not later than two months after the expiration of the month to which the return relates.
Section 42
Section 42. Production oflicence. Section The holder of a licence shall produce such licence for inspection upon a request from the Authority or any person authorized by the Authority .
Section 43
Section 43. Surrender and cancellation oflicence. Section 43(1) In the event of the holder of a licence ceasing to operate the air service authorized thereby he or she shall forthwith notify the Authority and return the licence for cancellation: Provided that where, owing to death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or to the appointment of a receiver or manager or trustee in relation to the business of the holder, he or she ceases to operate the air service authorized by the licence , then if the business of the holder is being carried on by some other person, that person shall forthwith notify the Authority and unless an application has been made within fourteen days for a new licence , shall return the licence for cancellation. Section 43(2) A licence may at any time be surrendered by the holder to the Authority for cancellation. Section 43(3) If a licence ceases to have effect, otherwise than by the effluxion of time, or is suspended or revoked, the holder thereof shall, within fourteen days after a notice to that effect has been delivered to him or her personally or sent to him or her by registered mail at the address shown in its a...
Section 44
Section 44. Replacement of alicence. Section If a licence has been lost, destroyed or defaced the holder thereof shall forthwith notify the Authority which shall, if satisfied that licence has been lost, destroyed or defaced, issue a duplicate, so marked, and the duplicate so issued shall have the same effect as the original: Provided that, in the case of a licence that has been defaced, the duplicate shall be issued only after surrender of the original to the Authority .
Section 45
Section 45. Change of name or address. Section An air carrier shall, if it changes its address or company name during currency of its licence , notify such change to the Authority within fourteen days of such change and surrender the licence to the Authority for amendment.
Section 46
Section 46. Records. Section 46(1)(a) the date on which the licence is due to commence; Section 46(1)(b) the date on which it is due to expire; Section 46(1)(c) any terms and conditions attached to a granted licence ; Section 46(1)(d) in the case of a scheduled air service , terminal and intermediate landing places on the specified route; Section 46(1)(e) in the case of an air service other than a scheduled one, a detailed description of the type of service and the geographical area of operation; and Section 46(1)(f) in the case of a rejection or deferment, reasons as the case may be.
Section 47
Section 47. Fees. Section 47(1) There shall be paid in respect of an application for, and grant of an authorization or a licence , the applicable fee in respect of each type of air service , category of aircraft and duration of authorization or licence , as may be prescribed by the Authority from time to time. Section 47(2) Fee paid under these Regulations shall be non-refundable.
Section 48
Section 48. Air ticket. Section 48(1) The holder of a licence shall issue or cause to be issued an air ticket to each passenger to be transported. Section 48(2)(a) name or trade name of the licensee issuing the ticket; Section 48(2)(b) name of the passenger to be transported; Section 48(2)(c) date of issue and period of validity of the ticket; Section 48(2)(d) places of departure and destination; Section 48(2)(e) place of issue of the ticket; Section 48(2)(f) serial number of the ticket; Section 48(2)(g) name, trade name or the designated International Air Transport Association code of the licensee transporting the passenger; and Section 48(2)(h) cost of the ticket including disclosure of any tax and terms and conditions attached, Section 48(3) An air ticket issued under subregulation (1) shall contain an endorsement to the effect that the licensee referred to in subregulation (2)(g) is duly licensed and complies with the requirements of the Act and these Regulations. Section 48(4) A licensee shall keep copies of all air tickets issued under subregulation (1) for a period of not less than twelve months from the date on which the flight to which the ticket relates took place. Sectio...
Section 49
Section 49. Airway bill. Section 49(1) The holder of a licence shall issue or cause to be issued an air waybill in respect of each consignment of cargo to be transported. Section 49(2)(a) name or trade name of the licensee issuing the airway bill; Section 49(2)(b) contents of such consignment of cargo; Section 49(2)(c) mass and volume of such consignment of cargo; Section 49(2)(d) places of origin and destination; Section 49(2)(e) serial number of the air waybill; Section 49(2)(f) name, trade name or designated International Air Transport Association code of the licensee transporting the cargo; and, Section 49(2)(g) cargo tariff and disclosure of any tax and terms and conditions attached applicable condition: Section 49(3) An airway bill issued under subregulation (1) shall contain an endorsement to the effect that the licensee referred to in subregulation (2)(f) is duly licensed and complies with the requirements of the Act and these Regulations. Section 49(4) A licensee shall keep copies of all airway bills issued under subregulation (1) for a period not less than twelve (12) months from the date on which the flight to which the airway bill relates took place. Section 49(5) subje...
Section 50
Section 50. Passenger manifest. Section 50(1) The holder of a licence shall compile or cause to be compiled before each flight a passenger manifest in respect of the flight and such a manifest shall be kept for a period not less than 12 months from the date on which the flight to which it relates took place. Section 50(2) A passenger manifest compiled in terms of sub regulation (1), shall at least contain the name and nationality of each passenger . Section 50(3) Subject to the provisions of sub regulation (1), a licensee shall upon request by the Authority , furnish it with copies of any passenger manifests or any information thereon, for such period as may be determined.