Civil Aviation Authority Act

Section Scope of application Section This Act shall extend to all aircraft operating in Uganda airspace, whether the aircraft is of foreign or Uganda registry, and to Uganda aircraft operating outside of Uganda territory. This Act shall not apply to State aircraft except where it is expressly stated. Notwithstanding subsection (2), in the interest of safety, all aircraft shall be subject to the safety provisions of this Act relating to the rules of the air and air traffic services.

Section Interpretation Section In this Act, unless the context otherwise requires— " accident " includes any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened; " aerial work " means any purpose, other than public transport , for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight ; " aerodrome " means any definite and limited ground or water area (including any building, installation and equipment) used or intended to be used, either wholly or in part, for the arrival or departure or surface movement of aircraft ; " aircraft " includes all flying machines, aeroplanes, seaplanes, flying boats, helicopters, gliders and other aircraft designed to be heavier than air, also all airships and balloons and other aircraft designed to be lighter than air; " air navigation service " includes— (i) communication services, whether ground to air or ground to ground, provided for the safety of aircraft ; (ii) navigational services, that is to say, radio, radar and visual aids to navigation; (iii) air traffic services provided for the safety of aircraft and for the regularity of flight ;...

Section Establishment of the authority Section The authority — There is established an authority by the name of the Civil Aviation Authority. shall be a body corporate with perpetual succession; shall have a seal; may sue or be sued in its corporate name; and may acquire, hold, manage and dispose of movable and immovable property.

Section Seal of the authority Section The seal of the authority shall be authenticated by the signatures of the managing director and the secretary to the board . In the absence of the managing director, the deputy managing director may sign in his or her place, and the person performing the functions of the secretary may sign in the absence of the secretary. A document issued by the authority which is sealed with the seal of the authority and authenticated in the manner provided by this section shall be received and taken to be a true instrument without further proof unless the contrary is shown.

Section Objective of the authority Section The objective of the authority is to promote the safe, regular, secure and efficient use and development of civil aviation inside and outside Uganda.

Section Functions of the authority Section The authority shall advise the Government— In addition to its functions under subsection (1), the authority shall be responsible for— on policy matters concerning civil aviation generally; and with regard to international conventions relating to civil aviation and the adoption of measures necessary to give effect to the standards and recommended practices under those conventions. the licensing of air transport; the designation of domestic and international air carriers; the provision of air navigation services; the establishment, maintenance, development, operation and ownership of aerodromes; the provision of rescue and fire fighting services at aerodromes; the provision of assistance and information, including aeronautical information services; the coordination and direction of search and rescue services; the provision of facilities and services in relation to the investigation of aircraft accidents and incidents; the registration of aircraft ; the safety regulation of civil aviation; the provision, in conjunction with other agencies of the Government, including the military, of arrangements to prevent or deal with all unlawful interfere...

Section Powers of the authority Section Without limiting the generality of subsection (1), the authority shall have power— The authority shall have all powers pertaining to a legal person and may do all things necessary for better carrying out its functions. to enter into contracts, subject to financial limitations set by the Minister ; to acquire, hold, lease out and dispose of all types of assets including land and fixed and floating assets; to let or hire plant, machinery, equipment or assets required by the authority ; and to appoint a body or bodies to advise the authority in relation to the performance of its functions.

Section Termination of appointment Section The Minister may terminate the appointment of a member— for misbehaviour or mental incapacity; if the member becomes bankrupt; if the member becomes involved in a conflict of interest; if the member has been convicted of a criminal offence; if the member is absent from three consecutive meetings of the board or if, in any given calendar year, he or she attends less than half of the meetings of the board ; or for any other sufficient cause. A member of the board may resign his or her office in writing under his or her hand by giving not less than one month’s notice to the Minister .

Section Functions, duties and powers of the board Section The board shall be responsible for the general control of the performance and management of the undertakings and affairs of the authority ; and without derogating from the generality of the foregoing provision, the board shall— determine the general performance of the authority ; approve business plans; determine and approve estimates of income and expenditure; review the performance of the top management officials; monitor the deployment and utilisation of the movable and immovable property of the authority ; do other things as is provided by the Act or that may be necessary for the proper implementation of the Act.

Section Meetings of the board Section The board shall meet for the discharge of its functions as often as is necessary; and in any case, the board shall meet at least once in every three months at a time and place specified by the chairperson . The proceedings of the meetings of the board shall be as set out in the Schedule to this Act.

Section Remuneration of members Section Members of the board and any other person not being an employee of the authority attending a meeting of the board may be paid such remuneration or allowance as the Minister may determine.

Section Board of directors Section If a member of the board — The governing body of the authority shall be a board of directors consisting of the managing director and not less than four and not more than eight directors one of whom shall be the chairperson . All directors shall be appointed by the Minister for a period of three years on terms and conditions that may be specified in the instruments of appointment and shall be eligible for reappointment. The Minister shall appoint one of the directors, other than the managing director, to be chairperson of the board . dies; resigns; gets his or her appointment terminated; or ceases to hold office for any reason other than a reason under paragraph (a), (b) or (c), A member appointed under subsection (4) shall be eligible for reappointment. The chairperson shall notify the Minister as soon as a vacancy occurs in the membership of the board , and the Minister shall fill the vacancy within three months of receiving the notice.

Section Qualifications of members of the board Section A person may be appointed a director— When appointing members of the board , the Minister shall ensure that at least one of the three members of the board — if he or she is a citizen of Uganda; or if he or she is lawfully admitted into Uganda for permanent residence and is actually residing in Uganda. The Minister shall appoint to the board persons without substantial conflicting interests with the board . has a recognised qualification in financial analysis; has a minimum experience of ten years at a senior position in the aviation industry; has been a legal practitioner for at least ten years.

Section Managing director Section The Minister may, after consultation with the board , terminate the appointment of the managing director— There shall be a managing director of the authority , who shall be appointed by the Minister on the recommendation of the board on terms and conditions that may be specified in the instrument of appointment. The managing director shall be a person with considerable knowledge and experience in aviation, administration, industry, engineering or other qualifications and experience or proven ability in other fields that the board and the Minister may consider relevant. The managing director shall be the chief executive officer of the authority and shall be responsible to the board . The managing director may not engage in paid employment outside the duties of his or her office except with the written approval of the Minister . A person appointed managing director shall hold office for a period not exceeding five years as may be specified in the instrument of appointment and shall be eligible for reappointment. for misbehaviour; for physical or mental incapacity; if the managing director becomes bankrupt; if the managing director is absent from offi...

Section Duties of the managing director Section The managing director shall, subject to the control of the board on matters of policy, be responsible for— running the authority on sound commercial principles in accordance with policies and decisions made by the board ; planning and implementing the development of the civil aviation industry in Uganda aiming at promoting efficient, safe and reliable aviation services; controlling the resources and operations of all the services under the authority ; submitting business plans and estimates of income and expenditure to the board for its approval; implementing the decisions of the board ; carrying out any duty that may be devolved on him or her by the Minister or the board . In the performance of his or her duties, the managing director shall keep the board fully informed of the affairs of the authority and shall consult the board from time to time as may be necessary.

Section Deputy managing director Section There shall be a deputy managing director who shall assist the managing director in the performance of his or her duties and perform the duties of the managing director in the absence of the managing director. The deputy managing director shall be appointed by the Minister on the recommendation of the board and shall be responsible to the managing director.

Section Corporation secretary Section The corporation secretary shall be the secretary to the board and shall, in addition to any function that may be conferred upon him or her by the Minister , the board or the managing director, be responsible for— There shall be a corporation secretary who shall be appointed by the Minister on the recommendation of the board on terms and conditions that may be specified in the instrument of appointment. taking the minutes of the meetings of the board ; keeping the records of all decisions of the board ; keeping records of legal transactions of the authority ; and keeping the seal of the authority . The secretary shall, unless under exceptional circumstances the board directs in writing, giving the circumstances leading to its decision, attend all meetings of the board but shall not have a right to vote on any matter before the board . In the absence of the secretary, whether for ill health, vacancy or otherwise, the board may appoint another employee of the authority to perform the functions of the secretary until the secretary resumes office or the vacancy is filled. In the performance of his or her duties, the secretary shall be responsible to...

Section Other staff Section The authority shall have such other officers and supporting staff as the board may determine.

Section Security regulations Section For the purposes of protecting passengers, crew members, aircraft , aerodromes and other aviation facilities, preventing unlawful interference with civil aviation and assuring that appropriate action is taken when interference occurs or is likely to occur, the Minister , on the recommendation of the authority , may make regulations— requiring any owner or operator of a Ugandan registered aircraft to establish, maintain and carry out, at aerodromes and on the aircraft and at any aviation facilities under his or her control, security measures that may be prescribed by the regulations or security measures necessary for the purpose the regulations are made; requiring any owner or operator of an aircraft registered outside Uganda that lands at or departs from aerodromes in Uganda to establish, maintain and carry out, at aerodromes and on the aircraft and at any aviation facilities under his or her control, security measures that may be prescribed by the regulations or security measures necessary for the purpose the regulations are made; and requiring any operator of a licensed aerodrome to maintain and carry out security measures at the aerodrome .

Section Passenger screening Section The authority shall ensure the proper screening of all passengers and cargo for security purposes. No person shall board an aircraft who has not, when requested by a security officer, submitted to an authorised search of his or her person, or permitted an authorised search to be carried out on the goods that he or she took or had placed on board the aircraft .

Section Aerodrome security Section The authority shall be responsible for the security of its aerodromes and equipment, including those installations that are located away from the aerodromes.

Section Police Section The policing of the property of the authority shall be the responsibility of a special unit of a designated security force, trained in airport security.

Section Inspection of aircraft Section The authority shall be authorised to inspect all aircraft on Ugandan territory, regardless of their place of registry, for reasons of security.

Section Sole shareholder Section The Government shall be the sole shareholder of the authority .

Section Funds of the authority Section The funds of the authority shall consist of— share capital as may be determined by the board ; grants from the Government; grants and loans from any body, organisation or person; interest on savings made by the authority ; monies that may accrue to the authority in the discharge of its functions; and money from any other source as may be approved by the Minister . The authority may possess its own bank accounts in both domestic and foreign currencies in a bank approved by the board . The authority may, with the approval of the Minister , invest any funds of the authority not immediately required for use by the board . The Government may provide appropriations to meet operating deficits and capital funding.

Section Commercial ventures Section The authority may, with a written approval of the Minister — subscribe to or purchase shares, debentures or other securities of a company; join in the formation of a company that would be a subsidiary of the authority at its formation; enter into a partnership.

Section Estimates Section The authority shall, within three months before the commencement of each financial year, prepare and submit to the Minister for his or her approval, estimates of income and expenditure of the authority for the next ensuing year as may be approved by the board ; and at any time before the end of a financial year, the authority may prepare and submit to the Minister for approval any estimates supplementary to the estimates of a current year. The Minister shall notify the board of his or her decision on the estimates submitted to him or her within one month after the submission of the estimates. No expenditure shall be made out of the funds of the authority unless that expenditure is part of the expenditure approved by the Minister under estimates for the financial year in which that expenditure is to be made or in estimates supplementary to that year’s estimates.

Section Borrowing powers Section For purposes of paying any loan under this section and any interest on that loan, the authority may— The authority may, with the prior approval of the Minister , borrow funds required for meeting its obligations and for carrying out its functions. The authority may borrow temporarily by way of overdraft or otherwise sums of money to be paid within a short period for any urgent requirements of the authority in the discharge of its functions. The authority may raise funds for the discharge of its functions by the issuing of stock, and any interest payable on any stock issued under this subsection shall be charged upon all property, undertaking and revenue of the authority . charge the assets, undertakings and revenue of the authority ; issue debentures and other types of bonds; do any other thing necessary to enable the authority to meet its obligations under that loan. A loan under this section may, with the approval of the Minister responsible for finance, be guaranteed by the Government. The Minister responsible for finance may, from time to time, prescribe the maximum sum that may be borrowed under this section.

Section Financial year Section The financial year of the authority shall be the twelve months commencing on the 1st day of July in each year and ending on the 30th day of June of the following year.

Section Authority to operate on sound financial principles Section The authority shall perform its functions in accordance with sound financial principles and shall ensure as far as possible that its revenue is sufficient to meet expenditure properly chargeable to its revenue.

Section Accounts Section The authority shall cause to be prepared in respect of each financial year, and not later than four months after the end of that financial year, a statement of account which shall include— The Authority shall keep proper books of account of all its income and expenditure and proper records in relation to them. a balance sheet, a statement of income and expenditure and a statement of surplus and deficit; and any other information in respect of the financial affairs of the authority as the Minister responsible for finance may require.

Section Audit Section The accounts of the authority shall, in respect of each financial year, be audited by the Auditor General or an auditor appointed by him or her. The authority shall ensure that within four months after the end of the financial year the statement of account referred to in section 26 is submitted to the Auditor General for auditing. The Auditor General or any auditor appointed by him or her shall have access to all books of account, vouchers and other financial records of the authority and be entitled to have any information and explanation required by him or her in relation to those records. The Auditor General shall, within two months after receipt of the statement of account under this section, audit the accounts and deliver to the authority a copy of the audited accounts and his or her report on those accounts, stating any matter which in his or her opinion should be brought to the attention of the Minister . The Auditor General shall also deliver to the Minister a copy of the audited accounts and his or her report on those accounts.

Section Business plans Section When preparing the business plan, the managing director shall consider— The authority shall produce a five-year business plan to be prepared by the managing director each year. The business plan shall contain financial targets and performance indicators for the authority and shall be approved by the board of directors and the Minister . the need for high standards of aviation safety; the objectives and policies of the Government known to the authority ; any directions given by the Minister ; any payments by the Government to the authority to fund its regulatory functions and search and rescue services; the need to maintain the extent of the Government’s equity in the authority ; the need to maintain a reasonable level of reserves, having regard to estimated future infrastructure requirements; the need to earn a reasonable rate of return on the authority ’s assets other than assets wholly or principally used in the performance of regulatory functions or the provision of search and rescue services; the expectation of the Government that the authority will pay a reasonable dividend; any other commercial consideration the managing director deems appropria...

Section Charges and fees Section Without limiting the generality of subsection (1), the services and facilities that the authority may charge for include— The authority shall draw up a scheme prescribing charges and fees to be charged by the authority in respect of services or facilities provided by the authority . the issuance, renewal or variation of airworthiness certificates; inspection of aircraft ; the issuance, renewal or variation of personnel licences; aircraft landing facilities; aircraft parking facilities; air navigation and communications; fuel handling; passenger services; air operator ’s certificates; aircraft maintenance organisation approvals; accident and incident investigations; air transport licences; traffic handling; aircraft handling; and any other services related to the operation of aerodromes. The proposed scheme shall be published in an aeronautical information circular (AIC); and within thirty days after publication , it shall be submitted to the Minister for information. The scheme shall come into force on a date specified in the scheme, which shall be at least thirty days following information to the Minister . The authority may impose and revise rents...

Section Annual report Section Not later than six months after the end of each financial year, the authority shall prepare an annual report on the performance of its functions during that year which shall include, among other things, an audited financial statement. The annual report shall be presented to the Minister , who shall present it to Parliament after which it shall be published.

Section Consultation by the authority Section In the performance of its functions and exercise of its powers, the authority shall, where appropriate, consult with the Government, commercial, industrial, consumer and other relevant bodies and organisations. The authority shall establish whatever consultative mechanisms it deems necessary to secure the views of the users of the authority ’s facilities and services.

Section Chicago Convention and other agreements Section The authority shall be responsible for carrying out its functions in a manner consistent with the Chicago Convention , any annex to the convention relating to international standards and recommended practices and any amendment made in accordance with the convention or other international conventions relating to civil aviation. It shall be the responsibility of the authority to perform any obligations required by an agreement between Uganda and any other country or intergovernmental organisation with respect to the safety, security, regularity and efficiency of air navigation.

Section Air navigation services Section The Minister , on recommendation of the authority , may make regulations to ensure the safe, regular, orderly and expeditious flow of air traffic and, without limiting the generality of the foregoing provision, the Minister , on the recommendation of the authority , may make regulations and impose penalties pertaining to— The authority shall provide air navigation services in Uganda airspace and for any area outside of Uganda for which Uganda has, in pursuance of international arrangements, undertaken to provide air navigation services and to direct and coordinate search and rescue services therein. Where a person or body is licensed to operate a private aerodrome , he or she may be authorised to provide air navigation services for the use of the aerodrome . air traffic control procedures and services; the provision of navigation aids; standards for navigation aids; requirements for equipment to be carried on aircraft ; the conditions under which aircraft may be used or operated or under which any act may be performed in or from aircraft ; the aerodromes at which aircraft coming from outside Uganda are to land and the conditions to which such...

Section Air regulations Section The Minister , on the recommendation of the authority , may make regulations pertaining to— The authority shall set and maintain safety standards related to personnel, aircraft and aerodromes, which meet international criteria. the licensing of flight crew members, air traffic controllers and operators of equipment used to provide services relating to civil aviation; the licensing of persons engaged in the design, manufacture, distribution, maintenance, approval, certification or installation of aeronautical products; the installation, maintenance, approval and certification of equipment used to provide services relating to civil aviation; activities at aerodromes and the location of aerodromes; noise emanating from aerodromes and aircraft ; the conditions under which persons or personal belongings, baggage, goods or cargo of any kind may be transported by aircraft ; the keeping and preservation of records and documents relating to aerodromes, persons holding Uganda civil aviation documents, and equipment and facilities used to provide services relating to civil aviation; the handling, marking, storage and delivery of fuel and any lubricants or chemi...

Section Aeronautical Information Service Section The authority shall provide a service to be known as the Aeronautical Information Service, which shall comprise the collection and dissemination of aeronautical information and instructions with respect to— In providing the Aeronautical Information Service, the authority shall publish the Uganda aeronautical information publication (AIP) which shall include— The authority shall, in addition to the AIP, publish Notices to Airmen (NOTAM) which shall include— aerodromes; air traffic control services and facilities; communication and air navigation services and facilities; meteorological services and facilities; search and rescue services and facilities; procedures and regulatory requirements connected with air navigation; hazards to air navigation; differences from International Civil Aviation Organisation standards, recommended practices and procedures; units of measurement; nationality and registration marks; special equipment to be carried on aircraft ; bird concentrations on or in the vicinity of aerodromes; prohibited or restricted airspace and danger areas; minimum flight altitudes; fees and charges; and aeronautical charts. the a...

Section Technical services Section The authority shall provide technical services for the design, installation, maintenance and modification of electronic, radio and other equipment used in the provision of air navigation and communications service. The authority may contract out for any of these services to other Government departments or private sector firms so long as this does not compromise the safety of air transport.

Section Meteorological services Section The authority shall provide specified aviation meteorological services in Uganda, and information concerning weather conditions and forecasts shall be provided to all aircraft in Ugandan airspace in a timely and orderly fashion. Appropriate aviation meteorological services shall be provided to the authority by the department of meteorology. The basis on which meteorological services will be provided to the authority shall be determined by mutual agreement between the department of meteorology and the authority .

Section Investigation of occurrences Section The chief inspector of accidents— The Minister may investigate and review the circumstances surrounding all accidents and incidents and occurrences. The Minister shall appoint a chief inspector of accidents and inspectors of accidents to investigate and review all accidents. shall report directly to the Minister ; may utilise the resources of the authority during the investigations. The chief inspector of accidents and inspectors of accidents shall have the right of entry at all accident sites to investigate and inspect accidents, retrieve flight recorders and other materials or information pertinent to the accident , including aircraft parts or material on the ground hit by the aircraft , and may examine any other records or documents related to the occurrence, such as flight log books, maintenance records and personnel records. An inspector of accidents shall be a person properly trained in investigating aircraft accidents. A person obstructing an investigation made under this section commits an offence and is liable on conviction to a penalty that may be prescribed by the Minister .

Section Assessment and inspectors Section The Minister may, from time to time, assess the standards of navigational facilities and services and aerodromes and technical personnel manning the facilities and providing the services to ensure that they meet the standards required. The Minister may appoint inspectors to carry out the assessment referred to under subsection (1). The inspectors shall, with the permission of the person in charge, have access to aerodromes, related facilities and installations, navigation and communication facilities and to any records, information and explanation that may be required in the course of their duty. The Minister may, on the advice of any inspector take appropriate action to ensure the appropriate standards.

Section International obligations Section The aeronautical authority of Uganda shall be the Minister responsible for civil aviation who may delegate some of his or her powers to the Civil Aviation Authority in accordance with this Act. The authority shall comply with all international agreements pertaining to civil aviation signed by the Government. The authority shall advise and assist the Government in its negotiations with other countries in regard to international air services originating, transiting or terminating at Ugandan aerodromes and those overflying Uganda. The authority shall act as adviser to the Government and assist in its dealings with the International Civil Aviation Organisation (ICAO), the African Civil Aviation Commission (AFCAC), the Commonwealth Air Transport Council (CATC) and other similar international civil aviation bodies.

Section Authority’s permission and establishment of fares, etc. Section No aircraft shall— arrive in Uganda from a place outside Uganda; depart from Uganda for a place outside Uganda; or overfly Uganda, The Minister may, on the advice of the authority , establish fares, freight rates and related matters.

Section Air operators certificate Section Without limiting the generality of subsection (1), the authority may impose conditions relating to— The authority may issue an air operators certificate with or without any conditions attached; and where any conditions are attached to a certificate, the authority may vary or impose further conditions as it may deem appropriate. A certificate issued under subsection (1) shall not be transferable without the consent of the authority . airworthiness; capability of the flight crew ; maintenance capability of the aircraft operating company; management capability of the aircraft operating company; financial viability of the aircraft operating company; traffic demand of proposed route; and ability of existing aircraft operators to meet this demand. An application for an air operators certificate shall be made in writing to the authority and shall contain information that shall be prescribed by the authority . The authority shall respond to an application for an air operators certificate within 90 days of its receipt and shall provide written reason for its decision if the application is rejected.

Section Appeals tribunal Section There shall be established an appeals tribunal which shall be a judicial body for the determination of appeals from decisions of the authority relating to licensing under this Act. The Minister , on the recommendation of the board , shall make regulations regarding the composition and procedure of the appeals tribunal .

Section Appeal to appeals tribunal Section A person aggrieved by a decision of the authority relating to licensing under this Act may appeal to the appeals tribunal on matters of law.

Section Establishment of aerodromes Section The Minister , on the recommendation of the authority , may make regulations necessary to ensure adequate facilities for consultation with— Without limiting the generality of subsection (3), the Minister may make regulations— The authority may establish and maintain aerodromes and provide and maintain in connection with them roads, approaches, apparatus, equipment, buildings and other accommodations. the local authorities in whose areas the aerodrome or any part of the aerodrome is situated; other local authorities whose areas are in the neighbourhood of the aerodrome ; and other organisations representing the interests of persons concerned with the locality in which the aerodrome is situated. The Minister , on the recommendation of the authority , may make regulations necessary for regulating the use and operation of aerodromes and the conduct of all persons while within aerodromes. for securing the safety of aircraft , vehicles and persons using the aerodrome and preventing danger to the public arising from the use and operation of the aerodrome ; for preventing obstruction within the aerodrome ; for regulating vehicular traffic anywher...