NIGERIAN CIVIL AVIATION AUTHORITY (ESTABLISHMENT, ETC.) ACT

CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS

Constitution Federal Laws Treaties
State Laws Court Judgments Court Rules
DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N1,500 (PDF)] CLICK HERE FOR ONLINE PAYMENT. PDF COMPENDIUMS OF ALL THE LAWS OF NIGERIA, LAGOS AND OTHER STATES ARE ALSO AVAILABLE. EMAIL: lawnigeria@gmail.com or info@lawnigeria or Text/WhatsApp +23407067102097

DOWNLOAD (PDF-N1500)

LAWS OF THE FEDERATION OF NIGERIA

 

 

NIGERIAN CIVIL AVIATION AUTHORITY (ESTABLISHMENT, ETC.) ACT

  

ARRANGEMENT OF SECTIONS

PART I – Control of Air Navigation

  1. Control and Supervision of civil aviation.

PART II – The Nigerian Civil Aviation Authority

  1. Establishment of the Nigerian Civil Aviation Authority.

PART III – The Governing Board of the Authority

  1. Membership of the Governing Board.
  2. Tenure of Office.
  3. Cessation of Office.
  4. Allowances, expenses, etc., of Chairman and members.
  5. Functions of the Board.

PART IV – Staff of the Authority

  1. Director‐General of the Authority.
  2. Appointment of secretary and other staff by the Board.
  3. Conflict of interests.

 

  1. Pensions; Act No. 2, 2004.

 

PART V – Financial Provisions

 

  1. Air ticket and cargo sales charge.

 

  1. Fund of the Authority.

 

  1. Expenditure by the Authority.

 

  1. Power to accept gifts.

 

  1. Power to borrow and invest.

 

  1. Exemption from tax.

 

  1. Duty to be Financially Prudent.

 

PART VI – Information, Notices, etc.

 

  1. Power to request for information.

 

  1. Restriction on disclosure of information.

 

  1. Service of notices.

 

  1. Service of documents.

 

PART VII – Miscellaneous Provisions.

 

  1. Power to acquire land

 

  1. Limitation of suits against the Authority.

 

  1. Restriction on execution against property of the Authority.

 

  1. Indemnification of Officers.

 

PART VIII – Investigation and Enforcement

 

  1. Power to investigate, impose fines and enforce.

 

  1. Directions by the Minister.

 

  1. Investigation of accidents/Accident Investigation Bureau.

 

PART IX – The Authority’s Power to regulate Civil Aviation

 

  1. Power to regulate air navigation.

 

PART X – Functions of the Authority

 

  1. Functions of the Authority.

 

PART XI – Control of air Transport Undertaking

 

  1. Licensing of air transport undertakings.

 

  1. Eligibility for licenses, permits, etc.

 

  1. Air Operator Certificate (AOC) and other safety certificates.

 

  1. Variation, suspension and revocation of licenses, permits, etc.

 

  1. Supplementary Provisions relating to Licenses, permits, etc.

 

  1. General duties in relation to licensing functions of the Authority.

 

PART XII – Provision of Aerodromes, Control of Land for Aviation Purposes, etc.

 

  1. Power of Minister to approve the establishment aerodromes.

 

  1. Eligibility for an aerodrome license.
  2. Duty of the Authority to consider environmental factors when licensing aerodromes. .

 

  1. Fixing by Reference to noise factors, the charges for using licensed aerodromes.

 

  1. Requirements for approval of aerodrome security programme.

 

  1. Requirements for approval of airline security programme.

 

  1. Security surveys, audits, tests and inspections.

 

  1. Security checks of persons and baggage.

 

  1. Obstructions near aerodromes.

 

  1. Trespass on aerodromes, etc.

 

PART XIII – Special Provisions as to Trespass, Nuisance, Salvage and Patents, etc

 

  1. Carriers’ Liability.

 

  1. Actions in trespass, nuisance and damage from aircraft.

 

  1. Application to aircraft of law of wreck and salvage.

 

  1. Patent claims.

 

  1. Infringement of patent.

 

  1. Detention of aircraft.

 

PART XIV – Offences

 

  1. Offences.

 

  1. Dangerous flying.

 

  1. Hijacking and Interference.
  2. Offences of endangering safety, destroying or damaging of an aircraft in flight, etc.

 

  1. Prohibition of unruly and indecent conduct.

 

  1. Offences at aerodromes.

 

  1. Destruction of, or damages to, air navigation and other facilities.

 

  1. Duties of operators and personnel.

 

  1. Transportation of dangerous goods.

 

  1. Federal High Court to try offences.

 

PART XV – General

 

  1. Power of the Authority to make rules for protecting public health.

 

  1. Emergency powers for protecting public health.

 

  1. Power of Minister to make orders in emergency.

 

  1. Designation of essential Services.

 

  1. Bilateral exchanges of Safety oversight responsibilities.

 

  1. Regional cooperative aviation safety agreement.

 

  1. Aviation safeguards.

 

  1. Compensation schemes for passengers and other allied aviation services consumers.

 

  1. Regulation of sale, distribution and provision of allied services.

 

  1. Application of certain conventions.

 

  1. Insurance.

 

  1. Air services agreement.

 

  1. Periodic publication of aviation policy.

 

  1. Repeals and savings provisions.

 

  1. Definitions.

 

  1. Short Title.

 

SCHEDULES

 

FIRST SCHEDULE

 

Convention for the Suppression of Unlawful Seizure of Aircraft

 

SECOND SCHEDULE

 

Convention for the Unification of certain Rules relating to International Carriage by Air

 

(Montreal, 1999)

 

THIRD SCHEDULE

 

Modification to the Convention for the Unification of certain Rules relating to International Carriage by Air

 

FOURTH SCHEDULE

 

Convention on International Recognition of Rights in Aircraft, 1948

 

FIFTH SCHEDULE

 

SIXTH SCHEDULE

 

Supplementary Provisions with respect to the Proceedings of the Board and other matters

 

 

NIGERIAN CIVIL AVIATION AUTHORITY ACT

An Act to repeal the Civil Aviation Act Cap. 51 Laws of the Federation of Nigeria, 1990 as amended and to re‐enact the Civil Aviation Act to provide for the regulation of Civil Aviation, establishment of the Nigerian Civil Aviation Authority; and for related matters

 

[Commencement] [14th November, 2006]

 

ENACTED by the National Assembly of the Federal Republic of Nigeria

 

PART I – Control of Air Navigation

 

  1. Control and supervision of civil aviation

 

The Minister shall be responsible for the formulation of policies and strategies for the promotion and encouragement of Civil Aviation in Nigeria and the fostering of sound economic policies that assure the provision of efficient and safe services by air carriers and other aviation and allied service providers as well as greater access to air transport in a sustainable manner and to assist with ensuring that Nigeria’s obligations under international agreements are implemented and adhered to.

 

PART II – The Nigerian Civil Aviation Authority

 

  1. Establishment of the Nigerian Civil Aviation Authority

 

(1)    There is established a body to be known as the Nigerian Civil Aviation Authority (in this Act referred to as “the Authority”).

 

(2)    The Authority:

(a)    shall be a body corporate with perpetual succession and a common seal;

(b)    may sue or be sued in its corporate name; and

(c)    may acquire, hold or dispose of property whether moveable or immovable.

 

PART III – The Governing Board of the Authority

 

  1. Membership of the Governing Board

 

(1)    The Authority shall have a Governing Board (in this Act referred to as “the Board”) which shall consist of:

(a)    a chairman;

(b)    one representative not below the rank of a Director of the following Ministries

(i)     the Federal Ministry of Aviation or the Ministry for the time being responsible for Aviation,

(ii)    the Federal Ministry of Defence or the Ministry for the time being responsible for Defence, and

(iii)    the Federal Ministry of Communications or the Ministry for the time being responsible for Communications,

 

(c)    four persons with cognate experience in aviation; and

 

(d)    the Director‐General of the Authority

 

(2)    The Chairman and members of the Board other than the Director‐General shall be appointed on part time basis by the President on the recommendation of the Minister.

 

(3)    The Chairman and members of the Board including the Director‐General, shall be persons of recognised expert knowledge, qualification and experience of not less than ten years in one or more of the following fields

 

(a)    Aeronautical Engineering;

 

(b)    Aviation Law;

 

(c)    Air Transport Management;

 

(d)    Aerodrome Engineering;

 

(e)    Aircraft Piloting; or

 

(f)     Telecommunications.

 

(4)    The supplementary provisions set out in the Sixth Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters contained therein.

 

  1. Tenure of Office

 

A member of the Board, other than the Director‐General, shall hold office:

 

(a)    for a term of 4 years in the first instance and may be re‐appointed for a further term of 4 years and no more; and

(b)    on such terms and conditions as may be specified in the letter of appointment.

 

  1. Cessation of Office

(1)    Notwithstanding the provisions of Section 4 of this Act, a person shall cease to hold office as a member of the Board if

 

(a)    he becomes bankrupt, suspends payment or compounds with his creditors

(b)    he is convicted of a felony or any offence involving dishonesty or fraud

(c)    he becomes of unsound mind or is incapable of carrying on his duties

(d)    he is guilty of a serious misconduct in relation to his duties :

(e)    in the case of a person possessed of professional qualification, he is disqualified or suspended from practising his profession in any part of the world by an order of a competent authority : or

(f)     he resigns his appointment by a letter addressed to the President.

 

(2)    A member of the Board, other than the Director‐General, may be removed as the President; on the recommendation of the Minister if the Minister is satisfied that it is not in the interest of the Authority or the public for the member to continue in office.

 

(3)    If a member of the Board ceases to hold office for any reason whatsoever before the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the Board for the unexpired term.

 

  1. Allowances, expenses, etc., of Chairman and members

 

The Chairman and members of the Board shall be paid such allowances, expenses and benefits in accordance with extant Federal Government Financial Guidelines.

 

  1. Functions of the Board

 

The Board shall‐

 

(a)    fix terms and conditions of service including remuneration of the employees of the Authority in accordance with the provision of Salary and Wages Commission;

 

(b)    receive and review annual reports from the Management of the Authority and submit same to the President and the National Assembly, through the Minister, not later than 30th June in each year and the report shall be on the activities of the Authority during the immediately preceding calendar year and shall include a copy of the audited accounts of the Authority for that calendar year;

 

(c)    submit not later than 30th September in each year to the Minister an estimate of the expenditure and income of the Authority for the next succeeding year; and

 

(d)    cause to be kept, proper accounts of the Authority in respect of each year and proper records in relation thereto and shall cause the accounts to be audited not later than 6 months after the end of each year by authority appointed from the list and in accordance with the guidelines supplied by the Auditor‐General of the Federation.

 

PART IV – Staff of the Authority.

 

  1. DirectorGeneral of the Authority

 

(1)    There shall be for the Authority a Director‐General who shall be appointed by the President, on such terms and conditions as stipulated in the Act, subject to the confirmation by the Senate.

 

(2)    The Director‐General shall be primarily responsible for the fostering of the safety of Civil Aviation in Nigeria and shall be

 

(a)    the chief executive and accounting officer of the Authority

 

(b)    responsible for the day‐to‐day administration of the Authority

 

(c)    appointed for a term of 5 years in the first instance and may be reappointed for a further term of 5 years and no more : and

 

(d)    a person who possesses relevant and adequate professional qualification and shall have been so qualified for a period of not less than 15 years.

 

(3)    The Director‐General may be suspended or removed from office by the president if he

 

(a)    has demonstrated inability to effectively perform the duties of his office :

 

(b)    has been absent from 5 (five) consecutive meetings of the Board without the consent of the Chairman unless he shows good reason for such absence;

 

(c)    is guilty of serious misconduct in relation to his duties as Director‐General;

 

(d)    in the case of a person possessed of professional qualifications, he is disqualified or suspended from practising his profession in any part of the world by an order of a competent authority; or

 

(e)    is guilty of a conflict of interest as stipulated in Section 10 of this Act.

 

(4)    The Director‐General shall not be removed from office except in accordance with the provisions of this Act.

 

  1. Appointment of secretary and other staff by the Authority

 

(1)    The Board shall appoint for the Authority a Secretary who shall

 

(a)    be a legal practitioner and shall have been so qualified for a period of not less than 12 years;

(b)    conduct the correspondence of the Board and keep the official seal and records of the Authority; and

 

(c)    perform such other functions as the Board or the Director‐General, may from time to time assign to him.

 

(2)    The Authority shall appoint such number of employees as may be expedient and necessary for the proper and efficient performance of its functions under this Act.

 

(3)    Notwithstanding the provisions of subsections (1) and (2) of this section, the Authority shall have power to appoint either directly or on secondment from any public service in the Federation or of a State, such number of staff as may, in its opinion be required to assist it in the discharge of any of the Authority’s functions under this Act.

 

(4)    Nothing in subsection (3) of this section shall preclude the Authority from appointing persons from outside the public service of the Federation of a State.

 

  1. Conflict of interest

 

(1)    The Minister of Aviation, Members of the Governing Board, Director‐General and employees of the Ministry of Aviation and the Authority shall not control, manage or operate any aviation enterprise while in office.

 

(2)    Any of the persons specified in subsection 1, having a financial interest in any aviation enterprise shall make full disclosure of such interest to their respective appointing authorities.

 

(3)    Any of the persons mentioned in subsection (1) above is prohibited from participating in any action or decision that may, whether directly or indirectly, affect their financial interest(s) in any aviation enterprise.

 

  1. Pensions Act No. 2, 2004

 

(1)    Service in the Authority shall be approved service for the purpose of the Pension Reform Act or any other Act for the time being in force.

 

(2)    The officers and other persons employed in the Authority shall be entitled to pensions, gratuities and other retirement benefits in conformity with provisions of the Pensions Reform Act.

 

(3)    Nothing in subsections (1) and 2) of this section shall prevent the appointment of a person to any office on terms which may preclude the grant of a pension, gratuity or other retirement benefits in respect of that office.

 

(4)    For the purposes of the application of the provisions of the Pensions Act, any power exercisable there under by a Minister or other authority (other than the power to make regulations the Pensions Act) is hereby vested in and shall be exercisable solely by the Board.

 

PART V – Financial Provisions

 

  1. Air ticket and cargo sales charge

 

(1)    There shall continue to be a 5% air ticket contract, charter and cargo sales charge to be collected by the airlines and paid over to the Authority.

 

(2)    The Air Ticket and Cargo Sales charge may be reviewed by the Authority in consultation with the stakeholders from time to time.

 

(3)    Funds accruing from the said charge shall be shared in the following manner:

(a)    the Nigeria Civil Aviation Authority ‐ 58%;

 

(b)    Nigerian Airspace Management Agency ‐ 23%;

 

(c)    Nigerian Meteorological Agency‐9%;

 

(d)    Nigerian College of Aviation Technology‐ 7%;

 

(e)    Accident Investigation Bureau‐3%;

 

Provided that if any of the above listed agencies is privatized it shall immediately cease to share in the funds as aforesaid and the Minister may by regulation specify how the share of such privatized agency shall be applied or disbursed.

 

  1. Fund of the Authority

 

There shall be established and maintained for the Authority a fund into which shall be paid and credited‐

 

(a)    all subventions and budgetary allocation from the Government of the Federation;

 

(b)    all fees and funds in respect of services provided by the Authority, and accruing from the grant of ‐

(i)     Air Travel Organizer’s License,

(ii)    Air Transport License/Airline Operating Permit/Permit for non‐commercial flights,

(iii)    Air Operator Certificate,

(iv)   calibration of navigational aids where applicable,

(v)    personnel licenses,

(vi)   58% of the air ticket and cargo and charter sales charge imposed in section 12 of this Act,

(vii)   Approved Maintenance Organization (AMO) approval,

(viii)  Aircraft registration and certification,

(ix)   Certificate of Airworthiness (issue and renewal),

(x)    rental of property, plant and equipment,

(xi)   medical examination fees, where applicable,

(xii)   proceeds from sales of information and publications,

(xiii) contract registration fees,

(xiv) any license, certificates, permits, contracts or leases issued pursuant to the provisions of this Act,

(xv) registration of legal instruments and interests,

(xvi) Aerodrome, Heliport and Helipad Operating License,

(xvii)         aviation height clearance,

(xviii) Aviation Training Organizations and

(xix) registration of agencies.

(c)    all fines payable for violation of civil aviation regulations, rules and orders;

 

(d)    all sums accruing to the Authority by way of gifts, endowments, bequests, grants or other contributions by persons and organizations;

 

(e)    returns on investments;

 

(f)     foreign aid and assistance; and

 

(g)    all other sums which may, from time to time, accrue to the Authority.

 

  1. Expenditure by the Authority

 

The Director‐General of the Authority shall, from time to time, apply the funds of the Authority to‐

 

(a)    the cost of administration and maintenance of the Authority;

 

(b)    publicise and promote the activities of the Authority;

 

(c)    pay allowances, expenses and other benefits of members of the Board and Committees of the Board;

 

(d)    pay the salaries, allowances and benefits of employees of the Authority;

 

(e)    pay other overhead allowances, benefits and other administrative costs of the Authority; and

 

(f)     undertake such other activities as are connected with all or any of the functions of the Authority under this Act.

 

  1. Power to accept gifts

 

(1)    The Authority may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift.

 

(2)    The Authority shall not accept any gift if the conditions attached by the person or organizations making the gift are inconsistent with the functions of the Authority under this Act.

 

  1. Power to borrow and invest

 

(1)    Subject to all applicable laws, the Board may, from time to time, borrow by overdraft or otherwise, such money as the Authority, may require for the performance of its functions under this Act.

 

(2)    The Board shall not, without the approval of the President borrow money, which exceeds, at any time, the limit set by the Government of the Federation.

 

(3)    Notwithstanding subsection (1) of this section, where the sum to be borrowed is in foreign currency, the Board shall not borrow the sum without the prior approval of the President

(4)    The Board may, subject to the provisions of this Act and the conditions of any trust in respect of any property, invest all or any of its funds in accordance with any general guidelines approved by the President.

 

(5)    The Board may invest funds in such securities as it deems fit and proper.

 

  1. Exemption from tax

 

(1)    The Authority shall be exempted from the payment of tenement rates and income tax.

 

(2)    The provision of any enactment relating to the taxation of companies or trust funds shall not apply to the Authority.

 

  1. Duty to be financially prudent

 

(1)    The Director‐General shall conduct the Authority’s affairs with prudence and due diligence to ensure that the Authority does not become insolvent.

 

(2)    The Authority shall strive to recover the whole of its costs and to achieve reasonable returns on capital and investment.

 

PART VI – Information, Notices, etc.

 

  1. Power to Request for Information

 

(1)    For the purpose of obtaining required information for the proper discharge of the functions conferred upon it by this Act, any authorized officer of the Authority may by notice, in writing‐

 

(a)    require any person who undertakes the business of air transport including carriage of passengers or goods in an aircraft for reward, to furnish such information relating to such business and flights as may be specified in the notices; and

 

(b)    specify the times and the form and manner in which, any information required under paragraph (a) of this subsection shall be furnished.

 

(2)    In carrying out the functions conferred on the Authority, an authorized officer of the Authority shall have unrestricted access to the business premises, aircraft, structures and other apparatus used by any operator for the purpose of air transport or related operations.

 

(3)    In this section, “authorised officer” means the Director‐General or any other officer of the Authority specifically or generally authorised by the Director‐General to carry out the functions of the Authority under this Act.

 

  1. Restriction on Disclosure of Information

 

(1)    No estimates, returns or information relating to an air transport undertaking obtained under the foregoing provisions of this Act, shall, without the prior consent in writing of the person carrying on the undertaking which is the subject of the estimates, returns, or information, be disclosed except ‐

 

(a)    in accordance with directions given by the Authority for the purpose of the exercise of any of its functions under this Act; or

(b)    for the purposes of any proceedings under this Act.

 

(2)    Any person who discloses any estimates, returns or any information in contravention of subsection 1 of this section, commits an offence and is liable on conviction to imprisonment for a term not less than 1 month or a fine not less than N25, 000.00 or both.

 

  1. Service of Notices

 

(1)    Any notice required or authorised under this Act to be served on any person may be served either by

(a)    delivering it to the person or his agents or servants;

(b)    leaving it at the person’s proper address; or

(c)    posting it to the person’s principal office by registered post or courier.

 

(2)    Any notice required or authorised to be served upon a body corporate shall be deemed to have been duly served if it is served on a director of or the Secretary to the body corporate.

 

(3)    For the purposes of this section, the proper address of any person on whom such a notice is to be served shall‐

 

(a)    in the case of a body corporate, be that of the registered or principal office of the body corporate; and

(b)    in any other case, be the last known address of the person.

 

  1. Service of Documents

 

A notice, summons or other document required or authorised to be served upon the Authority under the provisions of this Act shall be served by delivering same to the office of the Director‐General of the Authority situate at the Headquarters of the Authority.

 

PART VII – Miscellaneous Provisions

 

  1. Power to Acquire Land

 

(1)    The Authority, may subject to the Land Use Act, acquire any land for the purpose of discharging its functions under this Act.

 

(2)    If there is any hindrance in the acquisition of any land by the Authority under this Act (including any failure by the Authority to reach an agreement as to the amount to be paid in respect of the acquisition), the Authority may apply to the Minister for a declaration under subsection (3) of this section.

 

(3)    The Minister on receiving an application from the Authority and after such enquiry as he may think fit, may request the Governor of the State in which the land is situated to declare that the land is required for the service of the Authority and accordingly for an over‐riding public purpose.

 

(4)    Where a declaration is made under subsection (3) of this section, the land to which the declaration relates shall be deemed to be land required for the public purpose of the Federation within the meaning of the Land Use Act and the Authority shall acquire the land accordingly.

 

(5)    Where a declaration has been made under subsection (3) of this section in respect of any land and ‐

(a)    the land has been acquired pursuant to subsection (4) of this section; or

(b)    the Governor of the State where the land is situated is satisfied that there are no rights subsisting in respect of the land, the Governor may vest the land in the Authority by issuing a certificate of occupancy in respect thereof, in favour and in the name of the Authority.

 

(6)    The compensation, if any, payable under the Land Use Act for the revocation of any rights relating to the land, where applicable, shall in the first instance be paid by the Federal Government, but the Authority shall refund to the Federal Government any compensation so paid and all incidental expenses incurred by the Government.

 

(7)    A plan of any land referred to in subsection (2) of this section ‐

(a)    containing measurements of the boundaries of the land;

(b)    showing the relationship of the land to any sufficient identifying mark(s); and

(c)    signed by a licensed surveyor and the Director‐General, shall be sufficient description of the land for the purpose of an application under that subsection.

 

  1. Limitation of suits against the Authority

 

(1)    Notwithstanding anything contained in any other law or enactment, no suit shall lie against the Authority, a member of its Board, its Director‐General, or any other employee of the Authority for any act done in pursuance or execution of any public duty under this Act or any law or enactment, or in respect of any alleged neglect or default in the execution of any public duty under this Act or such law or enactment, unless it is commenced within one (1) year next after the act, neglect or default complained of, or in the case of a continuance of damage or injury, within one (1) year after the ceasing thereof.

 

(2)    No suit shall be commenced against the Authority, a member of its Board, its Director‐General or any employee of the Authority, before the expiration of a period of one (1) month after written notice of intention to commence the suit shall have been served upon the Authority by the intending plaintiff or his agent; and the notice shall clearly and explicitly state the cause of action, the particulars of the claim, the name and place of abode of the plaintiff and the relief sought.

 

  1. Restriction on Execution against Property of the Authority

 

(1)    In any action or suit against the Authority, no execution or attachment or process in the nature thereof save a garnishee process shall be issued against the Authority.

 

(2)    Any sum of money, which may by the Judgment of any court be awarded against the Authority, shall, subject to any direction given by a competent court where notice of appeal of the said judgment has been given, be paid from the fund of the Authority.

 

  1. Indemnification of Officers

A member of the Board, the Director‐General or employee of the Authority shall be indemnified by the Authority against any civil proceeding brought against him arising from the lawful discharge of any of the functions or the exercise of any of the powers conferred on the Authority under this Act or any other enactment.

 

PART VIII – Investigation and Enforcement

 

  1. Power to investigate, impose fines and enforce

 

(1)    The Authority shall have power to carry out investigations into complaints and occurrences, save for accidents and serious incidents, after due notice to the person concerned.

 

(2)    If the Authority is satisfied after such hearing that such person is violating any provisions of this Act, regulations, rules or orders, as the case may be, it shall by order require the person to take such action consistent with the provision of this Act, regulations, rules or orders as may be necessary in the opinion of the Authority to prevent further violation of the provisions of this Act, regulations, rules or orders.

 

(3)    The Authority shall have power to take all steps reasonably necessary, including the power to ground any aircraft and to seal the premises of any air transport service provider or provider of allied aviation service, in order to ensure compliance with the provisions of this Act and the regulations, rules and orders made pursuant to it.

 

  1. Directions by the Minister

 

(1)    The Minister may after consultation with the Authority give such directions, not inconsistent with the provisions of this Act, to the Authority on matters of policy‐

(a)    in the interests of national security;

(b)    in connection with any matter appearing to him to affect the relations of Nigeria with a country or territory outside Nigeria;

(c)    in order to discharge or facilitate the discharge of an obligation binding on Nigeria by virtue of its being a member of an international organization or a party to an international agreement;

(d)    in order to obtain or facilitate the attainment of any other object of which is in his opinion appropriate in view of the fact that Nigeria is a member of an international organization or a party to an international agreement; or

(e)    in order to enable Nigeria become a member of an international organization or a party to an international agreement.

 

(2)    The Authority in the exercise of its functions and powers shall be guided by such directions.

 

(3)    The Authority shall furnish the Board with such information or facilities for obtaining information with respect to its activities as the Minister may from time to time require.

 

  1. Investigation of Accidents/ Accident Investigation Bureau

 

(1)    There is established an Accident Investigation Bureau hereinafter in this Act referred to as “the Bureau” which shall be a body corporate with power to sue and be sued in its corporate name except for matters associated with accident reports and to acquire, hold and dispose of property whether movable or immovable.

 

(2)    The Bureau shall be an autonomous agency reporting to the President through the Minister.

 

(3)(a)The Bureau shall be headed by a Commissioner of Accident investigation who shall be appointed by the President on the recommendation of the Minister.

 

(b)    The Commissioner of Accident Investigation, who shall be the Chief Executive Officer of the Bureau, shall be appointed for a period of four (4) years renewable once for another period of four (4) years.

 

(4)    The Commissioner of Accident Investigation shall possess cognate experience and qualification in air accident investigation of not less than 12 years.

 

(5)    There shall be established for the Bureau a fund into which shall be paid and credited‐

(a)    all subventions and budgetary allocation from the Government of the Federation;

(b)    3% of the air ticket contract charter and cargo sales charge imposed in Section 12 of this Act;

(c)    all sums accruing to the Bureau by way of gifts, endowments, bequests, grants or other contributions by persons and organizations;

(d)    returns on investments;

(e)    foreign aid and assistance; and

(f)     all other sums which may, from time to time, accrue to the Bureau.

 

(6)    The services of all persons currently employed in the Accident Investigation and Prevention Bureau of the Ministry of Aviation are hereby transferred to the Bureau,

 

(7)    The Commissioner of Accident Investigation may with the approval of the Minister recruit such staff as is necessary for the execution of its functions under this Act.

 

(8)    There shall be appointed for the Bureau a legal adviser who shall be a Legal Practitioner of not less than 10 years post call experience.

 

(9)    The Bureau in the execution of its functions under this Act shall follow and adhere to the regulations for accident investigation made by the Minster.

 

(10) The Minister may make regulations providing for the investigation of any accident or incident arising out of or in the course of air navigation and either occurring in or over Nigeria or occurring to Nigerian aircraft elsewhere.

 

(11) Without prejudice to the generality of subsection (10) of this section, the regulations made thereunder may in particular contain provisions ‐

 

(a)    requiring notice to be given of any such accident or incident as aforesaid in such manner and by such persons as may be prescribed;

(b)    applying for the purpose of investigations held with respect to any such accident or incident any of the provisions of any law in force in Nigeria relating to the investigation of deaths or accidents;

(c)    prohibiting, pending investigation, access to or interference with aircraft to which an accident or incident has occurred and authorising any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft;

(d)    authorising or requiring the cancellation, suspension, endorsement or surrender of any license or certificate granted in Nigeria in pursuance of this Act or any regulation, or the withdrawal or suspension of any validation conferred in Nigeria of a license granted by a competent authority elsewhere, where it appears on investigation that the license, certificate or validation ought to be so dealt with, and requiring the production accordingly of any such license or certificate;

(e)    incorporating the provisions of Annex 13 to the Convention on International Civil Aviation,

 

(12) The sole objective of the investigation of an accident or serious incident under this Act shall be the prevention of accidents and incidents and it shall not be the purpose of such an investigation to apportion blame or liability.

 

(13) On the basis of the findings of accident investigation, the Authority shall be informed and the Director‐General shall take corrective actions that, in the judgment of the Authority, will prevent similar accidents in the future.

 

(14) Notwithstanding the provisions of the Evidence Act, the contents of an air accident investigation report made pursuant to the provisions of this Act and regulations made there‐under, shall not be admissible in evidence as to form the basis of liability in any criminal or civil proceedings.

 

[Cap. E14]

 

PART IX – The Authority’s Power to regulate Civil Aviation.

 

  1. Power to regulate air navigation

 

(1)    The Authority may by regulation make such provision as expedient

 

(a)    for carrying out the Convention on International Civil Aviation (in this section referred to as “the Convention”) concluded at Chicago on the 7th day of December, 1444, any Annex to the Convention which relates to international standards and recommended practices and is adopted in accordance with the Convention, and any amendment of the Convention or of any such Annex which is made in accordance with the Convention;

 

(b)    for carrying out any other treaty or agreement in the field of civil aviation to which Nigeria is a party; and

(c)    generally for regulating air navigation.

 

(2)    Without prejudice to the generality of subsection (1) of this section, the powers conferred therein shall include power to make regulations ‐

(a)    for the registration of aircraft in Nigeria;

(b)    for the prohibition of aircraft from flying unless certificates of airworthiness issued or validated under the regulations are in force with respect to them and except upon compliance with such conditions as to maintenance and repair as may be prescribed;

 

(c)    for the licensing, inspection and regulation of aerodromes, access to aerodromes and places where aircraft have landed, for the inspection of aircraft factories, and for prohibiting or regulating the use of aerodromes which are not licensed in pursuance to the regulations;

 

(d)    for prohibiting persons from engaging in, or being employed in or in connection with, air navigation in such capacities as may be prescribed unless they satisfy the prescribed requirements, and for the licensing of persons employed at aerodromes in the inspection, testing or supervision of aircraft;

 

(e)    as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Nigeria may fly, and as to the conditions, under which aircraft may fly from one part of Nigeria to another;

 

(f)     as to the conditions under which passengers and goods may be carried by air and under which aircraft may be used for other gainful purposes, and for prohibiting the carriage by air of goods of such class or classes as may he prescribed;

 

(g)    for minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus and the display of signs and lights liable to endanger aircraft;

 

(h)    generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried in aircraft, and for preventing aircraft from endangering other persons and property;

 

(i)     for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation;

 

(j)     for regulating the making of signals and other communications by or to aircraft and persons carried in aircraft;

 

(k)    for instituting and regulating the use of a civil air ensign and any other ensign established by the Authority for purposes connected with air navigation;

 

(l)     for prohibiting aircraft from flying over such areas in Nigeria as may be prescribed;

 

(m)   for applying the enactments relating to customs in relation to aerodromes and to aircraft and to persons and property carried in aircraft;

 

(n)    as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, license or other document required by the regulations (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;

 

(o)    for the registration of births and deaths occurring in aircraft and of particulars of persons missing from the aircraft;

 

(p)    for regulating the charges that may be made in respect of air traffic control and meteorological services and for the use of aerodromes licensed under the regulations and for services provided at such aerodromes;

 

(q)    for specifying the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, license or other document or the undergoing of any examination or test required by virtue of the regulations and in respect of any other matter in respect of which it appears to the Authority to be expedient for the purposes of the regulations to charge fees;

 

(r)     for exempting from the provisions of the regulations or any of them any aircraft or persons or classes of aircrafts or persons; as to the conditions under which noise and vibration may be caused by aircraft on aerodromes provided that no action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome so long as the provisions of the regulations in force as respects aerodromes are complied with;

 

(s)    as to the circumstances and conditions under which it would be permissible to use aircraft for aerial advertisement and for regulating advertisements by air transport, aerodrome and air traffic control

service providers;

(t)     regarding the design, construction and modification of aircraft and all other matters connected with the design, construction and maintenance of aircraft; and

 

(u)    regarding security control and screening to which passengers and baggage (whether accompanied or unaccompanied) would be subjected to before boarding or being laid on an aircraft.

 

(3)    The Authority shall have power to‐

 

(a)    free and unobstructed access to all civil aviation personnel, aircraft, aviation facilities, to inspect aircraft, aircraft manufacturers and maintenance facilities or organizations, training facilities (including simulators), and other appliances designed for use in air transportation, as may be necessary to enable the Authority to determine the issuance or granting of a certificate of registration or approval to such aircraft, aircraft manufacturer and maintenance facility or organization and other applicable appliances;

 

(b)    issue, amend, vary, cancel, refuse and suspend approved maintenance organization certificates in conformity with regulations made under this Act;

 

(c)    issue, amend, vary, cancel, refuse and suspend a production certificate;

 

(d)    issue or validate type certificates and prescribe in such certificates, terms, conditions and limitations as are required in the interest of safety;

 

(e)    issue, renew or validate certificates of air worthiness in respect of an aircraft, and specify in such certificates, the duration of such certificates, the type of services for which the aircraft may be used and such other terms, conditions or limitations as are required in the interest of safety;

 

(f)     issue, amend, vary, cancel and suspend airworthiness approvals, licenses and certificates in conformity with regulations made under this Act;

 

(g)    develop, issue and amend airworthiness directives, bulletins, orders, terms and conditions to bring them into conformity with airworthiness regulations;

 

(h)    establish flight operations, airworthiness engineering and airworthiness inspection organizations, necessary for the requirements of safety of air navigation;

 

(i)     establish a personnel licensing system to license aircraft maintenance personnel, flight crew, air traffic controllers, flight operations officers and such other persons engaged in the use or operation of aircraft, aircraft facilities, aerodromes and other activities related, incidental or supplementary thereto, in accordance with the provisions of this Act, regulations and the licensing requirements specified in Annex 1 of the Chicago Convention;

 

(j)     specify, monitor and supervise the conditions under which an aircraft may carry passengers, mail and cargo or be used for other proposes, and prohibit an aircraft from the carriage of such classes of goods as the Authority may prescribe from time to time;

 

(k)    certify/grant licenses in respect of aerodromes and certify airways, navigational approaches and landing aids in Nigeria to ensure safety of air navigation;

 

(l)     prohibit and regulate the installation of any structure, which by virtue of its height or position is considered to endanger the safety of air navigation;

 

(m)   institute and regulate the use of civil air ensign and other ensign established for purposes connected with air navigation in Nigeria;

 

(n)    regulate the activities of air navigation service providers in accordance with ICAO Standards and Recommended Practices and national laws;

 

(o)    regulate and participate in aeronautical search and rescue operations;

 

(p)    determine the need for commercial air transport operations;

 

(q)    regulate the standards for the provisions of air traffic services and prescribe air traffic regulations, rules or conditions on aircraft flights(including safe altitudes) for the purpose of navigating, protecting and identifying aircraft, protecting individuals and property on ground and preventing collision between aircraft and land or water vehicles and between an aircraft and airborne objects;

 

(r)     regulate the standards for the provision of aeronautical meteorological services for the safe conduct of civil aviation operations;

(s)    regulate the standards for the provision of civil aviation security in Nigeria.

 

(4)    Notwithstanding the provisions of subsections (1) and (3) of this section, the Authority shall have and exercise the powers generally to

 

(a)    regulate, supervise and monitor the activities of Nigerian and Foreign carriers, travel and other aviation agents operating in Nigeria, and to keep a register in respect thereof;

 

(b)    require periodic statistical/financial and special returns and special reports from any air carrier, prescribe the manner and form in which such reports or returns shall be made, and require from any air carrier specific answers to questions upon which it deems information may be necessary;

 

(c)    prescribe the form of financial records and memoranda to be kept by air carriers including accounts, records and memoranda of the movement of traffic and the receipt of and expenditure of money and length of time such accounts, records and memoranda may be preserved;

 

(d)    require every Nigerian and Foreign carrier to the and keep open for public inspection, tariffs showing all rates, fares and charges charged by it, in such form and manner as may be prescribed by the Authority from time to time, and to approve or reject tariffs so filed which are inconsistent with approved rates specified by the Authority under the provisions of this Act, regulations, rules and orders made thereunder:

 

Provided that the rates, fares and charges shown in any tariff shall in the first instance be denominated in local currency, without prejudice to these being denominated in foreign currencies in the case of foreign carriers;

 

(e)    require an air carrier to maintain reasonable and adequate rates of compensation and other conditions of service for its employees so as to bring them into conformity with prevailing labour practices in the industry;

 

(f)     require a domestic air carrier to submit annually and at such other times as it may deem fit, a list showing the names of its shareholders or any person holding more than 5 per cent of the shares in the air carrier together with the names of any person on whose behalf such shares are held;

 

(g)    require every Nigerian carrier to file with it a true copy of every contract or agreement affecting air transportation or any modification or cancellation thereof, between the air carrier and any other air carrier or other bodies, for leases, pooling or apportioning earnings, losses, traffic, service or equipment or relating to establishment of transportation fares, charges or classifications, or for preserving and improving safety, preventing or otherwise eliminating destructive, oppressive or wasteful competition or for any other cooperative working arrangement;

 

(h)    disapprove of such contract or agreement described in paragraph (g) whether or not previously approved that is found to be adverse to the public interest or to be in violation of the provisions of this Act, regulations, rules and orders made by the Authority under this Act;

 

(i)     investigate and determine upon its own initiative or upon receipt of a complaint by any air carrier, air travel agent, consumer of air transport service or other allied aviation service provider, whether any air carrier, air travel agent or provider of any other allied aviation service has been or is engaged in unfair or deceptive practices or unfair methods of competition in air transportation, the sale of tickets thereof or in the provision of other allied aviation service and order such air carrier, air travel agent or other allied aviation service provider to desist from such practices or methods of competition;

 

(j)     establish procedures for investigation and determination of requests or applications for special operating authorisations; such procedures may include written notice to holders of air operator’s certificates to make submissions which may be heard orally in support of such application as will not unduly delay the issuance of the special operating authorisation, taking into consideration the degree or emergency involved;

 

(k)    participate in and advise the Minister on technical matters including Bilateral Air Services Agreements, and generally on activities of international aviation organizations;

 

(l)     set training standards for and approve air transport training institutions;

 

(m)   institute programmes for the protection of consumer interests;

 

(n)    specify the fees to be paid for the issue, validation, renewal, extension or variation of any certificate, license or other document issued pursuant to this Act or the undergoing of any examination or test required which may be expedient for the purpose of the regulation of fees charged;

 

(o)    prescribe the minimum insurance cover to be taken out by any air operator certificate holder, aerodrome operator or air traffic control service provider taking into account, as the basis for such minimum, the respective risk involved in such operations;

 

(p)    ensure that the extent of insurance cover undertaken by any holder shall not be less than that prescribed by the Authority;

 

(q)    fix and impose charges in respect of the grant of any license, permit, certificate or other authorisation to any person under this Act or regulations made pursuant thereto and in respect of the registration of aircrafts or mortgages in respect thereof, approvals, consents and any other form of benefit conferred on any person pursuant to this Act or the regulations made pursuant thereto;

 

(r)     conduct economic regulation of airlines, aerodromes, air navigation services, other aviation and allied aviation service providers.

 

(5)    The powers conferred upon the Authority under this section includes the powers to develop, make, issue and revise regulations, rules, orders, terms and conditions in respect of any matter relating, incidental, or supplemental thereto, or such matter as the Authority may deem necessary in the public interest and safety of air navigation.

 

(6)    In the exercise of the powers conferred upon it and the discharge of its functions in this Act, the Authority, subject to the provisions of section 28 of this Act, shall not submit its decision for the approval of or be bound by the decisions or recommendations of any person, body or organization, but shall he guided by safety, security and public interest considerations.

 

(7)    The powers conferred on and the functions of the Authority in this Act are vested on the Director‐ General of the Authority who may exercise them directly or through the Directors in charge of the under listed Directorates‐

(a)    Air Worthiness Standards;

(b)    Air Transport Regulation;

(c)    Operations and Training Standards;

(d)    Aerodrome and Airspace Standards;

(e)    Licensing Standards;

(f)     Aeromedical Standards;

(g)    Legal;

(h)    Finance and Accounts;

(i)     Administration and Corporate Affairs;

or other staff of the Authority.

 

(8)    The Director‐General shall establish the credentials of the Safety Inspectors of the Authority.

 

(9)    The Director‐General may delegate any assigned powers and duties to any properly qualified private person, subject to such regulation, supervision and review as may be prescribed by the Authority although the Director‐General shall ensure that such functions are not delegated in such a way that aircraft operators, airport Civil Aviation Act operators, aerial work service providers, general aviation operators and maintenance facility operators, in effect, regulate themselves.

 

(10) Regulations made under this section shall provide for the imposition of Penalties for offences against the regulations, including the suspension or revocation of certificates, licenses and authorisations, and in the case of any particular offence such fine as may from time to time be prescribed by regulation 9 made by the Authority and or imprisonment for a term not less than six months, and, subject to Chapter IV of the Constitution of the Federal Republic of Nigeria (which relates to fundamental rights), for the taking of such steps (including the interception of aircraft) as may be prescribed as respects aircraft flying over areas of Nigeria over which flying is prohibited by the regulations.

 

(11) Regulations made under this section may make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances but shall, so far as practicable, be so framed as not to discriminate in like circumstances.

 

(12) In the exercise of its power to make regulations under this section, the Authority shall consult with stakeholders including airlines, aerodrome operators, air traffic control service providers, consumers and other relevant bodies and organizations in the aviation industry.

 

PART X – Functions of the Authority

 

  1. Functions of the Authority

 

The Authority shall be responsible for‐

 

(a)    the registration of any aircraft in Nigeria and issuance to the owner thereof, of a certificate of registration;

 

(b)    the establishment and maintenance of a system or register for recording the title to or any interest in any aircraft registered in Nigeria;

 

(c)    the prohibition of any Nigerian or foreign registered aircraft from operating within the Nigerian airspace, unless a certificate of airworthiness in respect thereof, is issued or validated under the regulations in force with respect to the aircraft: Provided that the foregoing prohibition shall not apply to aircraft undergoing test flights or flights to places where prescribed maintenance or repairs are to be carried out;

 

(d)    the inspection and regulation of aerodromes, inspection of aircraft factories and for the prohibition or regulation of the use of aerodromes which are not licensed in pursuance of the regulations;

 

(e)    the prohibition of any person from engaging in air navigation in any capacity whatsoever unless the Authority determines that such a person satisfies the requirements of this Act and the regulations made there under;

 

(f)     ensuring the efficiency and regularity of air navigation and the safety of aircraft, persons and property carried in aircraft and for preventing aircraft from endangering persons and property;

 

(g)    the prohibition of aircrafts from flying over such areas in Nigeria as may be prescribed;

 

(h)    the issue, validation, renewal, extension or variation of any certificate, license or other document required by the regulations (including the examinations tests to be undergone) and custody, and production, cancellation, suspension, endorsement and surrender of any such document;

 

(i)     the registration of births and deaths occurring in aircraft and of particulars of persons missing from aircraft; and

 

(j)     the collation and maintenance of a data bank of aviation and aircraft accidents, incidents, and occurrences and promote accident prevention programmes.

 

PART XI – Control of Air Transport Undertaking

 

  1. Licensing of air transport undertakings

 

(1)    Subject to the provisions of section 34 of this Act‐

 

(a)    no aircraft shall be used by any person in Nigeria for flying, while carrying passengers or cargo for reward, on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) or for such flying undertaking for the purpose of any trade or business, except under the authority of and in accordance with a license, permit, or other authorization issued to him by the Authority.

 

(b)    no aircraft shall be used by any person in Nigeria for any other purpose save for military, police, customs, or immigration operations, except under the authority of and in accordance with a license, permit, or other authorisation issued by the Authority.

 

(2)    The Authority may by regulations prescribe the types of licenses, permits, certificates or other authorisation, which may be issued and the terms and conditions upon which they may be issued.

 

(3)    Nothing in this section shall restrict the right of a designated air transport undertaking, having its principal place of business in any country outside Nigeria, to provide transport for passengers, mail or cargo‐

 

(a)    in accordance with the terms of any agreement for the time being in force between the government of the Federal Republic of Nigeria and the government of that country; or

 

(b)    in accordance with the terms of any permission granted by the Minister pending the completion of the negotiations for such an agreement referred to in Paragraph (a).

 

(4)    An application for the grant of a license, permit, certificate or other authorisation must be made in writing to the Authority and contain such particulars with respect to such matters as the Authority may specify in a notice published in the prescribed manner and where an application is made for the grant of any such license, permit, certificate or other authorization, the Authority shall subject to subsection (6) of this section, either grant such license, permit, certificate or other authorisation to the applicant in the terms requested in the application, or in those terms with such modifications as the Authority thinks fit, or refuse to grant such license, permit, certificate or other authorisation.

 

(5)    Where an application is made to the Authority and the Authority is satisfied that the applicant has met and complied with all the requirements necessary for grant of a license, permit, certificate or other authorisation, the Authority shall give notice of such compliance by the applicant.

 

(6)    Upon receipt of the notice aforesaid, the Authority may approve or disapprove the grant of such license, permit, certificate or other authorisation and the Authority shall proceed to grant the said license, permit, certificate or other authorisation; Provided that, the Authority shall not approve any applicant for the grant of a licence, permit, certificate or other authorisation in respect of whom the Authority has given notice that such an applicant has met and complied with all the requirements for the grant of such license, permit, certificate or other authorisation.

 

  1. Eligibility for licenses, permits, etc.

 

(1)    Notwithstanding the provisions of section 17 of the Nigeria Investment Promotion Commission Act, the Authority shall refuse to grant a license permit, certificate or other authorisation in pursuance of an application if it is not satisfied that‐

 

(a)    the applicant is‐

 

(i)     a citizen of Nigeria, or

 

(ii)    being a company or a body corporate, is registered in Nigeria and has its principal place of business within Nigeria, and is controlled by Nigeria nationals;

 

(b)    the applicant is, having regard to‐

 

(i)     his and his employees’ experience in the field of aviation and his and the past activities generally, and

(ii)    where the applicant is a body corporate, the experience in the field of aviation and the past activities generally of the persons appearing to the Authority to control that body, a fit person to operate aircrafts under the authority of the license, permit, certificate or other authorisation which the Authority considers should be granted to him in pursuance of the application; or

 

(c)    the resources of the applicant and the financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business activities in which he is engaged if any, and in which he may be expected to engage if he is granted the license, permit, certificate or other authorisation which the Authority considers should be granted to him in pursuance of the application.

 

(2)    The provisions of subsection (1) of this section shall not apply to any license, permit, certificate or other authorisation needed by a person for the purpose of operating an aircraft for private use only.

 

  1. Air Operator Certificate (A.O.C.) and other safety certificates

 

(1)    The Authority shall issue Air Operators Certificates and all other certificates relating to the safety of air transport undertakings.

 

(2)    The Authority shall by regulation prescribe the minimum safety standards and all other relevant requirements for the grant, issuance, operation, variation, and renewal of such certificates.

 

(3)    The Authority shall by regulation, issue operation specifications that define the approved terms, conditions and limitations of such operations.

 

(4)    The Authority shall by regulation prescribe conditions for the revocation, suspension or other limitation of Air Operator Certificates.

 

  1. Variation, suspension and revocation of licenses, permits, etc.

 

(1)    An application for the variation, suspension or revocation of a licence, permit, certificate or other authorisation may be made to the Authority at any time in such manner and by such person(s) as may be prescribed in writing by the Authority.

 

(2)    The Authority may at any time vary, suspend or revoke, a licence, permit, certificate or other authorisation if it considers it appropriate to do so, whether or not such an application with respect to the license, permit, certificate or authorisation has been made pursuant to subsection (1) of this section.

 

(3)    The Authority may exercise its powers under subsection (2) hereof to revoke, suspend or vary a license, permit, certificate or authorisation (whichever is appropriate in the circumstances) if it is not or is no longer satisfied that‐

 

(a)    the holder of the license is, having regard to‐

 

(i)     his and his employees’ experience in the field of aviation and his and their past activities generally, and

 

(ii)    where the holder of the license is a body corporate, the experience in the field of aviation and the past activities generally of the persons appearing to the Authority to control that body, a fit person to operate air transport business under the authority of the license, permit, certificate or other authorisation; or

 

(b)    the resources of the holder of the license, permit, certificate or other authorisation and the financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business activities in which he is engaged;

 

(c)    the holder of a license, permit, certificate or other authorisation subject to section 34(2) is a citizen, of Nigeria or such a company or body as mentioned in paragraph (a)(ii) of sub‐section (1) of section 33;

 

(4)    The Authority may exercise its powers under subsection (2) hereof to revoke, suspend or vary a license, permit, certificate or authorisation (whichever is appropriate in the circumstances) if it is not or is no longer satisfied that the holder of a license has not contravened any of the provisions of this Act or any regulation made there under especially provisions and regulations relating to safety and security or any provision or regulation the breach of which constitutes an offence under this Act or such regulation.

 

(5)    The provisions of subsections (2) and (3) conferring on the Authority power to revoke, suspend or vary a license, permit, certificate or other authorisation shall be construed as conferring on the Authority power to provide, by a notice in writing served in the prescribed manner on the holder of the license, permit, certificate or other authorisation that the license, permit, certificate or other authorisation shall not be effective during a period specified in the notice.

(6)    The Authority may, while a license, permit, certificate or other authorisation is ineffective by virtue of such a notice, by a further notice in writing served in the prescribed manner on the holder, provide that the license, permit, certificate or other authorisation shall be effective on and after a date specified in the further notice but the further notice shall not prejudice the Authority’s powers to suspend the license, permit, certificate or other authorisation again or to revoke or vary it.

 

  1. Supplementary provisions relating to licensing, permits, etc.

 

(1)    Where the Authority takes a decision refusing to grant, vary, suspend or revoke a license, permit, certificate or other authorisation, the Authority shall subject to subsection (2) below, furnish a statement of the reasons for the decision to the applicant for the license, permit, certificate or other authorization, or as the case may be, to the holder and to any other person who in accordance with rules made pursuant to this Act has filed an objection in the case or requested such a statement, provided that, no statement of reasons need be furnished in pursuance of this subsection in a case in which the decision is taken in pursuance of a request by the holder of a license, permit, certificate or other authorisation for the variation, suspension or revocation of it.

 

(2)    The Authority may refrain from furnishing a statement of reasons in pursuance of sub‐section (1) of this section, if it has reason to believe that it might adversely affect the security interests of Nigeria or the relations of Nigeria with any other country.

 

(3)    The Authority may publish in such manner as it thinks fit particulars of, and of its reasons for, any decision taken with respect to a license, permit, certificate or other authorisation or an application for such a license, permit, certificate or other authorisation.

 

(4)    A person who, for the purpose of obtaining for himself or another person a license, permit, certificate or other authorisation or with regard to a variation or the cancellation or suspension of a license, permit, certificate or other authorisation knowingly or recklessly furnishes to the Authority any information which is false, commits an offence and liable on conviction to imprisonment for a term of not less than 6 months or a fine of not less than N500,000.00 (Five Hundred Thousand Naira) or both.

 

  1. General duties in relation to licensing function of the authority

(1)    The Authority shall perform its air transport licensing functions in the manner which it considers best to ensure that Nigerian registered airlines compete as effectively as possible with other airlines in providing air transport services on international routes: and in performing those functions the Authority shall also have regard to‐

 

(a)    any advice received from the Minister with respect to the likely outcome of negotiations with the government of any other country or territory for the purpose of securing any right required for the operation by an airline in Nigeria of any air transport services outside Nigeria; and

 

(b)    the need to secure the most effective use of aerodromes within Nigeria.

 

(2)    In considering whether to grant a license, permit, certificate or other authorisation, the Authority shall have regard to the effect on existing air transport services provided by Nigerian registered airlines, of authorising any new services the applicant proposes to provide under the license, permit, certificate or other authorisation.

 

(3)    Where two or more applicants have applied for the same license, permit, certificate or other authorisation under which each proposes to provide similar services, the Authority shall have regard in particular to any benefits which may arise from enabling two or more airlines to provide the services in question.

 

PART XII – Provision of Aerodromes, Control of Land for Aviation Purposes etc.

 

  1. Power of minister to approve the establishment aerodromes

 

(1)    The Minister may approve the establishment and development of aerodromes anywhere in Nigeria.

 

(2)    Roads, approaches, apparatus, equipment, buildings and other accommodations in connection to such aerodromes shall be maintained by the owners in conformity with rules and regulations made under this Act.

 

  1. Eligibility for an aerodrome license

 

A license for an aerodrome shall not be granted to any person other than‐

(a)    a citizen of Nigeria; or

 

(b)    the Federal Government, a State Government, a Local Government or any company or corporation owned or controlled by either of the said Governments; or

 

(c)    a company or a corporation registered in Nigeria and having its principal place of business in Nigeria.

 

  1. Duty of the authority to consider environmental factors when licensing aerodromes

 

The Authority in exercising its functions in relation to the licensing of aerodromes shall have regard to the need to minimize so far as practicable any adverse effect the presence of such aerodromes may have on the environment.

 

  1. Fixing by reference to noise factors, the charges for using licensed aerodromes

 

Without prejudice to any power of an aerodrome operator to enter into an agreement on such terms as he or it thinks fit, an aerodrome operator may for the purpose of encouraging the use of quieter aircraft and of diminishing inconvenience from aircraft noise, fix his or its charges by reference, among other things, to any fact or matter relating to ‐

 

(a)    the amount of noise, vibration or emission caused by the aircraft in respect of which the charges are made; or

(b)    the extent or nature of any inconvenience resulting from such noise, vibration or emission.

 

  1. Requirements for approval of aerodrome security programme

 

(1)    No aerodrome operator shall permit his or its aerodrome to be used for operation of air transport service unless he or it has the airport security programme approved by the Authority.

 

(2)    The aerodrome operator, his or its representatives and servants to comply with the provisions of the approved security programme.

 

(3)    Every breach of the provisions of the approved airport security programme shall attract a fine of not less than N200,000.00 (two hundred thousand naira),

 

  1. Requirements for approval of airline security programme

 

(1)    No airline operator shall operate air transport service to, from and within Nigeria unless he has a security programme approved by the Authority.

 

(2)    The airline operator, its representatives and servants shall comply with the provisions of the approved security programme.

 

(3)    It shall be the duty of the airline operator, its representatives and servants to comply with the provisions of the approved security programme.

 

(4)    Every breach of the provisions of the approved airline security programme shall attract a fine of not less than N200,000.00 (two hundred thousand naira).

 

  1. Security surveys, audits, test and inspections

 

The Authority or any other person authorised by it by general or special order in writing in this behalf may ‐

 

(a)    conduct surveys and inspections of security measures relating to passengers and their cabin baggage, checked baggage, cargo and other goods, access controls and aerodrome design;

 

(b)    conduct an exercise to check the professional efficiency of those personnel responsible for implementing the aviation security procedures and also to test the adequacy of security measures at any aerodrome in Nigeria.

 

  1. Security checks of persons and baggage

(1)    Every person entering an aerodrome and every person before proceeding for boarding an aircraft and his hand baggage, if any, shall be liable to be searched and shall permit to be searched by an aviation security officer or any other person authorized in that behalf in writing by the Minister.

 

(2)    Baggage of every person boarding an aircraft and all unaccompanied baggage shall be screened or subjected to prescribed security control before they are placed on board or carried on an aircraft.

 

(3)    Baggage of every person boarding an aircraft and all unaccompanied baggage shall be screened or subjected to prescribed security control before they are placed on board or carried on an aircraft.

 

(4)    Every breach of the provisions of this Section shall attract a fine of not less than N50,000.00 (fifty thousand naira).

 

  1. Obstructions near aerodromes

 

(1)    If the Authority is satisfied, with respect to any building or structure in the vicinity of an aerodrome to which this section applies, that in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that building or structure, it may by order direct (subject to any conditions specified in the order) the operator of the aerodrome and any person acting under the operator’s instructions

 

(a)    to execute, install, maintain, operate, and as occasion requires repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order, and

 

(b)    so far as may be necessary for exercising of the powers conferred by the order, enter upon and pass over (with or without vehicles) any such land as may be specified in the order: Provided that, no such order shall be made in relation to any building or structure if it appears to the Authority that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning.

 

(2)    The Authority shall, before making any such order cause to be published, in such manner as it thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may within such period not being less than 14 (Fourteen) days after the publication of the notice as may be specified therein, be made to it by any person appearing to it to have an interest in any land which would be affected by the order, and at the end of that period the order may subject to the provisions of this section, be made with such modifications (if any) of the original draft as the Authority thinks proper.

 

(3)    Every such order shall provide that‐

(a)    except in a case of emergency, no works shall be executed on any land in pursuance of the order unless, at least 14 (fourteen) days previously, the operator of the aerodrome to which the order relates has served in the manner specified by the order on the occupier of that land, and on every other person known by the operator to have an interest in the land, a written notice containing such particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, as may be specified by the order;

 

(b)    if within 14 (fourteen) days from the service of the said notice on any person having such an interest, the operator of the aerodrome receives written objection on the part of that person to the proposals contained in the notice, then, except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific authority of the Authority; and

 

(c)    the operator of the aerodrome to which the order relates to pay to any person having an interest in any land affected by the order adequate compensation for any loss or damage which that person may suffer in consequence of the order; and for the purposes of this subsection any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any building, structure or erection to which such an order relates as is attributable to the operation of the order, shall be deemed to be loss or damage suffered in consequence of the order.

 

(4)    The ownership of anything shall not be taken to be affected by reason on that it is placed in, or affixed to, any land in pursuance of such an order; and (subject to the provisions of the next following subsection) so long as any such order respect of an aerodrome is in force, no person shall, except with the consent of the operator of the aerodrome, willfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed in on or over any land in pursuance of the order.

 

(5)    Any person who contravenes the provision of subsection (4) of this section, commits an offence and is liable on conviction to imprisonment for a term not less than 6 months or a fine not less than N100,000.00 or both; and any person who willfully obstructs a person in the exercise of any of the powers conferred by such an order commits an offence and is liable on conviction to imprisonment for a term not less than 6 months or a fine not less than N100,000.00 or both.

 

(6)    Nothing in this section shall operate, in relation to any building or structure, so as to restrict the doing of any work for the purpose of repairing, altering demolishing or removing the building or structure if‐

 

(a)    notice of the doing of the work is given as soon as may be to the operator of the aerodrome; and

 

(b)    the giving of warning of the presence of the building or structure in the manner provided by, any order under this section in force in relation thereto is not interrupted.

 

(7)    in this section‐

 

(a)    the expression “aerodrome to which this section applies” means

 

(i)     an aerodrome under the control of the Minister or of the Minister of the government of the Federation responsible for defence, or

 

(ii)    any premises which, in pursuance of regulations made under section 30 of this Act are for the time being licensed as an aerodrome, and

 

(b)    the expression “operator of the aerodrome” means‐

 

(i)     in the case of such an aerodrome as is mentioned in sub‐paragraph (i) of paragraph (a) of this subsection, the person in charge of the aerodrome, and

 

(ii)    in any other case, the holder of the license issued in respect of the aerodrome in pursuance of this Act.

 

  1. Trespass on Licensed Aerodromes etc

 

(1)    Subject to subsection (2) of this section, any person who trespasses on any land forming part of an aerodrome, or upon which navigational aids or any ancillary facility is situated commits an offence and is liable on conviction, to imprisonment for a term not less than 1 month or a fine of not less than N100,000.00 or both.

 

(2)    No person shall be liable under this section. unless it is proved that at the material time, notices warning trespassers of their liability under this section were posted, so as to be readily seen and read by members of the public, in such position on or near the boundary of the aerodrome or land upon which any navigational aid or ancillary facility is situated as appear to the court to be proper.

 

PART XIII – Special Provisions as to Trespass, Nuisance, Salvage and Patents, etc.

 

  1. Carriers’ Liability

 

(1)    The provisions contained in the Convention for the Unification of certain rules relating to International Carriage by Air signed at Montreal on 28th May, 1999 set out in the Second Schedule of this Act and as Amended from time to tune, shall from the commencement of this Act have force of law and apply to international carriage by air to and from Nigeria, in relation to any carriage by air to which those rules apply irrespective of the nationality of the aircraft performing the carriage, and shall, subject to the provisions of this Act, govern the rights and liabilities of carriers, passengers, consignors, consignees and other persons.

 

(2)    The provisions contained in the Convention for the Unification of Certain Rules Relating to international Carriage by Air signed at Montreal on 28th May, 1999. as has been modified and Set out in the Third Schedule of this Act and as amended from time to time, shall from commencement of this Act have force of law and apply to non‐international carriage by air within Nigeria, irrespective of the nationality of the aircraft performing the carriage and shall subject In the provisions of this Act, govern the rights and liabilities of carriers, passengers, consignors, consignees and other persons.

 

(3)    In any case of aircraft accident resulting in death or injury of passengers the carrier shall make advance payments of at least US $30,000.00 (thirty thousand United States Dollars) within 30 (thirty) days from the date of such accident to the natural person or such natural persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons and such advance payments shall not constitute recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

 

  1. Action in trespass, nuisance and damage from Aircraft

 

(1)    No action shall lie in respect of trespass or nuisance by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case as reasonable, or the ordinary incidents of such flight, so long as the flight over such property duly complies with any regulations in force made in respect thereto.

 

(2)    Where injury, loss or damage is caused to any person or property on land or water by an article or a person in or falling from an aircraft while in flight, taking off or landing, then, without prejudice to the law relating to contributory negligence damages in respect of the injury, loss or damage shall be recoverable without proof of negligence or intention or any other cause of action, as if the injury, loss or damage had been caused by the willful act, neglect or default of the owner of the aircraft:

 

Provided that where the injury, loss or damage is caused in circumstances in which‐

 

(a)    damages are recoverable from the owner in respect of the injury, loss or damage by virtue only of the foregoing provisions of this subsection; and

 

(b)    a legal liability exists in some person other than the owner to pay damages in respect of the injury, loss or damage, the owner shall be entitled to be indemnified by that other person against any claim in respect of the said injury, loss or damage.

 

(3)    Where any aircraft has been bona fide demised, let or hired not to any person by the owner thereof and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though references to the owner here were substituted for references to the person to whom the aircraft has been so demised, let or hired out.

 

  1. Application to Aircraft of law of wreck and salvage

 

(1)    Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage service if they had been rendered in relation to a vessel.

 

(2)    Where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward for those services as he would have been entitled to if the aircraft had been a vessel.

 

(3)    The provisions of subsections (1) and (2) of this section shall have effect, notwithstanding that the aircraft concerned is a foreign aircraft and that the services in question are rendered elsewhere than within the limit of the territorial waters of Nigeria.

 

(4)    The Minister may by regulations direct that any provisions of any law for the time being in force in Nigeria which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress shall, with such modifications and exceptions (if any) as may be prescribed, apply in relation to aircraft as those provisions apply in relation to vessels.

 

(5)    For the purposes of this section, any provisions of any law in force in Nigeria, which relate to vessels laid by, or neglected as unfit for sea service shall be deemed to be provisions relating to wreck.

 

  1. Patent claims

 

(1)    Any lawful entry into Nigeria or any lawful transit across Nigeria, with or without landings, of an aircraft to which this sub‐section applies, shall not, entail any seizure or detention of the aircraft or any proceedings against the owner or operator of the aircraft or any other interference with the aircraft by or on behalf of any person in Nigeria on the ground that the construction, mechanism, parts, accessories, or operation of the aircraft is an infringement of any patent, design or model.

 

(2)    The importation into and storage in Nigeria of spare parts and spare equipment for an aircraft to which this sub‐section applies and the use and installation thereof in the repair of such an aircraft, shall not, entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Nigeria, on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model:

 

Provided that, this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Nigeria or are exported from Nigeria for sale or distribution.

 

(3)    Subsections (1) and (2) of this section applies to‐

 

(a)    any aircraft (other than an aircraft used in military, customs or police services) registered in a country or territory in the case of which there is for the time being in force a declaration made by the Minister with, a view to the fulfilment of the relevant provisions of the Convention mentioned in section 30 (1) (a) of this Act, that the benefits of those subsections extend to that country or territory; and

 

(b)    such other aircraft as the Minister may by order specify.

 

  1. Infringement of patent

 

(1)    Where it is alleged by any interested person that a foreign aircraft which is not an aircraft to which section 51 (1) of this Act applies and which is making a passage through or over Nigeria, infringes in itself or part of it any invention, design or model which is entitled to protection in Nigeria, subject to and in accordance with any order made by the Minister, it shall be detained until the owner of it deposits or secures in respect of the alleged infringement a sum (hereafter in this section referred to as “the deposited sum”); and thereupon the aircraft shall not, during the continuance of the passage, be subject to any lien, arrest, detention or prohibition, whether by order of a court or otherwise, on account of the alleged infringement.

 

(2)    The deposited sum shall be such sum as may be agreed between the parties interested or, in default of agreement, as may be fixed by the Minister; and the payment of the deposited sum shall be made or secured to the Minister in such manner as may be specified by orders made by the Minister.

 

(3)    The deposited sum shall be dealt with by such tribunal and in accordance with such procedure as may be prescribed by orders made by the Minister, and the orders may provide generally for carrying the provisions of subsections (1) and (2) of this section into effect.

 

(4)    For the purposes of subsection (1) of this section, the expression “owner” shall include the actual owner of an aircraft and any person claiming through or under him, and the expression “passage” shall include all reasonable landings and stoppages in the course of the passage.

 

  1. Detention of aircraft

 

Any regulation, rule or order made under or in pursuance of this Act in relation to aircraft may, provide for the detention of aircraft to secure compliance with the regulation, rule or order and may make such further provisions as appear necessary or expedient for securing the detention.

 

PART XIV – Offences

 

  1. Offences

 

(1)    Any act done by any person on a Nigerian aircraft outside Nigeria which, if it had been done by him in any part of Nigeria would have constituted an offence under the law in force in that part shall, for the purposes of any criminal proceedings in that part of Nigeria against that person in respect of that act, be deemed to have been done by him in that part of Nigeria.

 

(2)    Except with the consent of the Attorney‐General of the Federation, no proceedings shall be instituted by virtue of the foregoing subsection against any person.

 

(3)    Where it is alleged that an offence under this Act or regulations made by virtue of this Act has been committed, proceedings in respect of the offence may be brought in any court in Nigeria, which would have had jurisdiction in the matter if that offence had been committed in the part of Nigeria for which the Court acts.

 

  1. Dangerous flying

 

(1)    Where an aircraft is flown in such a manner as to cause danger to any person or property in the aircraft, on land or water, the pilot or any other person in charge of the aircraft and the owner or any person having responsibility for safe navigation of the aircraft commits an offence and is liable on conviction to imprisonment for a term of not less than 2 years or a fine of not less than N1,000,000.00 (one million naira) or both.

 

(2)    In any proceedings against the owner of an aircraft in respect of an alleged offence under this section, it is a defence to prove that the act alleged to constitute the offence was done without the fault, privity and consent of the owner.

 

(3)    In this section, “owner”, is in relation to an aircraft and an alleged offence, includes any person by whom the aircraft is hired at the time of the alleged offence.

 

  1. Hijacking and Interference

 

(1)    The provisions contained in the Convention for the Suppression of the Unlawful Seizure of Aircrafts signed at the Hague on the 16th day of December 1970 set out in the First Schedule to this Act and as amended from time to time shall from the commencement of this Act have force of law in Nigeria.

 

[First Schedule]

 

(2)    Whosoever on board an aircraft either on ground or in flight unlawfully, by force or threat of force, or by any other form of intimidation, seizes or exercises control of that aircraft, commits offence of hijacking of such aircraft.

 

(3)    Any person who attempts to commit any of the acts referred to in sub‐section (2) of this section in relation to any aircraft, or is an accomplice to the commission of any such act, shall also be deemed to have committed the offence of hijacking of such aircraft.

 

(4)    Any person who commits the offence of hijacking is liable on conviction to imprisonment for life and also to a fine of not less than N10,000,000.00 (ten million naira).

 

(5)    Any person who in the course of committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, is liable to the same punishment with which he would have been liable under any law for the time being in force in Nigeria if such act had been committed in Nigeria.

 

(6)    The Courts of the Federal Republic of Nigeria shall have jurisdiction to try offenders under this section where‐

(a)    the offence is committed on board an aircraft registered in Nigeria;

 

(b)    the aircraft on board which the offence is committed lands in Nigeria with the alleged offender still on board;

 

(c)    the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business in Nigeria or if he has no principal place of business, his permanent residence is in Nigeria; and

 

(d)    the offence is committed on board a non‐Nigerian registered Aircraft whilst such an aircraft is within the territory of the Federal Republic of Nigeria.

 

  1. Offences of endangering safety, destroying or damaging of an Aircraft in flight, etc.

 

(1)    Any person who unlawfully and intentionally

 

(a)    commits an act of violence against a person on board an aircraft in flight which is likely to endanger the safety of such aircraft; or

 

(b)    communicates such information which he knows to be false so as to endanger the safety of an aircraft in flight, commits an offence and shall be liable on conviction to imprisonment for 5 years or a fine of not less than N2,000,000.00 (two million naira).

 

(2)    Any person who unlawfully and intentionally‐

 

(a)    destroys an aircraft in service or causes damage to such aircraft in such a manner as to render it incapable of flight or which is likely to endanger its safety in flight; or

 

(b)    places or causes to be placed on an aircraft in service by any means whatsoever a device or substance which is likely to destroy that aircraft or to cause damage to it which renders it incapable of flight or to cause damage to it which is likely to endanger its safety in flight, commits an offence and is liable on conviction to a maximum of life imprisonment and his assets may be confiscated or to both.

 

(3)    Whoever attempts to commit or abets the commission of any offence under subsection (1) or (2) of this section shall also be deemed to have committed such offence and be liable on conviction to the punishment for such offence.

 

  1. Prohibition of unruly and indecent conduct

The Authority may by regulations prohibit certain acts which constitute unruly or indecent behaviour on board aircraft in or over Nigeria and such regulations may include appropriate criminal sanctions.

 

  1. Offences at aerodromes

 

(1)    Any person who, at any aerodrome, unlawfully and intentionally, uses any device, substance or weapon to‐

(a)    commit an act of violence which causes or is likely to cause grievous hurt of any person, or

(b)    destroy or seriously damage any aircraft or facility at an aerodrome or disrupt any service at the aerodrome, commits an offence and liable on conviction to imprisonment for life or to a fine of not less than N10,000,000.00 (ten million naira).

 

(2)    Any person who attempts to commit, or abets the commission of any offence under subsection (1) of this section is also deemed to have committed such offence and is liable on conviction to the punishment provided for such offence.

 

  1. Destruction of, or damage to, air navigation and other facilities

 

(1)    Any person who unlawfully and intentionally destroys or damages air navigation and meteorological facilities or interferes with their operation in such a manner as is likely to endanger the safety of aircraft in flight commits an offence and is liable on conviction to imprisonment for a term of not less than 1 (one) year or to a fine of not less than N500,000 (five hundred thousand naira) or both.

 

(2)    Any person who attempts to commit, or abets the commission of any offense under subsection (1) of this section is also deemed to have committed such offense and is liable to the punishment provided for

that offense.

 

  1. Duties of operator and personnel, etc.

 

(1)    Each operator shall make or cause to be made, such inspection, maintenance, overhaul, and/or repair of all equipment used in civil aviation and to ensure that the operations conducted are in accordance with this Act and the regulations, by‐laws, directives and orders of the Director‐General issued by this Act.

 

(2)    Each holder of an air operator certificate shall ensure that the maintenance of aircraft and operations of that air operator are conducted in the public interest and in accordance with the requirements of this Act and the regulations, by‐laws, directives and orders issued under this Act by the Director‐General.

 

(3)    Each holder of an airman certificate shall observe and comply with the authority and limitations of that certificate, the requirement of this Act and the regulations, by‐laws, directives and orders issued under this Act.

 

(4)    Every person performing duties in civil aviation shall observe and comply with the requirements of this Act and the orders, rules, regulations and by‐laws issued under this Act relating to their tasks.

 

(5)    Every person who offers, or accepts shipment of cargo, or baggage for civil air transport, whether originating or arriving in international flights to or from Nigeria, or for flights within Nigeria, shall offer or accept such shipment of cargo, or baggage in accordance with the provisions of Annex 18 to the Chicago Convention and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air or any regulations on Dangerous Goods made pursuant to this Act.

 

  1. Transportation of dangerous goods by air

 

The Authority shall monitor and enforce compliance with the provisions of Annex 18 to the Chicago Convention and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, and is authorised to submit variations to the Technical Instructions on behalf of Nigeria where necessary.

 

  1. Federal High Court to try offences

 

(1)    The Federal High Court shall have jurisdiction to try offences committed under this Act, and to hear all other matters involving the Authority and its obligations under any law.

 

(2)    Without prejudice to the power of the Attorney‐General of the Federation in section 174 of the Constitution of the Federal Republic of Nigeria, 1999, the Authority shall with the consent of the Attorney‐General of the Federation have power to initiate and undertake the prosecution, in its name, of any person in respect of any offence created under the provisions of this Act, or any regulation, rule or order made pursuant to this Act.

 

PART XV – General

 

  1. Power of the Authority to make rules for protecting public health

 

(1)    The Authority in consultation with either relevant government agencies may make regulations for the prevention of danger arising to public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome.

 

(2)    The Authority may, by regulation provide that a breach of any regulation made pursuant to subsection (1) of this section shall be punishable with imprisonment for a period not less than 1 month or a fine of not less N100,000.00 or both.

 

  1. Emergency power for protecting public health

 

(1)    If the Minister is satisfied that Nigeria or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to public health through the introduction or spread of the disease by the agency of the aircraft, the Minister may take such measures as deemed necessary to prevent such danger.

 

(2)    In any such case the Minister may, without prejudice to the powers conferred by section 64 of this Act, by notification in the Official Gazette make such temporary orders with respect to aircraft and persons travelling or things carried therein and aerodromes as he deems necessary in the circumstances.

 

(3)    Orders made under sub‐section (2) shall not remain in force for more than three months from the date of notification, provided that the Minister may, by special order continue them in force for a further period or periods of not more than three months.

 

(4)    In making any order under this section, the Minister may direct that a breach of it shall be punishable with imprisonment for a period not less than one year, or a fine not less than N500,000.00 or both.

 

  1. Power of Minister to make orders in emergency

 

(1)    In time of war, whether actual or imminent or when a proclamation of emergency under the Constitution is in force in the Federal Republic of Nigeria or any part thereof, if the Minister is of the opinion that in the interest of public safety or tranquility, the issue of all or any of the following orders is expedient, he may by notification in the Official Gazette

(a)    cancel or suspend, either absolutely or subject to such conditions as he may think fit to specify in the order, all or any licences, permits, certificates or other authorizations issued under this Act;

 

(b)    prohibit either absolutely or subject to such conditions as he may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of Nigeria;

 

(c)    prohibit, either absolutely or conditionally or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flying‐school or club, or place when aircraft are manufactured, repaired or kept, or any class or description thereof;

 

(d)    direct that any aircraft or class of aircraft, or any aerodrome, aircraft factory, flying‐school or club, or place where aircraft are manufactured, repaired or kept together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either further with or within a specified time, to such authority and in such manner as he may specify in the order, to be at the disposal of the Federal Government of Nigeria for the public service; or

 

(e)    direct that any airline operator having its principal place of business in Nigeria, or an aerodrome operator or a provider of air traffic and meteorological services, and the employees of such airline operator, aerodrome operator or provider of air traffic and meteorological services, shall carry out flights, and other duties connected with operation of flights, in the public interest in the manner specified in the order.

 

(2)    Any order made under subsection (1) of this section shall have effect, notwithstanding anything inconsistent therewith contained in any regulation made under this Act or any other statute in force in Nigeria.

 

(3)    Any person who suffers direct injury or loss by reason of any order made under paragraph (c), (d) or (e) of subsection (1) of this section shall be paid such compensation as may be determined by such authority or person as the Minister may appoint in this behalf.

 

(4)    The Minister may, authorize such steps to be taken to secure compliance with any order made under subsection (1) as appear to him to be necessary.

 

(5)    Any person who knowingly disobeys, or fails to comply with, or does any act in contravention of an order made under subsection (1) of this section, commits an offence and is liable on conviction to imprisonment for a term not less than 6 months, or a fine not less than N100,000.00 (one hundred thousand naira), or both, and the court by which he is convicted may direct that the aircraft or thing, if any, in respect of which the offence has been committed, or any part of such aircraft or thing, shall be forfeited to the Federal Government.

 

  1. Designation of essential Service

 

(1)    All services which facilitate and maintain the smooth, orderly and safe take off, flight and handling of aircrafts and handling of aircrafts and the disembarkation and evacuation of passengers and cargo respectively in all aerodromes in Nigeria are hereby designated as essential services pursuant to the provisions of section 11 (1) of the Constitution of the Federal Republic of Nigeria.

 

(2)    The Minister may by regulations prohibit all or such class or classes of workers, officers and other employees or persons whether corporate or natural, engaged in the provision of the services specified in subsection (1) of this section from taking part in a strike or other industrial action.

 

(3)    In this section, “strike” means the cessation of work by a body of persons employed, acting in combination or a concerted refusal or a refusal under a common understanding of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer, or the Government of the Federation of Nigeria or any part thereof, or to aid other workers in compelling their employer or any persons or body of persons employed, to accept or not to accept terms of employment and physical conditions of work or any Government economic policy or pricing of any essential product, and in this definition ‐

 

(a)    “cessation of work” includes working at less than usual speed or with less than usual efficiency without reasonable operational justification; and

 

(b)    “refusal to continue to work” includes a refusal to work at usual speed or with usual efficiency.

 

  1. Bilateral Exchanges of Safety oversight responsibilities

 

(1)    The Authority may pursuant to Article 83bis of the Convention on International Civil Aviation and by a Bilateral Agreement with the Aeronautical Authorities of another country exchange with that country all or part of their respective functions and duties with respect to registered aircrafts under the following articles of the conventions: Article 12 (Rules of the air), Article 31 (Certificates of airworthiness), or Article 32 (a) (Licenses of Personnel).

 

(2)    The Authority relinquishes responsibility with respect to the functions and duties transferred by the Authority as specified in the Bilateral Agreement under the articles listed in subsection (6) for Nigerian registered aircraft described in subsection (6) (a) transferred abroad and accept responsibility with respect to the functions and duties under those articles for aircraft registered abroad described in subsection (6) (b) that are transferred to Nigeria.

 

(3)    The Authority may predicate, in the Agreement, the transfer of functions and duties under this subsection on any conditions the Authority deems necessary and prudent, except that the Authority may not transfer responsibilities for Nigerian registered aircraft described in subsection (6) (a) to a country that the Authority determines is not in compliance with its obligations under International Law for the safety oversight of civil aviation.

 

(4)    The Authority, pursuant to agreements entered into under this section, may recognize certificates of airworthiness and personnel licenses issued or renewed by the State of the operator.

 

(5)    The Authority shall notify and inform the International Civil Aviation organization and other States concerned with the transfer arrangement of the existence of the agreement.

 

(6)    In this section the term “registered aircraft” means‐

 

(a)    aircraft registered in Nigeria and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and

 

(b)    aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in Nigeria.

 

  1. Regional cooperative aviation safety agreements

 

(1)    The Authority shall encourage regional co‐operation in the regulation and administration of aviation safety.

 

(2)    The Authority may, pursuant to subsection (1) of this section enter into agreements for cooperative endeavours in aviation safety with other regional contracting States to the Convention on International Civil Aviation and the Authority in conjunction with the Ministry in charge of civil aviation shall negotiate, agree to and manage such regional co‐operative agreements.

 

(3)    The Authority may in the interest of public safety and the safety of civil aviation, delegate certain aviation safety tasks under the co‐operative agreement to citizens of Nigeria and citizens of the other state party in the agreement.

 

  1. Aviation safeguards

 

(1)    The Authority, subject to the approval of the Minister may, by regulation, make such provisions as it deems necessary, to prohibit and/or discourage anti‐competitive practices.

 

(2)    Without prejudice to the generality of subsection (1) of this section, such practices may include‐

(a)    charging fares and rates on routes at levels which are in aggregate insufficient to cover the costs of providing the services to which they relate;

(b)    the addition of excessive capacity or frequency of service;

(c)    practices which have a serious negative economic effect on, or cause significant damage to, another airline;

(d)    practices which reflect an apparent intent or have the probable effect, of crippling, excluding or driving another airline or allied aviation service provider from the market; and

(e)    any behaviour indicating an abuse of dominant position on a route or routes or in respect of any allied service.

 

  1. Compensation schemes for passengers and other allied aviation services consumers

(1)    The Authority shall formulate schemes for suitable compensation of passengers and other aviation and allied service consumers arising from different forms of grievances.

 

(2)    The regulations under subsection (1) of this section shall be formulated after holding consultations with air carriers and other stake holders.

 

  1. Regulation of sale, distribution and provision of allied services

 

(1)    All persons engaged in the sale, distribution and provision of allied services shall obtain such license, permit or authorization from the Authority as may be specified.

 

(2)    The Authority may make rules in this behalf, which may, inter alia, include;

(a)    the categories including (but not limited) to aircraft equipment sale or leasing operations, in‐flight catering services, ground handling, amongst others in which the license may be granted;

(b)    the information to be furnished by an applicant for the license;

(c)    the terms and conditions subject to which the license may be granted

(d)    the circumstances under which the license may be suspended or revoked

 

  1. Application of certain conventions

 

(1)    The provisions of the Convention on the International Recognition of Rights in Aircraft (Geneva Convention), 1948 set out in the Fourth Schedule to this Act, and as amended from time to time, shall from the commencement of this Act have the force of law in Nigeria subject to subsection (2) of this section.

 

[Fourth Schedule]

 

(2)    The provisions of the Convention on International Interests in Mobile Equipment 2001 and the Protocol to the Convention on International Interests in Mobile Equipment on matters specific to aircraft equipment 2001 (the Cape Verde Convention and Protocol) set out in the Fifth Schedule (a) and

 

(b)    respectively, shall from the commencement of this Act, have the force of law in Nigeria.

 

[Fifth Schedule]

Provided however, that the Minister of Aviation shall have power to from time to time make declarations required or permitted to be made under the Convention and Protocol.

 

  1. Insurance

 

(1)    Any carrier operating air transport services to, from or within Nigeria, or aerodrome operator, aviation fuel supplier, or any provider of ground handling services, meteorological services, air traffic control services, aircraft maintenance services, or provider of such other class of allied service as the Authority may from time to time determine in writing shall maintain adequate insurance covering its liability under this Act and also its liability towards compensation for damages that may be sustained by third parties for an amount to be specified in regulations made by the Authority.

 

(2)    Absence of such insurance shall be sufficient reason for refusal, suspension or revocation of the permission to operate the air transport service or services in question.

 

(3)    Any person having a duty to maintain adequate insurance pursuant to the provision of subsection (1) of this section shall make quarterly returns to the Authority evidencing that such adequate insurance is maintained and that all conditions necessary to create an obligation on the insurer to provide indemnity in the event of a loss have for the time being been fulfilled.

 

(4)    Any carrier operating air transport services to, from or within Nigeria, or aerodrome operator, aviation fuel supplier, or any provider of ground services, air traffic control services, aircraft maintenance services, who contravenes the provisions of subsections (1) and (3) of this section, commits an offence and is liable on conviction to a fine of not less than Ten million Naira and its Principal Officers shall he liable to imprisonment for a term of not less than two years.

 

  1. Air services agreement

 

All funds accruing from or as a result of air services agreements entered into by Nigeria whether multilateral or bilateral shall be paid to the Authority and maintained in a separate account to be used solely for the, development of Civil Aviation in Nigeria in accordance with regulations made by the Minister and appropriation by the National Assembly.

 

  1. Periodic Publication of aviation policy

(1)    The Minister may publish from time to time a statement of the policies of the Government of the Federal Republic of Nigeria on civil aviation.

 

(2)    If the Minister considers it appropriate to do so, he may by notice in writing, require the Authority to publish a statement of the policy it intends to adopt with respect to any particular matter in exercising the powers and performing the functions conferred upon it under this Act and it shall be the duty of the Authority to publish the statement required by such a notice.

 

(3)    Before publishing any statement under this section, the Authority shall consult such persons as appear to it to be representative respectively‐

(a)    of the civil aviation industry of Nigeria; and

(b)    of users of air transport services.

 

(4)    The manner of publication of any statement under this section shall be as the Authority may determine.

 

  1. Repeals and saving provisions

 

(1)    Subject to the provisions of subsection (2) of this section, the following enactments are hereby repealed;

 

(a)    Carriage by air (Colonies, Territories and other Trust Territories) Colonial Order 1953;

 

(b)    Civil Aviation Act, Cap. 51 LFN 1990;

 

(c)    Civil Aviation (Amendment) Act, 1999; and

 

(d)    Nigerian Civil Aviation Authority (Establishment) Act, No. 49 1999.

 

(2)    All regulations, by‐laws, orders and subsidiary legislation made under the Civil Aviation Act, 1964 Cap. 511. FN 1990) shall continue to be in force until new regulations, by‐laws, orders and subsidiary legislation are made pursuant to this Act.

 

  1. Definitions

 

(1)    In this Act‐

 

“aerodrome” means a defined area of land on land or water (including any buildings, installations, and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

 

“aircraft” means any machine that can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth’s surface;

“air navigation services” includes information, direction and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft and the control of movement of vehicles in any part of an aerodrome used for the movement of aircraft;

 

“allied aviation business” includes aircraft equipment sale or leasing operations, in‐flight catering services, ground handling operations and other businesses connected with or ancillary to civil aviation;

 

“Authority” means the Nigerian Civil Aviation Authority established by Section 2 (1) of this Act;

 

“cargo” means any property carried on an aircraft other than mail stores and accompanied or mishandled baggage;

 

“Chicago Convention” means the Convention on International Civil Aviation concluded at Chicago on the 7th December, 1944, any Annex which relates to international standards and recommended practices and is adopted in accordance with the Convention and any amendment of the Convention or of such Annex which is made in accordance with the Convention;

 

“civil aviation operations” includes Ground Handling operations, air operations, aerodrome operations, Meteorological Services, Air traffic control and provision of Navigational Aids, Catering and allied services;

 

“DirectorGeneral” means the Director‐General of the Authority;

 

“flight” means a journey by air beginning from the moment when all the external doors of an aircraft are closed following embarkation until the moment when any such doors are opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

 

“foreign aircraft” means an aircraft other than a Nigerian registered aircraft;

 

“ICAO” means International Civil Aviation Organization established under the Convention on International Civil Aviation 1944;

 

“license” Includes Air Transport License (AIL), Air operators Permit (AOP), Air Travellers Organizers License (ATOL), Air Operators Certificate (AOC), Certificates of Airworthiness, Certificate of Registration, Personnel Licenses and Ratings, Aerodrome license, Aviation Training Organizations

Approvals/Certificates, Aircraft Maintenance Organization approvals/certificates and all other authorizations and approvals issued pursuant to this Act;

 

“mail” means dispatches of correspondence and other items tendered by and intended for delivery to postal services in accordance with the rules of the Universal Postal Union;

 

“member” means a member of the Governing Board of the authority and includes the Chairman;

 

“Minister” means the Minister of the Government of the Federation responsible for Civil Aviation;

 

“Nigerian aircraft” means an aircraft registered in Nigeria in pursuance of regulations made under this Act;

 

“premises” includes lands, plants, and ancillary works;

 

“prescribed” means prescribed by regulations made under this Act;

 

“regulations” in this Act is a reference to all subsidiary legislation made pursuant to this Act; and

 

“reward” in relation to a flight includes any form of consideration received or required to be received wholly or partly in connection with the flight irrespective of the person by whom or to whom the consideration has been or is to be given.

 

(2)    Every other term shall have the same meaning as contained in the Chicago Convention.

 

  1. Short Title.

 

This Act may be cited as the Civil Aviation Act, 2006.

 

SCHEDULE

 

FIRST SCHEDULE

 

[Section 56 (1)]

Convention for the Suppression of Unlawful Seizure of Aircraft,1993

PREAMBLE

 

THE STATE PARTIES TO THIS CONVENTION

 

CONSIDERING that unlawful acts of seizure or exercise of control of aircraft in flight jeopardize the safety of persons and property seriously affects the operation of air services, and undermine the confidence of the peoples of the world is the safety of civil aviation;

 

CONSIDERING that the occurrence of such acts is a matter of grave concern;

 

CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

 

HAVE AGREED AS FOLLOWS

 

ARTICLE 1

 

Any person who on board an aircraft in flight unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control

of, that aircraft, or attempts to perform any such act; or is an accomplice of a person who performs or attempts to perform any such act commits an offence (here‐in‐after referred to as “the offence”).

 

ARTICLE 2

 

Each Contracting State undertakes to make the offence punishable by severe penalties.

 

ARTICLE 3

 

  1. For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.

 

  1. This Convention shall not apply to aircraft used in military, customs or police services.

 

  1. This Convention shall apply only if the place of take‐off or the place of actual landing, if the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.

 

  1. In the cases mentioned in Article 5, this Convention shall not apply if the place of take‐off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that Article.

 

  1. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 9 and 10 shall apply whatever the place of take‐off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.

 

ARTICLE 4

 

  1. 1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases

 

(a)    when the offence is committed on board an aircraft registered in that State;

 

(b)    when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board :

 

(c)    when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or if the lessee has no such place of business, his permanent residence, in that State.

 

  1. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

 

  1. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

 

ARTICLE 5

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

 

ARTICLE 6

 

  1. Upon being satisfied that the circumstances so warrant any Contracting State in the territory of which the offender or the alleged offender is present shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

 

  1. Such State shall immediately make a preliminary enquiry into the fact.

 

  1. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

 

  1. When a State, pursuant to this Article, has taken a person into custody it shall immediately notify the State of registration of the aircraft, the State mentioned in Article 4, Paragraph 1 (c), the State of nationality of detained person and, if it considers it advisable, any other interested State of the fact that such person is in custody and of the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said State and shall indicate whether it intends to exercise jurisdiction.

 

ARTICLE 7

 

The Contracting State in the territory of which the alleged offender found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory to submit the case to its competent authorities for the purpose of prosecution. Those

authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

 

ARTICLE 8

  1. The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them.

 

  1. If a Contracting State which makes extradition conditional on the existence of a treaty services a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State.

 

  1. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offence as an extraditable offence between themselves subject to the conditions provided by the law of the requested State.

 

  1. The offence shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 4, paragraph 1.

 

ARTICLE 9

 

  1. When any of the acts mentioned in Article 1 (a) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.

 

  1. In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

 

ARTICLE 10

 

  1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the State requested shall apply in all cases.
  2. The provisions of paragraph I of this Article shall not affect obligations under any other treaty bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

 

ARTICLE 11

 

Each Contracting State shall in accordance with its national law report to the Council of the international Civil Aviation Organization as promptly as possible any relevant information in its possession concerning the circumstances of the offence; the action taken pursuant In Article 9; the measures taken in relation to the offender or the alleged offender: and in particular the results of any extradition proceedings or other legal proceedings.

 

ARTICLE 12

 

  1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall at the request of one of them, be submitted to the Parties and if the parties are unable to agree on the organization or the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

 

  1. Each state may at the time of signature or ratification of this convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.

 

  1. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depository Governments.

 

ARTICLE 13

 

  1. This Convention shall be open for signature at The Hague on 16th December, 1970, by the States participating in the International Conference on Air Law held at The Hague from 1st to 16th December 1970 (hereinafter referred to as the Hague Conference). After 31st December, 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.
  2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America which are hereby designated the Depository Governments.

 

  1. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in The Hague Conference.

 

  1. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.

 

  1. The Depository Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.

 

  1. As soon as this Convention comes into force, it shall be registered by the Depository Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1994)

 

ARTICLE 14

 

  1. Any Contracting State may denounce this Convention by written notification to the Depository Governments.

 

  1. Denunciation shall take effect six months following the date on which notification is received by the Depository Governments.

 

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.

DONE at The Hague, this sixteenth day of December, one thousand, nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

 

SECOND SCHEDULE

 

[Section 48 (1).]

Convention for the Unification of certain Rules relating to International Carriage by Air

 

(Montreal, 1999)

 

THE STATES PARTIES TO THIS CONVENTION

 

RECOGNISING the significant contribution of the convention for the Unification of Certain Rules Relating to international Carriage by Air signed in Warsaw on 12th October, 1929, hereinafter referred to as the “Warsaw Convention,” and other related instruments to the harmonization of private international air law;

 

RECOGNISING the need to modernize and consolidate the Warsaw Convention and related instruments;

 

RECOGNISING the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution;

 

REAFFIRMING the desirability of an orderly development of international air transport operations and the smooth flow of passengers, baggage and cargo in accordance with the principles and objectives of the Convention Of International Civil Aviation, done at Chicago on 7th December, 1944;

 

CONVINCED that collective State action for further harmonization and codification of certain rules governing international carriage by air through a new convention is the most adequate means of achieving an equitable balance of interests;

 

HAVE AGREED AS FOLLOWS:

 

CHAPTER 1

 

General Provisions

 

ARTICLE 1

 

Scope of Application

 

  1. This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

 

  1. For the purposes of this Convention, the expression “international carriage” means any carriage in which, according to agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two States Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State party. Carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.

 

  1. Carriage to be performed by several successive carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.

 

  1. This Convention applies also to carriage as set out in Chapter V, subject to the terms contained therein.

 

ARTICLE 2

 

Carriage Performed by State and Carriage of Postal Items

 

  1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

 

  1. In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

 

  1. Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not apply to the carriage of postal items.

 

CHAPTER II

 

Documentation and Duties if the Parties relating to the Carriage of Passengers,

 

Baggage and Cargo

 

ARTICLE 3

 

Passenger and Baggage

 

  1. In respect of carriage of passengers, individual or collective document of carriage shall be delivered containing‐

 

(a)    an indication of the places of departure and destination;

(b)    if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place.

 

  1. Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved.

 

  1. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

 

  1. The passenger shall be given written notice to the effect that where this Convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.

 

  1. Non‐compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

 

ARTICLE 4

 

Cargo

 

  1. In respect of the carriage of cargo, an air waybill shall be delivered.

 

  1. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carriage shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.

 

ARTICLE 5

 

Contents of air Waybill or Cargo Receipt

 

The air waybill or the cargo receipt shall include‐

 

(a)    an identification of the places of departure and destination;

 

(b)    if the places of departure and destination are within the territory of a single State party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and

 

(c)    an indication of the weight of the consignment.

 

ARTICLE 6

 

Document relating to the Nature of the Cargo

 

The consignor may be required if necessary to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability therefrom.

 

ARTICLE 7

 

Description of Air Waybill

 

  1. The air waybill shall be made out by the consignor in three original parts.

 

  1. The first part shall be marked “for the carrier”; it shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.

 

  1. The signature of the carrier and that of the consignor may be printed or stamped.
  2. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

 

ARTICLE 8

 

Documentation for Multiple Packages

 

When there is more than one package‐

 

(a)    the carrier of cargo has the right to require the consignor to make out separate air waybills;

 

(b)    the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in paragraph 2 of Article 4 are used.

 

ARTICLE 9

 

Noncompliance with Documentary Requirements

 

Non‐compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

 

ARTICLE 10

 

Responsibility for Particulars of Documentation

  1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also apply, where the person acting on behalf of the consignor is also the agent of the carrier.

 

  1. The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.

 

  1. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the consignor against all damages suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2 of Article 4.

 

ARTICLE 11

 

Evidentiary Value of Documentation

 

  1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

 

  1. Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packaging of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts slated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.

 

ARTICLE 12

 

Right of Disposition of Cargo

 

  1. Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.

 

  1. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.

 

  1. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt.

 

  1. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition.

 

ARTICLE 13

 

Delivery of the Cargo

 

  1. Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage.

 

  1. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

 

  1. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.

 

ARTICLE 14

 

Enforcement of the Rights of Consignor and Consignee

 

The consignor and the consignee can respectively enforce all the rights given to them by article 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.

 

ARTICLE 15

 

Relations of Consignor and Consignee or Mutual Relations of third Parties

 

  1. Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

 

  1. The provisions of Articles 12, 13 and 14 can only be varied by express provisions in the air waybill or the cargo receipt.

 

ARTICLE 16

 

Formalities of Customs, Police or Other Public Authorities

 

  1. The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.

 

  1. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

 

CHAPTER III

 

Liability of the Carrier and Extent of, Compensation for Damage

 

ARTICLE 17

 

Death and Injury of PassengersDamage of Baggage

 

  1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

 

  1. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.
  2. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of the twenty‐one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

 

  1. Unless otherwise specified, in this Convention the term “baggage” means both checked baggage and unchecked baggage.

 

ARTICLE 18

 

Damage to Cargo

 

The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following ‐

 

(a)    inherent defect, quality or vice of that cargo;

(b)    defective packing of that cargo performed by a person other than the carrier or its servants or agents;

(c)    an act of war or an armed conflict;

(d)    an act of public authority carried out in connection with the entry, exit or transit of the cargo.

 

  1. The carriage by air within the meaning of paragraph 1 of this Article comprises the period during which the cargo is in the charge of the carrier.

 

  1. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an Airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

 

ARTICLE 19

 

Delay

 

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

 

ARTICLE 20

 

Exoneration

 

If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger, compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or commission of that passenger. This Article applies to all the liability provisions in this Convention, including paragraph 1 of Article 21.

 

ARTICLE 21

 

Compensation in case of Death or Injury of Passengers

 

  1. For damage arising under paragraph 1 of Article 17 not exceeding 100,000.00 United States dollars for each passenger, the carrier shall not be able to exclude or limit its liability.

 

  1. The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 United States dollars if the carrier proves that‐

 

(a)    such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or

 

(b)    such damage was solely due to the negligence or other wrongful act or omission of a third party.

 

ARTICLE 22

Limits of Liability in relation to Delay, Baggage and Cargo

 

  1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 United States Dollars.

 

  1. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 United States Dollars for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case, the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination.

 

  1. In the carriage of Cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 20 United States Dollars per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not excluding the declared sum, unless it proves that the sum is greater than the consignors actual interest in delivery at destination.

 

  1. In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

 

  1. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servants or agent was acting within the scope of its employment.

 

  1. The limits prescribed in Article 21 and in this Article shall not prevent the Court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the Plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding Court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the Plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

 

ARTICLE 23

 

Conversion of Monetary Units

 

  1. The sums mentioned in Articles 21 and 22 shall be converted to naira at the existing official exchange rate.

 

ARTICLE 24

 

Review of Limits

 

  1. Without prejudice to the provisions of Article 25 of this Convention, the limits of liability prescribed in Articles 21, 22 and 23 shall be reviewed by the Minister of Aviation upon advice by the Nigerian Civil Aviation Authority at seven‐year intervals, the first such review to take place at the end of the seventh year following the date of entry into force of this Act.

 

ARTICLE 25

 

Stipulation on Limits

 

A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or to no limits of liability whatsoever.

 

ARTICLE 26

 

Invalidity of Contractual Provisions

Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this convention.

 

ARTICLE 27

 

Freedom to Contract

 

Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions of this Convention.

 

ARTICLE 28

 

Advance Payments

In the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments shall not constitute recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

 

ARTICLE 29

 

Basis of Claims

In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question

as to who are persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non‐compensatory damages shall not be recoverable.

 

ARTICLE 30

 

Servants, Agents Aggregation of Claims

  1. If an action is brought against a servant or agent of the carrier arising out of damage to which the Convention relates, such servant or agent, if they prove that they acted within the scope of their employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention.

 

  1. The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.

 

  1. Save in respect of the carriage of cargo, the provisions of paragraph I and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage recklessly and with knowledge that damage would probably result.

 

ARTICLE 31

 

Timely Notice of Complaint

 

  1. Receipt by the person entitled to delivery of checked baggage or cargo without complaint is Prima Facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in paragraph 2 of Article 3 and paragraph 2 of Article 4.

 

  1. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in case of cargo. mIn the case of delay, the complaint must be made at latest within fourteen days from the date on which the baggage or cargo have been placed at his or her disposal.

 

  1. Every complaint must be made in writing and given or dispatched within times aforesaid.

 

  1. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.

 

ARTICLE 32

 

Death of Person Liable

 

In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his or her estate.

 

ARTICLE 34

Arbitration

 

  1. Subject to the provisions of this Article, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing.

 

  1. The arbitrator or arbitral tribunal shall apply the provisions of this Convention.

 

  1. The provisions of paragraphs 2 and 3 of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.

 

ARTICLE 35

 

Limitation of Actions

The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

 

ARTICLE 36

 

Successive Carriage

 

  1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision.

 

  1. In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

 

  1. As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.

 

ARTICLE 37

 

Right of Resources against Third Parties

 

Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.

 

CHAPTER IV

 

Combined Carriage

 

ARTICLE 38

 

Combined Carriage

 

  1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention shall, subject to paragraph of Article 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

 

  1. Nothing in this Convention shall prevent the parties in the case of combine carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.

 

CHAPTER V – Carriage by Air Performed by a Person other than the Contracting Carrier

 

ARTICLE 39

 

Contracting Carrier Actual Carrier

The provisions of this Chapter apply when a person (hereinafter referred to as “the contracting carrier”) as a principal makes a contract of carriage governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as “the actual carrier”) performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention. Such authority shall be presumed in the absence of proof to the contrary.

 

ARTICLE 40 – Respective Liability of Contracting and Actual Carriers

 

If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules of this Convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.

 

ARTICLE 41 – Mutual Liability

 

  1. The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.

 

  1. The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this Convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.

 

ARTICLE 42

 

Addressee of Complaints and Instructions

 

Any complaint to be made or instruction to be given under this Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.

 

ARTICLE 43

 

Servants and Agents

 

In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.

 

ARTICLE 44

 

Aggregation of Damages

 

In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servant and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for sum in excess of the limit applicable to that person.

 

ARTICLE 45

 

Addressee of Claims

In relation to the carriage performed by the actual carrier, an action for damage may be brought, at the option of the Plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joiner in the proceedings, the procedure and effects being governed by the law of the court seized of the case.

 

ARTICLE 46

 

Additional Jurisdiction

Any action for damages contemplated in Article 45 must be brought, at the option of the Plaintiff, in the territory of one of the State Parties, either before a court in which an action may be brought against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business.

 

ARTICLE 47

 

Invalidity of Contractual Provisions

 

Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.

 

ARTICLE 48

 

Mutual Relations of Contracting and Actual Carriers

Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.

 

CHAPTER VI

 

Other Provisions

 

ARTICLE 49

 

Mandatory Application

Any clause contained in the contract of carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void.

 

ARTICLE 50

 

Insurance

 

States Parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A carrier may be required by the State Party into which it operates to furnish evidence that it maintains adequate insurance covering its liability under this Convention.

 

ARTICLE 51

 

Carriage Performed in Extraordinary Circumstances

The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier’s business.

 

ARTICLE 52

 

Definition of Days

 

The term “days” when used in this Convention means calendar days, not working days.

 

CHAPTER VII

 

Final Clauses

 

ARTICLE 53

 

Signature, Ratification and Entry into Force

 

  1. This Convention shall be open for signature in Montreal on 28 May, 1999 by States participating in the International Conference on Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open to all States for signature at the Headquarters of the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 6 of this Article.

 

  1. This convention shall be open for signature by Regional Economic Integration Organizations. For the purpose of this Convention, a “Regional Economic Integration Organization” means any organization which is constituted by sovereign State of a given region which has competence in respect of certain matters governed by this convention and has been duly authorised to sign and to ratify, accept, approve or accede to this Convention. A reference to a “State Party” or “States Parties” in this Convention, otherwise than in paragraph 2 of Article 1, paragraph 1 (b) of Article 3, paragraph (b) of Article 5, Article 23, 33, 46, and paragraph (b) of Article 57, applies equally to a Regional Economic Integration Organization. For the purpose of Article 24, the references to “a majority of the States Parties” and “one‐third of the States Parties” shall not apply to a Regional Economic Integration Organization.

 

  1. This Convention shall be subject to ratification by States and by Regional Economic Integration Organizations which have signed it.

 

  1. Any State or Regional Economic Integration Organization which does not sign this Convention may accept, approve or accede to it at any time.

 

  1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization which is hereby designated the Depositary.

 

  1. This convention shall enter into force on the sixtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance approval or accession with the Depositary between the States which have deposited such instrument. An instrument deposited by a Regional Economic International Organization shall not be counted for the purpose of this paragraph.

 

  1. For other States and for other Regional Economic Integrations, this Convention shall take effect sixty days following the date of deposit of the instrument of ratification acceptance, approval or accession.

 

  1. The Depositary shall promptly notify all signatories and States Parties of‐

(a)    each signature of this Convention and date thereof;

(b)    each deposit of an instrument of ratification acceptance, approval or accession and date thereof;

(c)    the date of entry into force of this Convention;

(d)    the date of the coming into force of any revision of the limits of liability under this Convention;

(e)    any denunciation under Article 54.

 

ARTICLE 54

 

Denunciation

 

  1. Any State Party may denounce this Convention by written notification to the Depositary.

 

  1. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the Depositary.

 

ARTICLE 55

Relationship with State Parties over Warsaw Convention Instruments

This Convention shall prevail over any rules which apply to international carriage, by air‐

 

(1)    Between States Parties to this Convention by virtue of those States commonly being Party to‐

 

(a)    the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed in Warsaw on 12th October, 1929 (hereinafter called “the Warsaw Convention”);

 

(b)    the Protocol to Amend the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12th October. 1929, done at The Hague on 28 September, 1955

(hereinafter called The Hague Protocol”);

 

(c)    the Convention, supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International Carriage by Air performed by a person other than the Contracting Carrier, signed at Guadalajara on 18th September, 1961 (hereinafter called “the Guadalajara Convention”);

 

(d)    the Protocol to Amend the Convention lot the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October. 1929 as Amended by the Protocol, (done at the Hague on 28th September, 1955) signed at Guatemala City on 8th March, 1971 (hereinafter called “the Guatemala City Protocol”);

 

(e)    Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by The Hague Protocol or the Warsaw Convention as amended by both The Hague Protocol and the Guatemala City Protocol signed at Montreal on 25th September, 1975 (hereinafter called “the Montreal Protocols”); or

 

(2)    Within the territory of any single State Party to this Convention by virtue of that State being Party to one or more of the instruments referred to in sub‐paragraphs (a) to (e) above.

 

ARTICLE 56

 

States with more than one System of Law

  1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may notify this declaration by submitting another declaration at any time.

 

  1. Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies.

 

  1. 3. In relation to a State Party which has made such a declaration‐

 

(a)    reference in Article 23 to “national currency” shall be construed as referring to the currency of the relevant territorial unit of that State; and

 

(b)    the reference in Article 28 to “national law” shall be construed as referring to the law of the relevant territorial unit of that State.

 

ARTICLE 57

 

Reservations

 

No reservation may be made to this convention except that a State Party may at any time declare by a notification addressed to the Depository that this Convention shall not apply to‐

 

(a)    international carriage by air performed and operated directly by that State Party for non‐commercial purposes in respect to its functions and duties as a sovereign State; and/or

 

(b)    the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.

 

IN WITNESS WHEREOF the undersigned plenipotentiaries having been duly authorized, have signed this Convention.

 

DONE at Montreal on the 28th day of May of the year one thousand nine hundred and ninety‐nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic.

 

This Convention shall remain deposited in the archives of the international Civil Aviation Organization and certified topics thereof shall be transmitted by the Depository to all States Parties to this Convention, as well as to all States Parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention. The Guatemala City protocol, and the Montreal Protocols.

_____________________________

 

THIRD SCHEDULE

 

[Section 48 (2).]

 

Modifications to the Convention for the Unification of Certain rules relating to

International Carriage by Air

 

CHAPTER 1

 

General Provisions

 

ARTICLE 1

 

Scope of Application

 

  1. This Convention applies to all carriage of persons, baggage or cargo performed by aircraft for reward within Nigeria. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

 

  1. Carriage to be performed by several successive carriers is deemed for the purposes of this Convention, to be one undivided carriage if it has been regarded by the panes as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts.

 

  1. This Convention applies also to carriage asset out in Chapter V, subject to the terms contained therein.

 

ARTICLE 2

 

Carriage Performed by State and Carriage of Postal Items

 

  1. 1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

 

  1. In the carriage of postal items, the carriage shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

 

  1. Except as provided in paragraph 2 of this Article, the provisions of this of Convention shall not apply to the carriage of postal items.

 

CHAPTER II

 

Documentation and Duties of the Parties relating to the Carriage of Passengers Baggage and Cargo

 

ARTICLE 3

 

Passengers and Baggage

 

  1. In respect of carriage of passengers, an individual or collective document carriage shall be delivered containing an indication of the places of departure and destination.

 

  1. Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger written statement of the information so preserved.

 

  1. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

 

  1. The passenger shall be given written notice to the effect that where this Convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage and for delay.

 

  1. Non‐compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall nonetheless be subject to the rules of this Convention including those relating to limitation of liability.

 

ARTICLE 4

 

Cargo

 

  1. In respect of the carriage of cargo, an air waybill shall be delivered.

 

  1. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.

 

ARTICLE 5

 

Contents of Air Waybill of Cargo Receipt

 

The air waybill or the cargo receipt shall include‐

 

(a)    an indication of the places of departure and destination;

 

(b)    an indication of the weight of the consignment.

 

ARTICLE 6

 

Document Relating to the Nature of the Cargo

 

The consignor may be required, if necessary to meet the formalities of customs, police, and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability resulting therefrom.

 

ARTICLE 7

 

Description of Air Waybill

 

  1. The air waybill shall be made out by the consignor in three original parts.

 

  1. The first part shall be marked “for the carrier”; it shall be signed by the consignor. The second part shall be mark “for the consignee,” it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.

 

  1. The signature of the carrier and that of the consignor may be printed or stamped.

 

  1. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

 

ARTICLE 8

 

Documentation for Multiple Packages

 

When there is more than one package‐

 

(a)    the carrier of cargo has the right to require the consignor to make out separate air waybills;

 

(b)    the consignor has the right to require the carrier to deliver separate cargo receipt when the other means referred to in paragraph 2 of Article 4 are used.

 

ARTICLE 9

 

Noncompliance with Documentary Requirements

 

Non‐compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage, which shall nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

 

ARTICLE 10

 

Responsibility for Particulars of Documentation

 

  1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier.

 

  1. The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.

 

  1. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the consignor against all damages suffered by it, or by any other person to whom the consignor is liable by reason of irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2 of Article 4.

 

ARTICLE 11

 

Evidentiary Value of Documentation

 

  1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

 

  1. Any statements in the air waybill or the cargo receipt relating to the weighs, dimensions and packaging of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.

 

ARTICLE 12

 

Right of Disposition of Cargo

 

  1. Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.

 

  1. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.

 

  1. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of air waybill or the cargo receipt delivered to the latter, the carrier will be liable without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of air waybill or the cargo receipt.
  2. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with the consignor resumes its right to disposition.

 

ARTICLE 13

 

Delivery of the Cargo

 

  1. Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due on complying with the conditions of carriage.

 

  1. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

 

  1. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of two days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.

 

ARTICLE 14

 

Enforcement of the Rights of Consignor and Consignee

 

The consignor and the consignee can respectively enforce all the rights given to them by Articles 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.

 

ARTICLE 15

 

Relations of Consignor and Consignee or Mutual Relations of Third Parties

 

  1. Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

 

  1. The provisions of Articles 12, 13, and 14 can only be varied by express provisions in the air waybill or the cargo receipt.

 

ARTICLE 16

 

Formalities of Customs, Police or Other Public Authorities

 

  1. The Consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police, and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.

 

  1. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

 

CHAPTER III

 

Liability of the Carrier and Extension Compensation for Damage

 

ARTICLE 17

 

Death and Injury of Passengers

 

Damage to Baggage

 

  1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking, disembarking. The carrier is liable for damage sustained in case of destruction or loss of, (damage to checked baggage upon condition only that the event which caused the destruction, or loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of seven day (after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage. Unless otherwise specified, in this Convention the term “baggage” means both checked baggage and unchecked baggage.

 

ARTICLE 18

 

Damage of Cargo

 

The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.

However, the carrier is not liable if and to the extent it proves that the destruction or loss of, or damage to, the cargo resulted from one or more of the following: inherent defect, quality or vice of that cargo; defective packing of that cargo performed by a person other than the carrier or its servants or agents; an act of war or an armed conflict; an act of public authority carried out in connection with the entry, exit or transit of the cargo.

 

The carriage by air within the meaning paragraph 1 of this Article comprises the period during which the cargo is in the charge of the carrier.

The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If however, such carriage takes place in the performance of a contract (or carriage by air, for the purpose of loading. delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without consent or the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carried by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

 

ARTICLE 19

 

Delay

 

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that if was impossible for it or them to take such measures.

 

ARTICLE 20

 

Exoneration

 

If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from which he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger This Article applies to all the liability provisions (in this Convention, including paragraph 1 of

 

Article 21.

 

ARTICLE 21

 

Compensation in case of Death or Injury of Passengers

 

For damages arising under paragraph 1 of Article 17 not exceeding 100,000.00 United States Dollars for each passenger, the carrier shall not be able to exclude or limit its liability.

 

The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 United States dollars if the carrier proves that such damage was not due to the negligence or other wrongful act or omission of the carrier or its

servants or agents; or such damage was solely due to the negligence or other wrongful act or omission of a third party.

 

ARTICLE 22

 

Limits of Liability in relation to Delay, Baggage and Cargo

 

  1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4150 United States Dollars.

 

  1. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage, or delay is limited to 1000 United Slates Dollars for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination.

 

  1. In the carriage of cargo, the liability of the carrier in the case of destruction damage or delay is limited to a sum of 20 United States Dollars per kilogram, unless the consignor has made, at the time when the package was handed over to the car special declaration of interest in delivery at a destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.

 

  1. In the case of destruction, loss, damage or delay of part of the cargo, or any object contained therein, the weight to be taken into consideration in determining amount to which the carrier’s liability is limited shall be only the total weight o package or packages concerned, Nevertheless, when the destruction. Loss, damage part of the cargo, or of an object contained therein, affects the value of other pack covered by the same air waybill, or the same receipt or, if they were not issued, by same record preserved by the other means referred twin paragraph 2 of Article 4 total weight of such package or packages shall also be taken into consideration determining the limit of liability.

 

  1. The foregoing provisions of paragraph 1 and 2 of this Article shall not apply it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge damage would probably result; provided that, in the case of such act or omission servant or agent, it is also proved that such servant or agent was acting within scope of its employment.

 

  1. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own rules of procedure in addition, the whole part of the court costs and of the other expenses of the litigation incurred by Plaintiff, including interest The foregoing provision shall not apply if the amount of damages awarded, including court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action if that is later.

 

ARTICLE 23

Conversion of Monetary Units

 

The sums mentioned in Articles 21 and 22 shall be converted to Naira at the existing official exchange rate.

 

ARTICLE 24

 

Review of Limits

 

Without prejudice to the provisions of Article 25 of this Convention the limits liability prescribed in Articles 21, 22 and 23 shall be reviewed by the Minister of Aviation upon advice by the Nigerian Civil Aviation Authority at seven year intervals, the first such review to take place at the end of the seventh year following the date of entry in force of this Act.

 

ARTICLE 25

 

Stipulation on Limits

 

A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or to no limits of liability whatsoever.

 

ARTICLE 26

 

Invalidity of Contractual Provisions

 

Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.

 

ARTICLE 27

 

Freedom to Contract

Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions of this Convention.

 

ARTICLE 28

 

Advance Payments

In the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payment amount shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

 

ARTICLE 29

 

Basis of Claims

 

In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question

as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary orally other non‐compensatory damages shall not be recoverable.

 

ARTICLE 30

 

Servants, Agents Aggregation of Claims

 

  1. If an action is brought against a servant or agent of the carrier arising out of damage to which the Convention relates, such servant or agent, if they prove that they acted within the scope of their employment shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention.

 

  1. The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.

 

  1. Save in respect of the carriage of cargo the provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

 

ARTICLE 31

 

Timely Notice of Complaints

 

  1. Receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in paragraph 2 of Article 3 and paragraph 2 of Article 4.

 

  1. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within two days from the date of receipt in the case of checked baggage and seven days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within fourteen days from the date on which the baggage or cargo have been placed at his or her disposal.

 

Every complaint must be made in writing and given or dispatched within times aforesaid. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.

 

ARTICLE 32

 

Death of Person Liable

 

In the case of the death of the person liable, an action for damages lies in accord with the terms of this Convention against those legally representing his or her estate.

 

ARTICLE 33

 

Jurisdiction

 

  1. An action for damages must be brought, at the option of the Plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business or where it has a place of business through whit the contract has been made or before the court at the place of destination.

 

  1. In respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in paragraph I of this Article, Air in the territory of a State Party in which of the time of the accident the passenger is his or her principal and permanent residence and to or from which the carrier operates services forth Carriage of passengers by air, either on its own aircraft, or on another carrier’s aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.

 

  1. For the purpose of paragraph 2‐

 

(a)    “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;

 

(b)    “principal and permanent residence” means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this

regard.

 

  1. Questions of procedure shall be governed by the law of the court seized of the case.

 

ARTICLE 34

 

Arbitration

 

  1. Subject to the provisions of this Article the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under the Convention shall be settled by arbitration. Such agreement shall be in writing.

 

  1. The arbitrator or arbitration tribunal shall apply the provisions of this Convention.

 

  1. The provisions of paragraph 2 of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.

 

ARTICLE 35

 

Limitation of Actions

 

The right to damages shall be extinguished if an action is not brought within period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

 

ARTICLE 36

 

Successive Carriage

 

  1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision.

 

  1. In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

 

  1. As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passengers or to the consignor or consignee.

 

ARTICLE 37

 

Right to Resources against Third Parties

 

Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of resources against any other person.

 

CHAPTER IV

 

ARTICLE 38

 

Combined Carriage

 

  1. In the case of combined carriage performed partly by air and partly by other mode of carriage, the provisions of this Convention shall subject to paragraph 4 of Article 18, apply only to the carriage by air provided that the carriage by air within the terms of Article 1.

 

  1. Nothing in this convention shall prevent the parties in the case of combined carriage from inserting in the documents of air carriage conditions relating to other modes of carriage, provided that the provisions of this convention are observed as regards the carriage by air.

 

CHAPTER V

 

Carriage by Air Performed by a Person other than the Contracting Carrier

 

ARTICLE 39

 

Contracting Carrier Actual Carrier

 

The provisions of this Chapter apply when a person thereinafter referred to as the contacting carrier as a principal makes a contract of carriage governed by this convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another thereinafter referred to as “the actual carrier” performs, by virtue of authority from the contracting carrier the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention.

Such authority shall be presumed in the absence of proof to the contrary.

 

ARTICLE 40

 

Respective Liability of Contracting and Actual Carriers

 

If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual shall, except as otherwise provided in this chapter be subject to the rules of this convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.

 

ARTICLE 41

 

Mutual Liability

 

  1. The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also

those of the contracting carrier.

 

  1. The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall in relation the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.

 

ARTICLE 42

 

Addressee of Complaints and Instruments

 

Any complaint to be made or instruction to be given under this Convention to carrier shall have the same effect whether addressed to the contracting carrier or to actual carrier. Nevertheless, instructions referred to in Article 12 shall only be active if addressed to the contracting carrier.

 

ARTICLE 43

 

Servants and Agents

 

In relation to the carriage performed by the actual carrier any servant or agent of carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.

 

ARTICLE 44

 

Aggregation of Damages

 

In relation to the carriage performed by the actual carrier, the aggregate amounts recoverable from that carrier and the contracting carrier and from theirs and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the

contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.

ARTICLE 45

 

Addressee of Claims

 

In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the Plaintiff, against that carrier or the contracting carrier; or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seized of the case.

 

ARTICLE 46

 

Invalidity of Contractual Provisions

 

Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.

 

ARTICLE 47

 

Mutual Relations of Contracting and Actual Carrier

Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.

 

CHAPTER VI

 

Other Provisions

 

ARTICLE 48

 

Mandatory Application

 

Any clause contained in the contract or carriage and all special agreement entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and

void.

 

ARTICLE 49

Carriage Performed in Extraordinary Circumstances

 

The provisions of Article 3 to 5, 7 and 8 relating to the documents of carriage shall not apply in the case of carriage performed in extra‐ordinary circumstances outside the normal scope of a carrier’s business.

 

ARTICLE 50

 

Definition of Days

 

The expression “days” when used in this Convention means working days, not calendar days.

 

FOURTH SCHEDULE

 

[Section 73(1).]

 

Geneva Convention on International Recognition of Rights in Aircraft, 1948

Signed at Geneva, on 19 June, 1948

 

WHEREAS the Internationals Civil Aviation Conference, held at Chicago November‐December 1944, recommended the early adoption of a Convention dealing with the transfer of title to aircraft.

 

WHEREAS it is highly desirable in the interest of the future expansion of International Civil Aviation that rights in aircraft be recognized internationally,

 

THE UNDERSIGNED, duly authorised, have agreed, on behalf of their respective Government, as follows:

 

ARTICLE 1

 

  1. The Contracting States undertake to recognise‐

 

(a)    rights of property in aircraft;

(b)    rights to acquire aircraft by purchase coupled with possession of the aircraft;

(c)    rights to possession of aircraft under leases of six months or more;

(d)    mortgages, hypotheques and similar rights in aircraft which are contractually created as security for payment of an indebtedness;

 

Provided that such rights‐

(i)     have been constituted in accordance with the law of the Contracting State in which the aircraft was registered as to nationality at the time of their constitution, and

(ii)    are regularly recorded in a public record of the Contracting State in which the aircraft is registered as to nationality. The regularity of successive recordings in different Contracting States shall be determined in accordance with the law of the state where the aircraft was registered as to nationality at the time of each recording.

 

  1. Nothing in this Convention shall prevent the recognition of any rights in aircraft under the law of any Contracting State; but Contracting States shall not admit or recognise any right as taking priority over the rights mentioned in paragraph 1 of this Article.

 

ARTICLE II

 

  1. All recordings relating to a given aircraft must appear in the same record.

 

  1. Except as otherwise provided in this Convention, the effects of the recording of any right mentioned in Article 1, paragraph 1, with regard to third parties shall be determined according to the law of the Contracting State where it is recorded.

 

  1. A Contracting State may prohibit the recording of any right which cannot validly be constituted according to its national law.

 

ARTICLE III

 

  1. The address of the authority responsible for maintaining the record must be shown on every aircraft’s certificate of registration as to nationality.

 

  1. Any person shall be entitled to receive from the authority duly certified copies or extracts of the particulars recorded. Such copies or extracts shall constitute prime facie evidence of the contents of the record.

 

  1. If the law of a Contracting State provides that the filing of a document for recording shall have the same effect as the recording, it shall have the same effect for the purposes of this Convention. In that case, adequate provision shall be made to ensure that such document is open to the public.

 

  1. Reasonable charges may be made for services performed by the authority maintaining the record.

 

ARTICLE IV

 

  1. In the event that any claims in respect of compensation due for salvage of the aircraft, or extraordinary expenses indispensable for the preservation of the aircraft, give rise, under the law of the Contracting State where the operations of salvage or preservation were terminated, to a right conferring a charge against the aircraft, such right shall be recognised by Contracting States and shall take priority over all other rights in the aircraft.

 

  1. The rights enumerated in paragraph 1 shall be satisfied in the inverse order of the dates of the incidents in connection with which they have arisen.

 

  1. Any of the said rights may, within three months from the date of the termination of the salvage or preservation operations, be noted on the record.

 

  1. The said rights shall not be recognised in other Contracting States after expiration of the three months mentioned in paragraph 3 unless, within this period,

 

(a)    the right has been noted on the record in conformity with paragraph 3, and

 

(b)    the amount has been agreed upon or judicial action on the right has been commenced. As far as judicial action is concerned, the law of the forum shall determine the contingencies upon which the three months period may be interrupted or suspended.

 

  1. This Article shall apply notwithstanding the provisions of Article 1, paragraph 2.

 

ARTICLE V

 

The priority of a right mentioned in Article 1, paragraph 1(d) extends to all sums thereby secured. However, the amount of interest included shall not exceed that accrued during the three years prior to the execution proceedings together with that accrued during the execution proceedings.

 

ARTICLE VI

In case of attachment or sale of an aircraft in execution, or of any right therein, the Contracting States shall not be obliged to recognise, as against the attaching or executing creditor or against purchaser, any right mentioned in Article 1, or the transfer of any such right, if constituted or effected with knowledge of the sale or execution proceedings by the person against whom the proceedings are directed.

 

ARTICLE VII

 

  1. The proceedings of a sale of an aircraft in execution shall be determined by the law of the Contracting State where the sale takes place.

 

  1. The following provisions shall however be observed‐

 

(a)    The date and place of the sale shall be fixed at least six weeks in advance

(b)    The executing creditor shall supply to the Court or other competent authority a certified extract of the recordings concerning the aircraft. He shall give public notice of sale at the place where the aircraft is registered as to nationality in accordance with the law there applicable, at least one month before the day fixed and shall concurrently notify by registered letter, if possible by air mail, the recorded owner and the holders of recorded rights in the aircraft and of rights noted on record under Article IV, paragraph 3, according to their addresses as shown an record.

 

  1. The consequences of failure to observe the requirements of paragraph 2 shall be as provided by the law of the Contracting State where the sale takes place. However any sale taking place in contravention of the requirements of that paragraph may be annulled upon demand made within six months from the date of the sale by any person suffering damage as the result of such contravention.

 

  1. No sale in execution can be effected unless all rights having priority over to claim of the executing creditor in accordance with this Convention which are established before the competent authority are covered by the proceeds of sale or assumed by the purchaser.

 

  1. When injury or damage is caused to persons or property on the surface of the Contracting State where the execution sale takes place, by any aircraft subject to any right referred to in Article 1, held as security for an indebtedness, unless adequate and effective insurance by a State or an insurance undertaking in any State has been provided by or on behalf of the operator to cover such injury or damage, the national law of such Contracting State may provide in case of the seizure of such aircraft or any other aircraft owned by the same person and encumbered with any similar right held by the same creditor

 

(a)    that the provisions of paragraph 4 above shall have no effect with regard to the person suffering such injury or damage or his representative if he is an executing creditor;

 

(b)    that any right referred to in Article 1 held as security for an indebtedness encumbering the aircraft may not be set up against any person suffering such injury or damage or his representatives in excess of an amount equal to 80% of the sale price. In the absence of other limit established by the law of the Contracting State where the execution sale takes place, the insurance shall be considered adequate within the meaning of present paragraph if the amount of the insurance corresponds to the value when new of the aircraft seized in execution.

 

  1. Costs legally chargeable under the law of the Contracting State where the sale takes place, which are incurred in the common interest of creditors in the course of execution proceedings leading to sale, shall be paid out of the proceeds of sale before any claims, including those given preference by Article IV.

 

ARTICLE VIII

 

Sale of an aircraft in execution in conformity with the provisions of Article VII shall effect the transfer of the property in such aircraft free from all rights which are not assumed by the purchaser.

 

ARTICLE IX

 

Except in a case of a sale in execution in conformity with the provisions of Article VII, no transfer of an aircraft from the nationality register or the record of a Contracting State to that of another Contracting State shall be made unless, all holders of record rights have been satisfied or consent to the transfer.

 

ARTICLE X

 

  1. If a recorded right in an aircraft of the nature specified in Article 1, and held as security for the payment of an indebtedness, extends, in conformity with the law of the Contracting State where the aircraft is registered, to spare parts stored in a specified place or places, such right shall be recognized by all Contracting States as long as the spare parts remain in the place or places specified provided that an appropriate public notice, specifying the description of the right, the name and address of the holder of this right and the record in which such right is recorded, is exhibited at the place where the spare parts are located, so as to give due notification to third parties that such spare parts are encumbered.

 

  1. A statement indicating the character and the approximate number of such spare parts shall be annexed to or included in the recorded document. Such parts may be replaced by similar parts without affecting the right of the creditor.

 

  1. The provisions of Article VII, paragraphs 1 and 4, and of Article VIII shall apply to the sale of spare parts in execution. However, where the executing creditor is an unsecured creditor, paragraph 4 of Article VII in its application to such a sale shall be construed so as to permit the sale to take place if a bid is received in an amount not less than two‐thirds of the value of the spare parts as determined by experts appointed by the authority responsible for the sale. Further in the distribution of the proceeds of sale, the competent authority may, in order to provide for the claim of the executing creditor, limit the amount payable to holders of prior rights to two thirds of such proceeds of sale after payment of the costs referred to in Article VII, paragraph 6.

 

  1. For the purpose of this Article, the term “spare parts” means part of aircraft, engines, propellers, radio apparatus, instruments, appliances, furnishings, parts of any of the foregoing, and generally any other articles of whatever description maintained for installation in aircraft in substitution for parts or articles removed.

 

ARTICLE XI

 

  1. The provisions of this Convention shall in each Contracting State apply to all aircraft registered as to nationality in another Contracting State.

 

  1. Each contracting State shall also apply to aircraft registered as to nationality ‐

(a)    the provisions of Articles II, III, IX and;

(b)    the provisions of Article IV, unless the salvage or preservation operation have been terminated within its own territory.

 

ARTICLE XII

 

Nothing in this Convention shall prejudice the right of any Contracting State to enforce against an aircraft its national laws relating to immigration, customs or air navigation.

 

ARTICLE XIII

 

This convention shall not apply to aircraft used in military, customs or police services.

 

ARTICLE XIV

 

For the purpose of this Convention the competent judicial and administrative authorities of the contracting States may, subject to any contrary provision in the national law, correspond directly with each other.

 

ARTICLE XV

 

The contracting States shall take such measures as are necessary for the fulfilment of the provisions of this convention and shall forthwith inform the Secretary General of the International Civil Aviation Organization of these measures.

 

ARTICLE XVI

 

For the purpose of this Convention the term “aircraft” shall include the airframe, engines, propellers, radio apparatus and all other articles intended for use in the aircraft whether installed therein or temporarily separated therefrom.

 

ARTICLE XVII

 

If a separate register of aircraft for purposes or nationality is maintained in any territory for whose foreign relations a Contracting State is responsible, references in this Convention to the law of the contracting State shall be constituted as reference to the law of that territory.

 

ARTICLE XVIII

 

This Convention shall remain open for signature until it comes into force in accordance with the provisions of Article XX.

 

ARTICLE XIX

This Convention shall be subject to ratification by the signatory States.

The instruments of ratification shall be deposited in the archives of the International Civil Aviation Organization, which shall give notice of the date of deposit to each of the signatory and adhering States.

 

ARTICLE XX

 

  1. As soon as two of the signatory States have deposited their instruments of ratification of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the second instrument of ratification. It shall come into force, for each State which deposits its instrument of ratification after that date, on the ninetieth day after the deposit of its instrument of ratification.

 

  1. The International Civil Aviation Organization shall give notice to each signatory State of the date on which this Convention comes into force.

 

  1. As soon as this Convention comes into force, it shall be registered with the United Nations by the Secretary General of the International Civil Aviation Organization.

 

ARTICLE XXI

 

  1. This Convention shall, after it has come into force, be open for adherence by non‐signatory States.

 

  1. Adherence shall be effected by the deposit of an instrument of adherence in the archives of the International Civil Aviation Organization, which shall give notice of the date of the deposit to each signatory and adhering State.

 

  1. Adherence shall take effect as from the ninetieth day after the date of the deposit of the instrument of adherence in the archives of the International Civil Aviation Organization.

 

ARTICLE XXII

 

  1. Any Contracting State may denounce this Convention by notification of denunciation to the International Civil Aviation Organization, which shall give notice of the receipt of such notification to each signatory and adhering State.

 

  1. Denunciation shall take effect six months after the date of receipt by the International Civil Aviation Organization of the notification of denunciation.

 

ARTICLE XXIII

 

  1. Any State may at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Convention does not apply to any one or more of the territories for the foreign relations of which such State is responsible.

 

  1. The International Civil Aviation Organization shall give notice of any such declaration to each signatory and adhering State.

 

  1. With the exception of territories in respect of which a declaration has been made in accordance with paragraph I of this Article, this Convention shall apply to all territories for the foreign relations of which a Contracting State is responsible.

 

  1. Any State may adhere to this Convention separately on behalf of all or any of the territories regarding which it has made a declaration in accordance with paragraph 1 of this Article and the provisions of paragraphs 2 and 3 of Article XXI shall apply to such adherence.

 

  1. Any Contracting State may denounce this Convention, in accordance with the provisions of Article XXII, separately for all or any of the territories for the foreign relations of which such State is responsible.

 

IN WITNESS WHEREOF the undersigned plenipotentiaries having been duly authorized, have signed this Convention.

 

DONE at Geneva, on the nineteenth day of the month of June of the year one thousand nine hundred and forty‐eight in the English, French and Spanish languages, each text being of equal authenticity.

 

This Convention shall be deposited in the archives of the International Civil Aviation Organization where, in accordance with Article XVIII, it shall remain open for signature.

________________________

 

FIFTH SCHEDULE

 

[Section 73 (2)]

 

A Convention on International Interests in Mobile Equipment

 

THE STATES PARTIES TO THIS CONVENTION.

 

AWARE of the need to acquire and use mobile equipment of high value or particular economic significance and to facilitate the financing of the acquisition and use of such equipment in an efficient manner;

 

RECOGNISING the advantage of asset‐ based financing and leasing for this purpose and desiring to facilitate these types of transaction by establishing clear rules to govern them;

 

MINDFUL of the need to ensure that interest in such equipment are recognised and protected universally;

 

DESIRING to provide broad and mutual economic benefits for all interested parties;

 

BELIEVING that such rules must reflect the principles underlying asset‐based financing and leasing and promote the autonomy of the parties necessary in these transactions;

 

CONSCIOUS of the need to establish a legal framework for international interests in such equipment and for that purpose to create an international registration system for their protection;

 

TAKING INTO CONSIDERATION the objective and Principles enunciated in existing Conventions relating to such equipment,

 

HAVE AGREED upon the following provisions:

 

CHAPTER 1

 

Sphere of Application and General Provisions

 

ARTICLE 1

 

Definitions

In this Convention, except where the context otherwise requires, the following items are employed with the meaning set out below:

 

(a)    “agreement” means a security agreement, a title agreement or a leasing agreement;

 

(b)    “assignment” means a contract which, whether by way of security or otherwise, confers on the assignee associated rights with or without a transfer of the related international interest;

 

(c)    “associated rights” means all rights to payment or other performance by a debtor under an agreement which are secured by or associated with the object;

 

(d)    “commencement of the insolvency proceedings” means the time at which the insolvency proceedings are deemed to continence under the applicable insolvency law;

 

(e)    “conditional buyer” mans a buyer under a title reservation agreement;

 

(f)     “conditional seller” means a seller under a title reservation agreement;

 

(g)    “contract of sale” means a contract for the sale of an object by a seller to a buyer which is not an agreement as defined in (a) above;

 

(h)    “court” means a court of law or an administrative or arbitral tribunal established by a Contracting State;

 

(i)     “creditor“ means a court chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement;

 

(j)     “debtor” means a charger under a security agreement a conditional buyer under a title reservation agreement, a lessee under a leasing agreement or a person whose interest in an object is burdened by a

registrable non‐consensual right or interest;

 

(k)    “insolvency administrator” means a person authorized to administer the reorganization or liquidation, including one authorized on an interim basis and includes a debtor in possession if permitted by the applicable insolvency law;

 

(l)     “insolvency proceedings” means bankruptcy, liquidation or other collective judicial or administrative proceedings including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of re‐organization or liquidation;

 

(m) “interested persons” means ‐

(i)     the debtor;

(ii)    any person who, for the purpose of assuring performance of any of the obligations in favour of the creditor, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other loan of credit insurance;

(iii)    any other person having rights in or over the object.

 

(n)    “internal transaction” means a transaction of a type listed in Article 2 (2) (a) to (c) where the centre of the main interests of all parties to such transaction is situated, and the relevant object located (as specified in the Protocol), in the same Contracting State at the time of the conclusion of the contract and where the interest created by the transaction has been registered in a national registry in that Contracting State which has made a declaration under Article 50 (1);

 

(o)    “international interest” means an interest held by the creditor to which Article 2 applies;

 

(p)    “international registry” means the international registration facilities established for the purpose of this Convention or the Protocol;

 

(q)    “leasing agreement” means an agreement by which one person (the lessor) grants a right to possession or control or an object (with or without an option of purchase) to another person (the lessee) in return the a rental or other payment;

 

(r)     “national interest” means an interest held by a creditor in an object and created by an internal transaction covered by a declaration under Article 50 (1);

 

(s)    “nonconsensual right or interest” means a right or interest conferred under the law of a Contracting State which has made a declaration under Article 39 to secure the performance of an obligation including an obligation to a State, State entity or an inter‐governmental or private organization;

 

(t)     “notice of a national interest” means notice registered or to be registered in the international Registry that a national interest has been created;

 

(u)    “object” means an object of category to which Article 2 applies;

 

(v)    “preexisting right or interest” means a right or interest of any kind in or over an object created or arising before the effective date of this Convention as defined by Article 60 (2) (a);

 

(w)    “proceeds” means money or non‐money proceeds of an object arising from the total or partial loss or physical destruction of the object or its total or partial confiscating, condemnation or re‐acquisition

 

(x)    “prospective assignment” means an assignment that is intended to be made in the future upon the occurrence of a stated event, whether or not the occurrence of the event is certain;

 

(y)    “prospective international interest” means an interest that is intended to be created or provided for in an object as an international interest in the future, upon the occurrence of a stated event (which may include the debtor’s acquisition of an interest in the object), whether or not the occurrence of the event is certain;

 

(aa) “prospective sale” means a sale which is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain;

 

(bb) “protocol” means in respect of any category of object and associated rights to which this Convention applies the protocol in respect of that category of object and associated rights;

 

(cc)   “registered” means registered in the International Registry pursuant to Chapter V;

 

(dd) “registered interest” means an international interest, a registrable non‐consensual right or interest or a national interest specified in a notice of a national interest registered pursuant to Chapter V;

 

(ee) “registrable nonconsensual right or interest” means a non‐consensual right or interest registrable pursuant to a declaration deposited under Article 40;

 

(ff)    “registrar” means, in respect of the Protocol, the person or body designated by that Protocol or appointed under Article 17 (2) (b);

 

(gg) “regulations” means regulations made or approved by the Supervisory Authority pursuant to the Protocol;

 

(hh) “sale” means a transfer of ownership of an object pursuant to a contract of sale;

 

(ii)    “secured obligation” means an obligation secured by a security interest;

 

(jj)    “security agreement” means an agreement by which a chargor grants or agrees to grant to a charge an interest (including an ownership interest) in or over an object to secure the performance of any existing or further obligation of the chargor or a third person;

 

(kk) “security interest” means an interest created by a security agreement;

 

(ll)    “supervisory authority” means, in respect of the Protocol the supervisory authority referred to in Article 17 ( I );

 

(mm) “title reservation agreement” means an agreement for the sale of an object on terms that ownership does not pass until fulfillment of the condition or conditions stated in the agreement;

 

(nn) “unregistered interest” means a consensual interest or non‐consensual interest (other than an interest to which Article 39 applies) which has not been registered, whether or not it is registrable under this Convention; and

 

(oo) “writing” means a record of information (including information communicated by teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on of subsequent occasion and which indicates by reasonable means a person’s approval of the record.

 

ARTICLE 2

 

The International Interest

 

  1. This Convention provides for the constitution and effects of an international interest in certain categories of mobile equipment and associated rights.

 

  1. For the purposed of this Convention, an international interest in mobile equipment is an interest, constituted under Article 7, in a uniquely identifiable object of a category of such objects listed in paragraph 3 and designated in the protocol ‐

(a)    granted by the chargor under a security agreement;

(b)    vested in a person who is the conditional seller under a title reservation agreement; or

(c)    vested in a person who is the lessor under a leasing agreement.

An interest falling within subparagraph (a) does not also fall within the sub paragraph (b) or (c).

 

  1. The categories referred to in the preceding paragraphs are ‐

(a)    airframes, aircraft engines and helicopters;

(b)    railway rolling stock; and

(c)    space assets.

 

  1. The applicable law determines whether an interest to which paragraph 2 applies falls within subparagraphs (a), (b) or (c) of that paragraph.

 

  1. An international interest in an object extends to proceeds of that object.

 

ARTICLE 3

 

Sphere of Application

 

  1. This Convention applies when, at the time of the conclusion of the agreement creating or providing for the international interest, the debtor is situated in a Contracting State.

 

  1. The fact that the creditor is situated in a non‐Contracting State does not affect the applicability of this Convention.

 

ARTICLE 4

 

Where Debtor is Situated

 

  1. For the purpose of Article 3 (1), the debtor is situated in any Contracting State‐

(a)    under the law of which it is incorporated or formed;

(b)    where it has its registered office or statutory seat;

(c)    where it has its centre of administration; or

(d)    where it has its place of business.

 

  1. A reference in subparagraph (d) of the preceding paragraph to the debtor’s place of business shall, if it has more than one place of business, mean its principal place of business or, if it has no place of

business, its habitual residence.

ARTICLE 5

 

Interpretation and Applicable Law

 

  1. In the interpretation of this Convention, regard is to be had to its purposes as set forth in the preamble, to its international character and to the need to promote uniformity and predictability in its application.

 

  1. Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based, or, in the absence of such principles, in conformity with the applicable law.

 

  1. References to the applicable law are to the domestic rules of the law applicable by virtue of the rules of private international law of the forum State.

 

  1. Where State comprises several territorial units, each of which has its own rules of law in respect of the matter to be decided, and where there is no indication of the relevant territorial unit, the law of that State decides which is the territorial unit whose rules shall govern in the absence of any such rule, the law of the territorial unit with which the case is most closely connected shall apply.

 

ARTICLE 6

 

Relationship between the Convention and the Protocol

 

  1. This Convention and the Protocol shall be read and interpreted together as a single instrument.

 

  1. To the extent of any inconsistency between this Convention and the Protocol, the Protocol shall prevail.

 

CHAPTER II

 

Constitution of an International Interest

 

ARTICLE 7

 

Formal Requirements

An interest is constituted as an international interest under this Convention where the agreement creating or providing for the interestis in writing; relates to an object of which the chargor, conditional seller or lessor has power to dispose; enables the object to be identified in conformity with the Protocol; and in the case of a security agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum sum secured.

 

CHAPTER III

 

Default Remedies

 

ARTICLE 8

 

Remedies of Chargee

 

  1. In the event of default as provided in Article 11, the chargee may, to the extent that the chargee or has at any time so agreed and subject to any declaration that may be made by a Contracting State under Article 54, exercise any one or more of the following remedies ‐

 

(a)    take possession or control of any object charged to it;

(b)    sell or grant a lease of any such object;

(c)    collect or receive any income or profits arising from the management or use of any such object.

 

  1. The chargee may alternatively apply for a court order authorizing or directing any of the acts referred to in the preceding paragraph.

 

  1. Any remedy set out in subparagraphs (a), (b) or (c) of paragraph 1 or by Article 13 shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the security agreement except where such a provision is manifestly unreasonable.

 

  1. A chargee proposing to sell or grant a lease of an object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to interested persons specified in Article 1 (m) (i) and (ii); and interested persons specified in article 1 (m) (iii) who have given notice of their rights to the charge within a reasonable time prior to the sale or lease.

 

  1. Any sum collected or received by the chargee as a result of exercise of any of the remedies set out in paragraph 1 or 2 shall be applied towards discharge of the amount of the secured obligations.
  2. Where the sums collected or received by the chargee as a result of the exercise of any remedy set out in paragraph 1 or 2 exceed the amount secured by the security interest and any reasonable costs incurred in the exercise of any such remedy, then unless otherwise ordered by the court the charge shall distribute the surplus among holders of subsequently ranking interests which have been registered or of which the chargee has been given notice, in order of priority, and pay any remaining balance to the chargor.

 

ARTICLE 9

 

Vesting of Object in Satisfaction Redemption

 

  1. At any time after default as provided in Article 11, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.

 

  1. The court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.

 

  1. The court shall grant any application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurate with the value of the object after taking account of any payment to be made by the chargee to any of the interested persons.

 

  1. At any time after default as provided in Article II and before sale of the charged object or the making of an order under paragraph 2. the charger or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee under Article 8 (1) (b) or ordered under Article 8 (2). Where after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of chargee.

 

  1. Ownership or any other interest of the chargor passing on a sale under Article 8 (1) (b) or passing under paragraph 1 or 2 of this Article is free from any other interest over which the charge’s security interest has priority under the provisions of Article 29.

 

ARTICLE 10

 

Remedies of Conditional Seller or Lessor

 

In the event of default under a title reservation agreement or under a leasing agreement as provided in Article 11, the conditional seller or the lessor, as the case may be, may ‐

 

(a)    subject to any declaration that may be made by a Contracting State under Article 54, terminate the agreement and take possession or Control of any object to which the agreement relates; or

 

(b) apply for a court order authorizing or directing either of these acts.

 

ARTICLE 11

 

Meaning of Default

 

  1. The debtor and the creditor may at any time agree in writing as to the events that constitute a default or otherwise give rise to the rights and remedies specified in Articles 8 to 10 and 13.

 

  1. Where the debtor and the creditor have not so agreed, “default” for the purpose of Articles 8 to 10 and 13 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement.

 

ARTICLE 12

 

Additional Remedies

 

Any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that they are not inconsistent with the mandatory provisions of this Chapter as set out in Article 15.

 

ARTICLE 13

 

Relief Pending Final Determination

 

  1. Subject to any declaration that it may make under Article 55, a Contracting State shall ensure that a creditor who adduces evidence of default by the debtor may, pending final determination of its claim and to the extent that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests:

 

(a)    preservation of the object and its value;

(b)    possession, control or custody of the objects;

(c)    Immobilization of the object; and

(d)    lease, or except where covered by sub‐paragraphs (a) to (c), management of the object and the income therefrom.

 

  1. In making any order under the preceding paragraph, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor ‐

 

(a)    in implementing any order granting such relief, fails to perform any of its obligation to the debtor under this Convention or the protocol; or

(b)    fails to establish its claim, wholly or in part, on the final determination of that claim.

 

  1. Before making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons.

 

  1. Nothing in this Article affects the application of Article 8 (3) or limits the availability of forms of interim relief other than those set out in paragraph 1.

 

ARTICLE 14

 

Procedural Requirement

 

Subject to Article 54 (2), any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised.

 

ARTICLE 15

 

Derogation

 

In their relations with each other, any two or more of the parties referred to in this Chapter may at any time, by agreement in writing, derogate from or vary the effect of any of the preceding provisions of this Chapter except Articles 8 (3) to (6), 9 (3) and (4), 13 (2) and 14.

 

CHAPTER IV

 

The International Registration System

 

ARTICLE 16

 

The International Registry

 

  1. An International Registry shall be established for registration of

 

(a)    international interest, prospective international interests and registrable non‐consensual right and interests;

(b)    assignment and prospective assignments of international interest;

(c)    acquisition of international interests by legal or contractual subrogations under the applicable law;

(d)    notice of national interests; and

(e)    subordinations of interests referred to in any of the proceeding sub‐paragraphs.

 

  1. Different international registries may be established for different categories of object and associated rights.

 

  1. For the purpose of this Chapter and Chapter V, the term “registration” includes where appropriate, an amendment, extension or discharge of a registration

 

ARTICLE 17

 

The Supervisory Authority and the Registrar

 

  1. There shall be a Supervisory Authority as provided by the Protocol.

 

  1. The Supervisory Authority shall‐

 

(a)    establish or provide for the establishment of the International Registry;

 

(b)    except as otherwise provided by the Protocol, appoint and dismiss the Registrar;

 

(c)    ensure that any rights required for the continued effective operation of the International Registry in the event of a change of Registrar will vest in or be assignable to the new Registrar;

 

(d)    after consultation with the Contracting States, make or approve and ensure the publication of regulations pursuant to the to the Protocol dealing with the operation of the International Registry;

 

(e)    establish administrative procedures through which complaints concerning the operation of the International Registry can be made to the Supervisory Authority;

 

(f)     supervise the Registrar and the operation of the International Registry;

 

(g)    at the request of the Registrar, provide such guidance to the Registrar as the Supervisory Authority thinks fit;

 

(h)    set and periodically review the structure of fees to be charged for the services and facilities of the International Registry;

 

(i)     do all things necessary to ensure that an efficient notice‐based electronic registration system exist to implement the objectives of this Convention and the Protocol; and

 

(j)     report periodically to Contracting States concerning the discharge of its obligations under this Convention and the Protocol.

 

  1. The Supervisory Authority may enter into any agreement requisite for the performance of its functions, including any agreement referred to in Article 27 (3).

 

  1. The Supervisory Authority shall own all proprietary rights in the databases and archives of the International Registry.

 

  1. The Registrar shall ensure the efficient operation of the International Registry and perform the functions assigned to it by this Convention, the protocol and the regulations.

 

CHAPTER V

 

Other Matters Relating To Registration

 

ARTICLE 18

 

Registration Requirements

 

  1. The Protocol and regulations shall specify the requirements, including the criteria for the identification of the object‐

 

(a)    for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 20);

 

(b)    for making searches and issuing search certificates, and, subject thereto;

 

(c)    for ensuring the confidentiality of information and documents of the International Registry other than information and documents relating to a registration.

 

  1. The Registrar shall not be under a duty to enquire whether a consent to registration under Article 20 has in fact been given or is valid.

 

  1. Where an interest registered as a prospective international interest becomes an international interest, no further registration shall be required provided that the registration information is sufficient for registration of an international interest.

 

  1. The Registrar shall arrange for registrations to be entered into the International Registry data base and made searchable in chronological order of receipt, and the file shall record the date and time of receipt.

 

  1. The Protocol may provide that a Contracting State may designate an entity or entities in its territory as the entry point or entry points through which the information required for registration shall or may be transmitted to the International Registry. A Contracting State making such a designation may specify requirements, if any, to be satisfied before such information is transmitted to the International Registry.

 

ARTICLE 19

 

Validity and Time of Registration

 

  1. A registration shall be valid only if made in conformity with Article 20.

 

  1. A registration, if valid, shall be completed upon entry of the required information into the International Registry database so as to be searchable.

 

  1. A registration shall be searchable for the purpose of the preceding paragraph at the time when the International Registry has assigned to it a sequentially ordered the number; and the registration information, including the number, is stored in durable form and may be accessed at the International Registry.

 

  1. If an interest first registered as a prospective international interest becomes an international interest, that international interest shall be treated as registered from the time of registration of the prospective international interest provided that the registration was still current immediately before the international interest was constituted as provided by Article 7.

 

  1. The preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest.

 

  1. A registration shall be searchable in the International Registry data base according to the criteria prescribed by the Protocol.

 

ARTICLE 20

 

Consent to Registration

 

  1. An international interest, a prospective international interest or an assignment or prospective assignment of an international interest maybe registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other.

 

  1. The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated.

 

  1. A registration may be discharged by or with the consent in writing of the party in whose favour it was made.

 

  1. The acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee.

 

  1. A registrable non‐consensual right or interest may be registered by the holder thereof.

 

  1. A notice of a national interest may be registered by the holder thereof.

 

ARTICLE 21

 

Duration of Registration

 

Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration.

 

ARTICLE 22

 

Searches

 

  1. Any person may, in the manner prescribed by the Protocol and regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein.

 

  1. Upon receipt of a request therefore, the Registrar, in the manner prescribed by the Protocol and regulations, shall issue a registry search certificate by electronic means with respect to any object ‐

 

(a)    stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or

(b)    stating that there is no information in the International Registry relating thereto.

 

  1. A search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest in the object but shall not indicate whether what is registered is an international interest or a prospective international interest, even if this is ascertainable from the relevant registration information.

 

ARTICLE 23

 

List of Declarations and Declared Nonconsensual Rights or Interests

The Registrar shall maintain a list of declarations, withdrawals of declaration, and of the categories of non‐consensual right or interest communicated to the Registrar by the Depository as having been declared by Contracting States in conformity with Article 39 and 40 and the date of each such

declaration or withdrawal of declaration. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in the Protocol and regulations to any person requesting it.

 

ARTICLE 24

 

Evidentiary Value or Certificates

 

A document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof that

it has been so issued; and of the facts recited in it, including the date and time of registration.

 

ARTICLE 25

 

Discharge of Registration

 

  1. Where the obligations secured by a registered security interest or the obligations giving rise to a registered non‐consensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.

 

  1. Where a prospective international interest or a prospective assignment of an international interest has been registered, the intending assignee shall, without undue delay, procure the discharge of the registration after written demand by the intending debtor or assignor which is delivered to or received at its address stated in the registration before the intending creditor or assignee has given value or incurred a commitment to give value.

 

  1. Where the obligations secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.

 

  1. Where a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor delivered to or received at its address stated in the registration.

 

ARTICLE 26

Access to the International Registration Facilities

No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter.

 

CHAPTER VI

 

Privileges and Immunities of the Supervisory Authority and the Registrar

 

ARTICLE 27

 

Legal Personality; Immunity

 

  1. The Supervisory Authority shall have international legal personality where not already possessing such personality.

 

  1. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal or administrative process as is specified in the Protocol.

 

  1. (a) The supervisory Authority shall enjoy exemption from taxes and such other privileges as may be provided by agreements with the host State.

(b)    For the purpose of this paragraph, “host state” means the State in which the Supervisory Authority is situated.

 

  1. The assets, documents, databases and archives of the International Registry shall be inviolable and immune from seizure or other legal or administrative process.

 

  1. For the purposes of any claim against the Registrar under Article 28 (1) or Article 44, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim.

 

  1. The Supervisory Authority may waive the inviolability and immunity conferred by paragraph 4.

 

CHAPTER VII

 

Liability of the Registrar

 

ARTICLE 28

 

Liability and Financial Assurance

  1. The Registrar shall be liable for compensatory damages for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of an inevitable and irresistible nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operation, including those related to back‐up and systems security and networking.

 

  1. The Registrar shall not be liable under the preceding paragraph for factual in accuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstances for which the registrar and its officers and employees are not responsible and arising prior to receipt of registration information at the International Registry.

 

  1. Compensation under paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to that damage.

 

  1. The Registrar shall procure insurance or a financial guarantee covering the liability referred to in this Article to the extent determined by the Supervisory Authority, in accordance with the Protocol.

 

CHAPTER VIII

 

Effects of an International Interest as Against Third Parties

 

ARTICLE 29

 

Priority of Competing Interests

 

  1. A registered interest has priority over interest subsequently registered and over; an unregistered interest.

 

  1. The priority of the first‐mentioned interest under the preceding paragraph applies

 

(a)    even if the first‐mentioned interest was acquired or registered with actual knowledge of the other interest; and

(b)    even as regards value given by the holder of the first‐mentioned interest with such knowledge.

 

  1. The buyer of an object acquires its interest in it

(a)    subject to an interest registered at the time of its acquisition of that interest; and

(b)    free from an unregistered interest even if it has actual knowledge of such an interest.

 

  1. The conditional buyer or lessee acquires its interest in or right over that object

 

(a)    subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and

 

(b)    free from an interest not so registered at that time even if it has actual knowledge of that interest.

 

  1. The priority of competing interests or rights under this Article may be varied by agreement between the holders of those interests, but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.

 

  1. Any priority given by this Article to an interest in an object extends to proceeds.

 

  1. This Convention‐

 

(a)    does not affect the rights of a person in an item, other than an object, held prior to its installation on an object if under the applicable law those rights continue to exist after the installation:; and

(b)    does not prevent the creation of rights in an item, other than an object, which has previously been installed on an object where under the applicable law those rights are created.

 

ARTICLE 30

 

Effects of Insolvency

 

  1. In insolvency proceedings against the debtor an international interest is effective if prior to the commencement of the insolvency proceedings that interest was registered in conformity with this Convention.

 

  1. Nothing in this Article impairs the effectiveness of an international interest in the insolvency proceedings where that interest is effective under the applicable law.
  2. Nothing in this Article affects‐

 

(a)    any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors; or

(b)    any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator.

 

CHAPTER IX

 

Assignments of Associated Rights and International Interests; Rights of Subrogation

 

ARTICLE 31

 

Effects of Assignment

 

  1. Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 32 also transfers to the assignee the related international interest; and all the interests and priorities of the assignor under this Convention.

 

  1. Nothing in this Convention prevents a partial assignment of the assignor’s associated rights. In the case of such a partial assignment the assignor and assignee may agree as to their respective rights concerning the related international interest assigned under the preceding paragraph but not so as adversely to affect the debtor without its consent.

 

  1. Subject to paragraph 4, the applicable law shall determine the defences and rights of set‐off available to the debtor against the assignee.

 

  1. The debtor may at any time by agreement in writing waive all or any of the defences and rights of setoff referred to in the preceding paragraph other than defences arising from fraudulent acts on the part of the assignee.

 

  1. In the case of an assignment by way of security, the assigned associated rights revest in the assignor, to the extent that they are still subsisting, when the obligations secured by the assignment have been discharged.

 

ARTICLE 32

 

Formal Requirements for Assignment

 

  1. An assignment of associated rights transfers the related international interest only if it

(a)    is in writing;

(b)    enables the associated rights to be identified under the contract from which they arise; and

(c)    in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with the Protocol but without the need to state a sum or maximum sum secured.

 

  1. An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights also are assigned.

 

  1. This Convention does not apply to an assignment of associated rights which is not effective to transfer the related international interest.

 

ARTICLE 33

 

Debtor’s Duty to Assignee

 

  1. To the extent that associated rights and the related international interest have been transferred in accordance with Articles 31 and 32, the debtor in relation to those rights and that interest is bound by

the assignment and has a duty to make payment or give other performance to the assignee, if but only if‐

 

(a)    the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and

 

(b)    the notice identifies the associated rights.

 

  1. Irrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph.

 

  1. Nothing in this Article shall affect the priority of competing assignments.

 

ARTICLE 34

 

Default Remedies in respect of Assignment by Way of Security

In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 8, 9 and 11 to 14 apply in the relations between the assignor and the assignee (and in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references‐

 

(a)    to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment;

 

(b)    to the chargee or creditor and charger or debtor were references to the assignee and assignor;

 

(c)    to the holder of the international interest were references to the assignee; and

 

(d)    to the object were references to the assigned associated rights and the related international interest.

 

ARTICLE 35

 

Priority of Competing Assignments

 

  1. Where there are competing assignments of associated rights and at least one of the assignment includes the related international interest and is registered, the provisions of Article 29 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment.

 

  1. Article 30 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest.

 

ARTICLE 36

 

Assignee’s Priority with respect to Associated Rights

  1. The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 35 (1) over another assignee of the associated rights‐

 

(a)    if the contract under which the associated rights arise states that they are secured by or associated with the object; and

(b)    to the extent that the associated rights are related to an object.

 

  1. For the purpose of subparagraph (b) of the preceding paragraph, associated rights are related to an object only to the extent that they consist of rights to payment or performance that relate to:

 

(a)    a sum advanced and utilised for the purchase of the object;

(b)    a sum advanced and utilised for the purpose of another object in which the assignment hold another international interest if the assignor transferred that interest to the assignee and the assignment has been registered;

 

(c)    the price payable for the object;

(d)    the rentals payable in respect of the object; or other obligations arising from a transaction referred to in any of the preceding paragraphs.

 

  1. In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law.

 

ARTICLE 37

 

Effects of Assignors Insolvency

 

The provisions of Article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.

 

ARTICLE 38

 

Subrogation

 

  1. Subject to paragraph 2, nothing in this Convention affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law.

 

  1. The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.

 

CHAPTER X

 

Rights or Interests Subject to Declarations by Contracting States

 

ARTICLE 39

 

Rights having Priority without Registration

 

  1. A Contracting State may at any time, in a declaration deposited with the Depository of the Protocol declare, generally or specifically‐

 

(a)    those categories of non‐consensual rights or interest (other than a right or interest to which Article 40 applies) which under that State’s law have priority over an interest in an object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and

 

(b)    that nothing in this Convention shall affect the right of a State entity, intergovernmental organization or other private provider of public services to arrest or detain an object under the law of that State for payment of amounts owed to such entity, organization or provider directly relating to those services in respect of that object or another object.

 

  1. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration.

 

  1. A non‐consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest.

 

  1. Notwithstanding the preceding paragraph, a contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under subparagraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession.

ARTICLE 40

 

Registrable Nonconsensual Rights or Interests

 

A Contractual State may at any time in a declaration deposit with the Depository of the Protocol list the categories of non‐consensual right or interest which shall be registrable under this Convention as regards any category of object as if the right or interest were an international interest and shall be registered accordingly. Such a declaration may be modified from time to time.

 

CHAPTER XI

 

Application of the Convention to Sales

 

ARTICLE 41

 

Sale and Prospective Sale

 

This Convention shall apply to the sale or prospective sale of an object as provided for in the Protocol with any modifications therein.

 

CHAPTER XII

 

Jurisdiction

 

ARTICLE 42

 

Choice of Forum

 

  1. Subject to Articles 43 and 44, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties.

 

  1. Any such agreement shall be in writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum.

 

ARTICLE 43

 

Jurisdiction under Article 13

  1. The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under Article 13 (1) (a), (b), (c) and Article 13 (4) in respect of that object.

 

  1. Jurisdiction to grant relief under Article 13(1)(d) or other interim relief by virtue of Article 13 (4) may be exercised either by the courts chosen by the parties; or bby the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State.

 

  1. A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 13 (1) will or may take place in a court of another Contracting State or by arbitration.

 

ARTICLE 44

 

Jurisdiction to make Orders against the Registrar

 

  1. The courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award damages or make orders against the Registrar.

 

  1. Where a person fails to respond to a demand made under Article 25 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration.

 

  1. Where a person fails to comply with an order of a court having jurisdiction under this Convention or, in the case of a national interest, an order of a court of competent jurisdiction requiring that person to procure the amendment or discharge of a registration, the courts referred to in paragraph I may direct the Registrar to take such steps as will give effect to that order.

 

  1. Except as otherwise provided by the preceding paragraphs, no court may make orders or give judgments or ruling against or purporting to bind the Registrar.

 

ARTICLE 45

Jurisdiction in respect of Insolvency Proceedings

 

The provisions of this Chapter are not applicable to insolvency proceedings.

 

CHAPTER XIII

 

Relationship with other Conventions

 

ARTICLE 45

 

Relationship with the United Nations Convention on the Assignment of Receivables in International Trade

This Convention shall prevail over the United Nations Convention on the Assignment of Receivables in International Trade, opened for signature in New York on 12 December 2001, as it relates to the assignment of receivables which are associated rights related to international interests in aircraft object, railway rolling stock and space assets.

 

ARTICLE 46

Relationship with the UNIDROIT Convention on International Finance Leasing

 

The Protocol may determine the relationship between this Convention and the UNIDROIT Convention on International Finance Leasing, signed at Ottawa on 28 May 1988.

 

CHAPTER XIV

 

Final Provisions

 

ARTICLE 47

 

Signature, Ratification, Acceptance, Approval or Accession

 

  1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, the Convention shall be open to all States for signal the Headquarters of International Institute for the Unification of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article 49.

 

  1. This Convention shall be subject to ratification, acceptance or approval by States which have signed it.
  2. Any State which does not sign this Convention may accede to it at any time.

 

  1. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to

that effect with the Depository.

 

ARTICLE 48

 

A Regional Economic Integration Organizations

 

  1. A Regional Economic Integration Organization which is constituted by soviet States and has competence over certain matters governed by this Convention similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organization shall in that case have the rights and obligations of a Contracting State, to the extent that the Organization has competence over matters governed by this Convention. Where the number of Contracting States is relevant in this Convent the Regional Economic Integration Organization shall not count as a Contracting State in addition to its Member States which are Contracting States.

 

  1. The Regional Economic Integration Organization shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depository specifying matters governed by this Convention in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integral Organization shall promptly notify the Depository of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.

 

  1. Any reference to a “Contracting State” or “Contracting States” or “State Party or “States Parties” in this Convention applies equally to a Regional Economic Integrate Organization where the context so requires.

 

ARTICLE 49

 

Entry into Force

 

  1. This Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of the third instrument ratification, acceptance, approval or accession but only as regards a category of object to which a Protocol applies‐

(a)    as from the time of entry into force to that Protocol;

(b)    subject to the terms of that Protocol; and

(c)    as between States Parties to this Convention and that Protocol.

 

  1. For other States this Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of their instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies and subject, in relation to such Protocol, to the requirements of sub‐paragraphs (a), (b) and (c) or the preceding paragraph.

 

ARTICLE 50

 

Internal Transactions

 

  1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that this Convention shall not apply to a transaction which is an internal transaction in relation to that State with regard to all types of objects or some of them.

 

  1. Notwithstanding the preceding paragraph, the provisions of Articles 8 (4), 9 (1), 16, Chapter V, Article 29, and any provisions of this Convention relating to registered interest shall apply to an internal transaction.

 

  1. Where notice of a national interest has been registered in the International Registry, the priority of the holder of that interest under Article 29 shall not be affected by the fact that such interest has become vested in another person by assignment or subrogation under the applicable law.

 

ARTICLE 51

 

Future Protocols

 

  1. The Depository may create working groups, in cooperation with such relevant “non‐governmental organizations as the Depository considers appropriate, to assess the feasibility of extending the application of this Convention, through one or more Protocols, to objects of any category of high‐value mobile equipments, other than a category referred to in Article 2(3), each member of which is uniquely identifiable, and associated rights relating to such objects.
  2. The Depository shall communicate the text of any preliminary draft Protocol relating to a category of objects prepared by such a working group to all States Parties to this Convention, all member States of the Depository, member States of the United Nations which are not members of the Depository and the relevant intergovernmental organizations, and shall invite such States and organizations to participate in intergovernmental negotiations for the completion of a draft Protocol on the basis of such a preliminary draft Protocol.

 

  1. The Depository shall also communicate the text of any preliminary draft Protocol prepared by such a working group to such relevant non‐governmental organizations as the Depository considers appropriate. Such non‐governmental organizations shall be invited promptly to submit comments on the text of the preliminary draft Protocol to the Depository and to participate as observers in the preparation of a draft Protocol.

 

  1. Where the competent bodies of the Depository adjudge such a draft Protocol ripe for adoption, the Depository shall convene a diplomatic conference for its adoption.

 

  1. Once such a Protocol has been adopted, subject to paragraph 6, this Convention shall apply to the category of objects covered thereby.

 

  1. Article 45 bis of this convention applies to such a Protocol only if specifically provided for in that Protocol.

 

ARTICLE 52

 

Territorial Units

 

  1. If a Contracting State has territorial units in which different systems of law are applicable in relation to the matters dealt within this Convention, it may, at the time of ratification, acceptance, approval, or accession, declare that this Convention is to extend Wall its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.

 

  1. Any such declaration shall state expressly the territorial units to which this Convention applies.

 

  1. If a Contracting State has not made any declaration under paragraph 1, this Convention shall apply to all territorial units of that State.
  2. Where a Contracting State extends this Convention to one of its territorial units, declarations permitted under this Convention may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.

 

  1. If by virtue of a declaration under paragraph 1, this Convention extends to one or more territorial units of a Contracting State‐

 

(a)    the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which this Convention applies or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which this Convention applies;

 

(b)    any reference to the location of the object in a Contracting State refers to the location of the object in a territorial unit to which this Convention applies; and

 

(c)    any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which this Convention applies.

 

ARTICLE 53

 

Determination of Courts

 

A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare the relevant “court” or “courts” for the purposes of Article 1 and Chapter XII of this Convention.

 

ARTICLE 54

 

Declarations Regarding Remedies

 

  1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that while the charged objects is situated within, or controlled from its territory the chargee shall not grant a lease of the objects in that territory.

 

  1. A Contracting State shall, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare whether or not any remedy available to the creditor under any provisions of this Convention which is not there expressed to require application to the court may be exercised only with

leave of the court.

 

ARTICLE 55

 

Declaration regarding Relief pending Final Determination

 

A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will not apply the provisions of Article 13 or Article 43, or both, wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied.

 

ARTICLE 56

 

Reservations and Declaration

 

  1. 1. No reservations may be made to this Convention but declarations authorized by Articles 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60 may be in accordance with these provisions.

 

  1. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depository.

 

ARTICLE 57

Subsequent Declarations

 

  1. A State Party may make a subsequent declaration, other than a declaration authorized under Article 60, at any time after the date on which this convention has entered into force for it, by notifying the Depository to that effect.

 

  1. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depository.

 

  1. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.

ARTICLE 58

 

Withdrawal of Declarations

 

  1. Any State Party having made a declaration under this Convention, other than a declaration authorized under Article 60, may withdraw it at anytime by notifying the Depository. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository.

 

  1. Notwithstanding the previous paragraph, this Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawal.

 

ARTICLE 59

 

Denunciations

 

  1. Any State Party may denounce this Convention by notification in writing to the Depository.

 

  1. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which notification is received by the Depository.

 

  1. Notwithstanding the previous paragraphs, this convention shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.

 

ARTICLE 60

 

Transitional Provisions

 

  1. Unless otherwise declared by a Contracting State at anytime, the Convention does not apply to a preexisting right or interest, which retains the priority it enjoyed under the applicable law before the effective date of this Convention.

 

  1. For the Purpose of Article 1(v) and of determining priority under this Convention‐

(a)    “effective date of this Convention” means in relation to a debtor the time when this Convention enters into force or the time when the State in which the doctor is situated becomes a Contracting State whichever is the later; and

(b)    the debtor is situated in a State where it has its centre of administration or, if it has no centre of administration, its place of business or, if it has more than one place of business, its principal place of business or if it has no place of business, its habitual residence.

 

  1. A Contracting State may in its declaration under paragraph I specify a date, not earlier than three years after the date on which the declaration becomes effective, when this Convention and the Protocol will become applicable, for the purpose of determining priority, including the protection or any existing priority, to pre‐existing rights or interests arising under an agreement made at a time when the debtor was situated in a State referred to in sub‐paragraph (b) of the preceding paragraph but only to the extent and in the manner specified in its declaration.

 

ARTICLE 61

 

Review Conferences, Amendments and Related Matters

 

  1. The Depository shall prepare reports yearly or at such other time as the circumstances may require for the States Parties as to the manner in which the international regimen established in this Convention has operated in practice. In preparing such reports, the Depository shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.

 

  1. At the request of not less than twenty‐five per cent of the States Parties, Review Conferences of State Parties shall be convened from time to time by the Depository, in consultation with the supervisory Authority, to consider

 

(a)    the practical operation of this Convention and its effectiveness in facilitating the asset‐base financing and leasing of objects covered by its terms;

(b)    the judicial interpretation given to, and the application made of the terms of this Convention and regulations;

 

(c)    the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and

(d)    whether any modifications to this Convention or the arrangements relating to the International Registry are desirable.

 

  1. Subject to paragraph 4, any amendment to this Convention shall be approved by at least a two‐thirds majority of States Parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect or States which have ratified, accepted or approved such amendment when ratified, accepted or approved by three States in accordance with the provisions of Article 49 relating to its entry into force.

 

  1. Where the proposed amendment to this Convention is intended to apply to more than one category of equipments, such amendment shall also be approved by at least a two‐thirds majority of States Parties to each Protocol that are participating in the Conference referred to in paragraph 2.

 

ARTICLE 62

 

Depository and its Functions

 

  1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT), which is hereby designated the Depository.

 

  1. The Depository shall‐

 

(a)    inform all Contracting States of‐

(i)     each new signature or deposit of an instrument of ratification acceptance, approval or accession, together with the date thereof;

(ii)    the date of entry into force of this Convention;

(iii)    each declaration made in accordance with this Convention, together with the date thereof;

(iv)   the withdrawal or amendment of any declaration, together with the date thereof; and

(v)    the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect;

 

(b)    transmit certified true copies of this Contention to all Contracting States;

 

(c)    provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and

 

(d)    perform such other functions customary for depositories.

 

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.

DONE at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all exists being equally authentic, such authenticity to take effect upon verification by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.

_________________________

 

B ‐ Protocol to the Convention on International Interest in Mobile Equipment

On Matters specific to Aircraft Equipment.

 

THE STATES PARTIES TO THIS PROTOCOL,CONSIDERING it necessary to implement the Convention of International Interest in Mobile Equipment

(hereinafter referred to as “the Convention”) as it relates to aircraft equipment, in the light of the purposes set out in the preamble to the Convention;

 

MINDFUL of the need to adapt the Convention to meet the particular requirement of aircraft finance and to extend the sphere of application of the Convention to include contracts of sale of aircraft equipment;

 

MINDFUL of the principles and objectives of the Convention on International Civil Aviation, signed at Chicago on 7 December, 1944;

 

HAVE AGREED upon the following provisions relating to aircraft equipments:

 

CHAPTER 1

 

Sphere of Application and General Provisions

 

ARTICLE 1

 

Defined Terms

 

  1. In this Protocol, except where the context otherwise requires, terms used in it have the meanings set out in the Convention.
  2. In this Protocol the following terms are employed with the meanings set out below‐

 

(a)    “aircraft” means aircraft as defined for the purpose of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters;

 

(b)    “aircraft engines” means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and

(i)     in the case of jet propulsion aircraft engines, have at least 1750 1b of thrust or its equivalent; and

(ii)    in the case of turbine‐powered or piston‐powered aircraft engines, have at least 550 rated take‐off shaft horse power or its equivalent,

together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto;

 

(c)    “aircraft objects” means airframes, aircraft engines and helicopters;

 

(d)    “aircraft register” means a register maintained by a State or a common mark registering authority for the purposes of the Chicago Convention;

 

(e)    “airframes” means airframes (other than those used in military, custom or police services that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport;

(i)     at least eight (8) persons including crew; or

(ii)    goods in excess of 2750 kilograms,

(iii)    together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto;

 

(f)     “authorized party” means the party referred to in Article XIII (3);

 

(g)    “Chicago Convention” means the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, as amended, and its Annexes;

 

(h)    “common mark registering authority” means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December, 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies;

 

(i)     “deregistration of the aircraft” means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention;

 

(j)     “guarantee contract” means a contract entered into by a person as guarantor;

 

(k)    “guarantor” means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance;

 

(l)     “helicopters” means heavier‐than‐air machines (other than those used in military, customs, or police services) supported in flight chiefly by the reactions of the air on one or more power‐driven rotors on substantially vertical axis and which are type certified by the competent aviation authority to transport

(i)     at least the (5) persons including crew; or

(ii)    goods in excess of 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data manuals and records relating thereto;

 

(m)   “insolvencyrelated event” means

(i)     the commencement of the insolvency proceedings; or

(ii)    the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against debtor or to exercise remedies under the Convention is prevented or suspended by law or State action;

 

(n)    “primary insolvency jurisdiction” means the Contracting State in which the centre of the debtor’s main interest is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise :

 

(o)    “registry authority” means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and deregistration of an aircraft in accordance with the Chicago Convention; and

(p)    “state of registry” means in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register.

 

ARTICLE II

 

Application of Convention as regards Aircraft Objects

 

  1. The Convention shall apply in relation to aircraft objects as provided by the terms of this Protocol.

 

  1. The Convention and this Protocol shall be known as the Convention on International Interests in Mobile Equipment as applied in aircraft objects.

 

ARTICLE III

 

Application of Convention to sales

 

The following provisions of the Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, the debtor and the creditor were references to a sale, a prospective sale, the seller and the buyer respectively:

 

Article 3 and 4;

Article 16 (1) (a);

Article 19 (4);

Article 20 (1) (as regards registration of a sale or a prospective sale);

Article 25 (2) (as regards a prospective sale); and

Article 30.

 

In addition, the general provisions of Article l, Article 5, Chapter IV to VII, Article 29 (other than Article 29 (3) which is replaced by Article XIV (1) and (2), Chapter X, Chapter XII (other than Article 43), Chapter XIII and Chapter XIV (other than Article 60) shall apply to contracts of sale and prospective sales.

 

ARTICLE IV

 

Sphere of Application

 

  1. Without prejudice to Article 3 (i) of the Convention, the Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement.

 

  1. For the purposes of the definition of “internal transaction’ in Article I of the Convention

(a)    an airframe is located in the State of registry of the aircraft of which it is a part;

(b)    an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and

(c)    a helicopter is located in its State of registry, at the time of the conclusion of the agreement creating or providing for the interest.

 

  1. The parties may, by agreement in writing, exclude the application of Article XI and, in their relations with each other, derogate from or vary the effect of any of the provisions of this Protocol except Article IX (2)‐(4).

 

ARTICLE V

 

Formalities, Effects and Registration of Contracts of Sale

 

  1. For the purposes of this Protocol, a contract of sale is one which is in writing; relates to an aircraft object of which the seller has power to dispose; and enables the aircraft object to be identified in conformity with this Protocol.

 

  1. A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms.

 

  1. Registration of contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until expiry of the period, if any, specified in the registration.

 

ARTICLE VI

 

Representative Capacities

A person may enter into an agreement for a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative ‐ capacity. In such case, that person is entitled to assert rights and interests under the Convention.

 

ARTICLE VII

 

Description of Aircraft Objects

 

A description of an aircraft object that contains its manufacturer’s serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the object for the purposes of Article 7 (c) of the Convention and Article V (1) (c) of this Protocol.

 

ARTICLE VIII

 

Choice of Law

 

  1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).

 

  1. The parties to an agreement, or a contract of sale, or a related guarantee contract or subordination agreement may agree on the law which is to govern their contractual rights and obligation, wholly or in

part.

 

  1. Unless otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties is to the domestic rules of law of the designated State or, where that State comprises several territorial units, to the domestic law of the designated territorial unit.

 

CHAPTER II

 

Default Remedies, Priorities and Assignments

 

ARTICLE IX

 

Modification of Default Remedies Provisions

 

  1. In addition to the remedies specified in Chapter III of the Convention, the creditor may, to the extent that the debtor has at any time so agreed find in the circumstances specified in that Chapter‐

 

(a)    procure the de‐registration of the aircraft; and

(b)    procure the export and physical transfer of the aircraft object from the territory in which it is situated.

  1. The creditor shall not exercise the remedies specified in the preceding paragraph without the prior consent in writing of the holder of any registered interest ranking in priority to that of the creditor.

 

  1. Article 8 (3) of the Convention shall not apply to aircraft objects. Any remedy given by the Convention in relation to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonable.

 

  1. A chargee giving ten or more working days’ prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing “reasonable prior notice” specified in Article 8 (4) of the Convention. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice.

 

  1. The registry in a contracting state shall, subject to any applicable safety laws and regulations, honour a request for de‐registration and export if‐

 

(a)    the request is properly submitted by the authorized party under a recorded irrevocable deregistration and export request authorization; and

 

(b)    the authorized party certifies to the registry authority, if required by that authority, that all registered interests ranking in priority to that of the creditor in whose favour the authorization has been issued have been discharged or that the holders of such interests have consented to the de‐registration and export.

 

  1. A chargee proposing to procure the de‐registration and export of an aircraft under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed de‐registration and export to

 

(a)    interested persons specified in Article 1(m) (i) and (ii) of the Convention; and

(b)    interested persons specified in Article 1(m) (iii) of the Convention who have given notice of their rights to the chargee within a reasonable time prior to the de‐registration and export.

 

ARTICLE X

Modification of Provisions regarding Relief pending Final Determination

 

  1. This Article applies only where a Contracting State has made a declaration under Article XXX (2) and to the extent stated in such declaration.

 

  1. For the purposes of Article 13 (1) of the Convention, “speedy” in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made.

 

  1. Article 13 (1) of the Convention applies with the following being added immediately after subparagraph (d)‐ “(e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom”, and Article 43 (2) applies with the insertion after the words “Article 13 (i) (d)” of it word “and (e)”.

 

  1. Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 29 of the Convention.

 

  1. The creditor and the debtor or any other interested person may agree in writing to exclude the application of Article 13 (2) of the Convention.

 

  1. With regard to the remedies in Article IX (1)‐

 

(a)    they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State not later than five working days after the creditor notifies such authorities that the relief specified in Article (X )(I ) is granted or, in the case of relief granted by a foreign court, recognised by a court of that Contracting State, and that the creditor is entitled to procure those remedies in accordance with the Convention; and

 

(b)    the applicable authorities shall expeditiously cooperate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.

 

  1. Paragraphs 2 and 6 shall not affect any applicable aviation safety laws and regulations.

 

ARTICLE XI

 

Remedies on Insolvency

 

  1. This Article applies only where a Contracting State that is the primary insolvency jurisdiction has made a declaration pursuant to Article XXX (3). Alternative A

 

  1. Upon the occurrence of an insolvency‐related event, the insolvency administrator of the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the creditor no later than the earlier of the end of the waiting period; and the date on which the creditor would be entitled to possession of the aircraft object if this Article did not apply.

 

  1. For the purposes of this Article, the “waiting period” shall be the period specified in a declaration of the Contracting State which is the primary insolvency Jurisdiction.

 

  1. References in this Article to the “insolvency administrator” shall be to that person in its official, not in its personal, capacity.

 

  1. Unless and until the creditor is given the opportunity to take possession finder paragraph 2‐

(a)    the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and

(b)    the creditor shall be entitled to apply for any other forms of interim relief available under the applicable law.

 

  1. Sub‐paragraph (a) of the preceding paragraph shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value.

 

  1. The insolvency administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other than a default constituted by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations.

 

  1. With regards to the remedies in Article IX (1)‐

(a)    they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, not later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with the Convention; and

 

(b)    the applicable authorities shall expeditiously cooperate with and assist the creditor in the exercise of such remedies in conformity with applicable aviation safety laws and regulations.

 

  1. No exercise of remedies permitted by the Convention or this Protocol may be prevented or delayed after the date specified in paragraph 2.

 

  1. No obligations of the debtor under the agreement may be modified without consent of the creditor.

 

  1. Nothing in the preceding paragraph shall be construed to affect the authority, if any, of the insolvency administrator under the applicable: law to terminate the cement.

 

  1. No rights or interests except for non‐consensual rights or interests of a category covered by a declaration pursuant to Article 39 (1), shall have priority in insolvency proceedings over registered interests.

 

  1. The Convention as modified by Article IX of this Protocol shall apply to the exercise of any remedies under this Article.

 

Alternative B

 

  1. Upon the occurrence of an insolvency‐related event, the insolvency administrator or the debtor, as applicable, upon the request of the creditor, shall give notice to the creditor within the time specified in

a declaration of a Contracting State pursuant to Article XXX (3) whether it will‐

 

(a)    cure all defaults other than a default constituted by the opening of insolvency, proceedings and agree to perform all future obligations, under the agreement related transaction documents; or

 

(b)    give the creditor the opportunity to take possession of the aircraft in accordance with the applicable law.

 

  1. The applicable law referred to in sub‐paragraph (b) of the preceding paragraph may permit the court to require the taking of any additional step or the provision of any additional guarantee.

 

  1. The creditor shall provide evidence of its claims and proof that its international interest has been registered.

 

  1. If the insolvency administrator or the debtor, as applicable, does not give notice in conformity with paragraph 2, or when the insolvency administrator or the debtor has declared that it will give the creditor the opportunity to take possession of the aircraft object but fails to do so, the court may permit the creditor to take possession of the aircraft object upon such terms as the court may order and may require the taking of any additional step or the provision of any additional guarantee.

 

  1. The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest.

 

ARTICLE XII

 

Insolvency Assistance

 

  1. This article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).

 

  1. The courts of a Contracting State in which an aircraft object is situated shall in accordance with the law of the Contracting State, co‐operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out provisions of Article XI.

 

ARTICLE XIII

 

DeRegistration and Export Request Authorization

 

  1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).

 

  1. Where the debtor has issued an irrevocable de‐registration and export request authorization substantially in the form annexed to this Protocol and has submitted such authorization for recordation to the registry authority, that authorization shall be so recorded.

 

  1. The person in whose favour the authorization has been issued (the “authorized party”) or its certified designee shall be the sole person entitled to exercise the remedies specified in Article IX (1) and may do so only in accordance with the authorization and applicable aviation safety laws and regulations. Such authorization may not be revoked by the debtor without the consent in writing of the authorized party. The registry authority shall remove an authorization from the registry at the request of the authorized party.

 

  1. The registry authority and other administrative authorities in Contracting States shall expeditiously cooperate with and assist the authorized party in the exercise of the remedies specified in Article IX.

 

ARTICLE XIV

 

Modification of Priority Provisions

 

  1. A buyer of an aircraft object under a registered sale acquires its interest in that object free from an interest subsequently registered and from an unregistered interest, even if the buyer has actual knowledge of the unregistered interest.

 

  1. A buyer of an aircraft object acquires its interest in that object subject to an interest registered at the time of its acquisition.

 

  1. Ownership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft.

 

  1. Article 29 (7) of the Convention applies to an item, other than an object, installed on an airframe, aircraft engine or helicopter.

 

ARTICLE XV

 

Modification of Assignment Provisions

 

Article 33 (1) of the Convention applies as if the following were added immediately after sub‐paragraph (b)‐“ and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee.”.

 

ARTICLE XVI

 

Debtor Provisions

  1. In the absence of a default within the meaning of Article 11 of the Convention, the debtor shall be entitled to the quiet possession and use of the object in accordance with the agreement as against‐

 

(a)    its creditor and the holder of any interest from which the debtor takes free pursuant to Article 29 (4) of the Convention or, in the capacity of buyer, Article XIV (1) of this Protocol, unless and to the extent that the debtor has otherwise agreed; and

 

(b)    the holder of any interest to which the debtor’s right or interest is subject pursuant to Article 29 (4) of the Convention, or in the capacity of buyer, Article XIV (2) of this Protocol, but only to the extent, if any, that such holder has agreed.

 

  1. Nothing in the Convention or this Protocol affects the liability of a creditor for any breach of the agreement under the applicable law in so far as that agreement relates to an aircraft object.

 

CHAPTER III

 

Registry Provisions relating to International Interests in Aircraft Objects

 

ARTICLE XVII

 

The Supervisory Authority and the Registrar

 

  1. The Supervisory Authority shall be the international entity designated by a Resolution adopted by the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol.

 

  1. Where the international entity referred to in the preceding paragraph is not able and willing to act as Supervisory Authority, a Conference of Signatory and Contracting States shall be convened to designate another Supervisory Authority.

 

  1. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise.

 

  1. The Supervisory Authority may establish a commission of experts, from among persons nominated by Signatory and Contracting States and having the necessary, qualifications and experience, and entrust it with the task of assisting the Supervisory Authority in the discharge of its functions.

 

  1. The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of this Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular five‐yearly intervals by the Supervisory Authority.

 

ARTICLE XVIII

 

First Regulations

 

The first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of this Protocol.

 

ARTICLE XIX

 

Designated Entry Points

 

  1. Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.

 

  1. A designation made under the preceding paragraph may permit, but not compel, use of a designated entry point or entry points for information required for registrations in respect of aircraft engines.

 

ARTICLE XX

 

Additional Modifications to Registry Provisions

 

  1. For the purposes of Article 19 (6) of the Convention, the search criteria for an aircraft object shall be the name of its manufacturer, its manufacturer’s serial number and its model designation, supplemented as necessary to ensure uniqueness. Such supplementary information shall be specified in the regulations.

 

  1. For the purposes of Article 25 (2) of the Convention and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an

international interest or the person in whose favour a prospective sale has been registered shall take such steps as are within its power to procure the discharge of the registration no later than five working days after receipt of the demand described in such paragraph.

 

  1. The fees referred to in Article 17 (2) (h) of the Convention shall be determined so as to recover the reasonable costs of establishing, operating and regulating the International Registry and the reasonable costs of the Supervisory Authority associated with the performance of the functions, exercise of the powers, and discharge of the duties contemplated by Article 17 (2) of the Convention.

 

  1. The centralised functions of the International Registry shall be operated and administered by the Registrar on a twenty‐four hours basis. The various entry points shall be operated at least during working hours in their respective territories.

 

  1. The amount of the insurance or financial guarantee referred to in Article 28(4) of the Convention shall, in respect of each event, not be less than the maximum value of an aircraft object as determined by the Supervisory Authority.

 

  1. Nothing in the Convention shall preclude the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liable under Article 28 of the Convention.

 

CHAPTER IV

 

Jurisdiction

 

ARTICLE XXI

 

Modification of Jurisdiction Provisions

 

For the purposes of Article 43 of the Convention and subject to Article 42 of the Convention, a court of a Contracting State also has jurisdiction where the object is a helicopter or an airframe pertaining to an aircraft, for which that State is the State of registry.

 

ARTICLE XXII

 

Waver of Sovereign Immunity

 

  1. Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of courts specified in Article 42 or Article 43 of the Convention or relating to enforcement of rights and interests relating to an aircraft object under the Convention shall be binding and, if the conditions to such jurisdiction or enforcement have been satisfied shall be effective to confer jurisdiction and permit enforcement, as the case may be.

 

  1. A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object.

 

CHAPTER V

 

Relationship with other Conventions

ARTICLE XXIII

 

Relationship with the Convention on the International Recognition of Rights in Aircraft

 

The Convention shall, for a Contracting State that is a party to the Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June, 1948 supersede that Convention as it relates to aircraft, as defined in this Protocol, and to aircraft objects. However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded.

 

ARTICLE XXIV

 

Relationship with the Convention for the Unification of Certain Rules relating to the Precautionary

 

Attachment of Aircraft

 

  1. The Convention shall, for a contracting State that is a Party to the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft, signed at Rome on 29 May, 1933 supersede that Convention as it relates to aircraft, as defined in this Protocol.

 

  1. A Contracting State Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to this Protocol, that it will not apply to this Article.

 

ARTICLE XXV

Relationship with the UNIDROIT Convention on International Financial Leasing

 

The Convention shall supersede the UNIDROIT Convention on International Financial Leasing, signed at Ottawa on 28 May, 1988 as it relates to aircraft objects.

 

CHAPTER VI

 

Final Provisions

 

ARTICLE XXVI

 

Signature, Ratification, Acceptance, Approval or Accession

 

  1. This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment and an Aircraft Protocol held at Cape Town from 29 October to 16 November, 2001. After 16 November, 2001, this Protocol shall be open to all States for signature at the Headquarters of the International Institute for the Unification of the Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article XXVIII.

 

  1. This Protocol shall be subject to ratification, acceptance or approval by States which have signed it.

 

  1. Any State which does not sign this Protocol may accede to it at anytime.

 

  1. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depository.

 

  1. A State may not become a Party to this Protocol unless it is or becomes also a Party to the Convention.

 

ARTICLE XXVII

 

Regional Economic Integration Organizations

 

  1. A Regional Economic Integration Organization which is constituted by sovereign States and has competence over certain matters governed by this Protocol may similarly sign, accept, approve, or accede to this Protocol. The Regional Economic Integration Organization shall in that case have the rights and obligations of Contracting State, to the extent that Organization has competence over matters governed by this Protocol. Where the number of Contracting States is relevant in the Protocol, the Regional Economic Integration Organization shall not count as Contracting State in addition to its Member States which are Contracting States.

 

  1. The Regional Economic Integration Organization shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depository specifying the matters governed by this Protocol in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integration Organization shall promptly notify the Depository of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.

 

  1. Any reference to a “Contracting State” or “Contracting States” or “State Party” or “States Parties” in this Protocol applies equally to Regional Economic Integration Organization where the context so

requires.

 

ARTICLE XXVIII

 

Entry into Force

 

  1. This Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of the eight instruments of ratification, acceptance, approval or accession, between the States which have deposited such instruments.

 

  1. For other States this Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.

 

ARTICLE XXIX

 

Territorial Units

  1. If a Contracting State has units in which different systems of law are applicable in relation to the matters dealt with in this Protocol, it may, at the time of ratification, acceptance, approval or accession, declare that this Protocol is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.
  2. Any such declaration shall state expressly the territorial units to which this Protocol applies.

 

  1. If a Contracting State has not made any declaration under paragraph 1, this Protocol shall apply to all territorial units of that State.

 

  1. Where a Contracting State extends this Protocol to one or more of its territorial units, declarations permitted under this Protocol may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.

 

  1. If by virtue of a declaration under paragraph l, this protocol extends to one or more territorial units of a Contracting State‐

 

(a)    the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which the Convention and this Protocol apply or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which the Convention and this Protocol apply;

 

(b)    any reference to the location of the object in a Contracting State refers to the location of the object in a territorial unit to which the Convention and this Protocol apply; and

 

(c)    any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which the Convention and this Protocol apply and any reference to the national register or to the registry authority in that Contracting State shall be construed as referring to the aircraft register in force or to the registry authority having jurisdiction in the territorial unit or units to which the Convention and this Protocol apply.

 

ARTICLE XXX

 

Declaration relating to Certain Provisions

 

  1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply any one or more of Articles VIII, XII and XIII of this Protocol.

 

  1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply Article X of this Protocol, wholly or in part. If it so declares with respect to Article X(2), it shall specify the time period required thereby.

 

  1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply the entirety of Alternative A, or the entirety of Alternative B of Article XI and, if so, shall specify the types of insolvency proceedings, if any, to which it will apply Alternative A and the types of insolvency proceedings, if any, to which it will apply Alternative B. A Contracting State making a declaration pursuant to this paragraph shall specify the time‐period required by Article XI.

 

  1. The courts of Contracting States shall apply Article XI in conformity with the declaration made by the Contracting State which is the primary insolvency jurisdiction.

 

  1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will not apply the provisions of Article XXI wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms e interim relief will be applied.

 

ARTICLE XXXI

 

Declarations under the Convention

 

Declarations made under the Convention, including those made under Article 39,40,50,53,54,55,57,58, and 60 of the Convention, shall be deemed to have also been made under this Protocol unless stated otherwise.

 

ARTICLE XXXII

 

Reservations and Declarations

 

  1. No reservations may be made to this Protocol but declarations authorized by Articles XXIV, XXIX, XXX, XXXI, XXXIII, and XXXIV may be made in accordance with these provisions.

 

  1. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Protocol shall be notified in writing to the Depository.

 

ARTICLE XXXIII

 

Subsequent Declarations

 

  1. A State Party may make a subsequent declaration, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, at any time after the date on which this Protocol has entered into force for it, by notifying the Depository to that effect.

 

  1. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository. Where a longer period for that declaration to take effect is specified on the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depository.

 

  1. Notwithstanding the previous paragraphs, the Protocol shall continue to apply, as if no such subsequent declarations have been made in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.

 

ARTICLE XXXIV

 

Withdrawal of Declarations

 

  1. Any State Party having made a declaration under this Protocol, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, may withdraw it at any time by notifying the Depository. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository.

 

  1. Notwithstanding the previous paragraph, this Protocol shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interest arising prior to the effective date of any such withdrawal.

 

ARTICLE XXXV

 

Denunciations

  1. Any State Party may denounce this Protocol by notification in writing to the Depository.

 

  1. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the Depository.

 

  1. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.

 

ARTICLE XXXVI

 

Review Conferences, Amendments and Related Matters

 

  1. The Depository, in consultation with the Supervisory Authority, shall prepare reports yearly, or at such time as the circumstances may require, for the States Parties as to the manner in which the international regime established in the Convention as amended by this Protocol has operated in practice. In preparing such reports, the Depository shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.

 

  1. At the request of not less than twenty‐five percent of the States Parties, Review Conferences of the States Parties shall be convened from time to time by the Depository, in consultation with the Supervisory Authority, to consider‐

 

(a)    the practical operation of the Convention as amended by this Protocol and its effectiveness in facilitating the asset‐based financing and leasing of the objects covered by its terms;

 

(b)    the judicial interpretation given to, and the application made of the terms of this Protocol and the regulations;

 

(c)    the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and

 

(d)    whether any modifications to this Protocol or the arrangements relating to the International Registry are desirable.

  1. Any amendment to this Protocol shall be approved by at least a two‐third majority of States Parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when it has been ratified, accepted or approved by eight States in accordance with the Provisions of Article XXVIII relating to its

entry into force.

 

ARTICLE XXXVII

 

Depository and its Functions

 

  1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT), which is hereby designated the Depository.

 

  1. The Depository shall‐

 

(a)    inform all Contracting States of‐

(i)     each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;

(ii)    the date of entry into force of this Protocol;

(iii)    each declaration made in accordance with this Protocol, together with the date thereof;

(iv)   the withdrawal or amendment of any declaration, together with the date thereof; and

(v)    the notification of any denunciation of this Protocol together with the date thereof and the date on which it takes effect;

 

(b)    transmit certified true copies of this Protocol to all Contracting States;

 

(c)    provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and

 

(d)    perform such other functions customary for depositories.

 

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Protocol.

DONE at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.

 

ANNEX

 

FORM OF IRREVOCABLE DE‐REGISTRATION AND EXPORT REQUEST AUTHORISATION

 

Annex Referred to in Article XIII

 

(Insert Date)

 

To: (Insert Name of Registry Authority)

Re: Irrevocable De‐Registration and Export Request Authorization

The undersigned is the registered [operator] (owner)* of the [insert the airframe/ helicopter manufacturer’s name and model number] bearing manufacturer’s

 

* Select the term that reflect the relevant nationality registration criterion.

serial number [insert manufacturer’s serial number] and registration [number] [mark] [insert registration number/mark] (together with all installed, incorporated or attached accessories, parts and equipment, the “aircraft”).

 

This instrument is an irrevocable de‐registration and export request authorization issued by the undersigned in favour of [insert name of creditor] (“the authorized party”) under the authority of Article

XIII of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment.

 

In accordance with that Article, the undersigned hereby requests‐

 

(i)     recognition that the authorized party or the person it certifies as its designee is the sole person entitled to ‐

 

(a)    procure the deregistration of the aircraft from the [insert name of aircraft register] maintained by the [insert name of registry authority] for the purposes of Chapter III of the Convention on International Civil Aviation, signed at Chicago, on 7 December, 1944; and

 

(b)    procure the export and physical transfer of the aircraft from (insert name of country); and

 

(ii)    confirmation that the authorized party or the person it certifies as designee may take the action specified in clause (i) above on written demand without the consent of the undersigned and that, upon

such demand, the authorities in [insert name of country] shall co‐operate with the authorized party with a view to the speedy completion of such action. The rights in favour of the authorized party established by this instrument may not be revoked by the undersigned without the written consent of the authorized party.

 

Please acknowledge your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument in (insert name of registry authority).

 

[insert name of operator/owner]

_____________________________________ _____________________________________

agreed to and lodged this by: [insert name of signatory]

[insert date] its: [insert title of signatory]

________________________________________

[insert relevant notational details]

________________________

 

SIXTH SCHEDULE

 

[Section 3 (4).]

 

Supplementary Provisions relating to the Board, etc

 

  1. Subject to this Act and section 27 of the Interpretation Act, Cap 192 LFN 1990, the Board may make standing orders regulating its proceedings or those of any of its committees.

 

  1. At every meeting of the Board, the Chairman shall preside and in his absence the members present at the meeting shall appoint one of their members to preside at the meeting.

 

  1. The quorum at a meeting of the Board shall consist of the Chairman or, in an appropriate case, the person presiding at the meeting pursuant to paragraph 2 of this Schedule, and three other members of the Board, two of whom shall be ex officio members.

 

  1. The Board shall, for the purposes of this Act, meet not less than three times in each year and, subject thereto, the Board shall meet whenever it is summoned by the Chairman, and if required to do so, by notice given to him by not less than four other members, he shall summon a meeting of the Council to be held within 14 days from the date on which the notice is given.
  2. Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him to the Board for such period as it deems fit, but a person who is a member by virtue of this subparagraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

 

Committees

 

6.(1)         Subject to its standing orders, the Board may appoint such number of standing and ad‐hoc Committee as it thinks fit to consider and report any matter with which the authority is concerned.

 

(2)    A committee appointed under this paragraph shall‐

 

(a)    consist of such number of persons (not necessarily members of the Board) as may be determined by the Board, and a person, other than a member of the Board, shall hold office on the committee in accordance with the terms of his appointment; and

 

(b)    be presided over by a member of the Board.

 

(3)    The quorum of any committee set up by the Board shall be as may be determined by the Board.

 

(4)    A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.

 

Miscellaneous

 

  1. The Fixing of the seal of the Authority shall be authenticated by the signature of the Chairman, the Director‐General or any other person generally or specifically authorized by the Board to act for that

purpose.

 

  1. Any contract or instrument which, if made by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Authority by the Director‐General or by any other person generally or specially authorized by the Board to act for that purpose.

 

  1. Any document purporting to be a contract, instrument, or other document duly signed or sealed on behalf of the Authority shall be received in evidence an shall, unless the contrary is proved, be presumed without further proof to have been s signed or sealed.
  2. The validity of any proceedings of the Board or of any of its committee shall not be affected by;

 

(a)    any vacancy in the membership of the Board, or Committee; or

 

(b)    any defect in the appointment of a member of the Board or Committee; or

(c)    reason that any person not entitled to do so took part in the proceedings o the Board or Committee.

 

  1. A member of the Board or a Committee who has a personal interest in ant contract or arrangement entered into or proposed to be considered by the Board a such Committee shall forthwith disclose his interest to the Board and shall not vote or any question relating to the contract or arrangement.

 

  1. No member of the Board shall be personally liable for any act or omission done or made in good faith while engaged in the business of the Authority.

 

 

CHAPTER C13

 

CIVIL AVIATION ACT

 

SUBSIDIARY LEGISLATION

 

List of Subsidiary Legislation

 

  1. Civil Aviation (Air Transport) (Licensing) Regulations.

 

  1. Civil Aviation (Fees) Regulations.

 

  1. Civil Aviation (Aircraft Performance) Regulations.

 

  1. Civil Aviation (Births, Deaths, and Missing Persons) Regulations.

 

  1. Civil Aviation Rules of the Air and Air Traffic Control.

 

  1. Civil Aviation (Investigation of Accidents) Regulations.

 

  1. Civil Aviation (Air Navigation) Regulations.

 

CIVIL AVIATION (AIR TRANSPORT) (LICENSING) REGULATIONS

 

ARRANGEMENT OF REGULATIONS

PART I

 

General

 

REGULATION

 

  1. Short title.

 

  1. Interpretation.

 

PART II

 

Licences for scheduled journeys

 

  1. Application of Part II.

 

  1. Restriction of operation of aircraft without licence.

 

  1. Power of the Minister to grant a licence.

 

  1. Application of First Schedule.

 

  1. Period of licence.

 

  1. Power of the Minister to grant a provisional licence.

 

  1. Publication of the decisions of the Minister.

 

  1. Revocation or suspension of licence.

 

  1. Surrender of licence.

 

PART III

 

Permits for flights other than scheduled journeys

 

  1. Application of Part III.

 

  1. Restriction of the operation of aircraft without a permit.

 

  1. Power of the Minister to grant a permit.

 

  1. Application of the Third Schedule.

 

  1. Revocation or suspension of permits.

 

PART IV

General provisions

 

  1. Conditions of licences or permits.

 

  1. Licence or permit not to be transferred.

 

  1. Publication of applications.

 

  1. Objections.

 

  1. Matters to be considered before the granting of licence or permit.

 

  1. Attachment of conditions.

 

  1. Holder of licence to make returns.

 

  1. No right to continuance of benefits of licence or permit.

 

  1. Fees payable for a licence or permit.

 

  1. Reference to include provisional licence.

 

  1. Offences by officers of the body corporate.

 

SCHEDULES

 

FIRST SCHEDULE

 

Applications for licences

 

SECOND SCHEDULE

 

Publication of decisions

 

THIRD SCHEDULE

 

` Applications for permits

 

CIVIL AVIATION (AIR TRANSPORT) (LICENSING) REGULATIONS

 

under section 24

[Commencement.] [1st December, 1965]

 

PART I

 

General

 

  1. Short title

 

These Regulations may be cited as the Civil Aviation (Air Transport) (Licensing) Regulations.

 

  1. Interpretation

 

(1)    In these Regulations, unless the context otherwise requires‐

 

“air service” means any service performed by any aircraft for hire or reward:

 

Provided that a member of a club carried in an aircraft belonging to the club for the purpose of instruction in flying shall not, if the instructor is also a member of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage;

 

“licence” means a licence granted under regulation 5 of these Regulations;

 

“Minister” means the Minister charged with responsibility for matters relating to civil aviation;

 

“permit” means a permit granted under regulation 14 (1) of these Regulations;

 

“provisional licence” means a licence granted under regulation 8 of these Regulations;

 

“provisional permit” means a permit granted under regulation 14 (2) of these Regulations;

 

“Federal Gazettemeans the Official Gazette of the Federal Republic of Nigeria;

 

“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it.

 

(2) The Interpretation Act shall apply for the purpose of the interpretation of these Regulations as it applies for the purpose of the interpretation of an Act of the National Assembly.

 

[Cap. 123.]

 

PART II

 

Licences for scheduled journeys

 

  1. Application of Part II

 

This Part shall not apply to the carriage of passengers, mail or cargo by air for hire or reward upon journeys other than scheduled journeys.

 

  1. Restriction of operation of aircraft without a licence

 

(1)    Subject to the provisions of these Regulations, it shall not be lawful for any person to use any aircraft in Nigeria for the carriage of passengers, mail or cargo for hire or reward upon any scheduled journey between two places of which at least one is in Nigeria, except under and in accordance with the provisions of a licence or a provisional licence.

 

(2)    Any person who uses any aircraft in contravention of the provisions of this regulation shall be liable in the case of a first offence to a fine not exceeding one thousand naira or to imprisonment for a term not exceeding three months or to both such fine and imprisonment, and in the case of a second or subsequent offence to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

 

(3)    Nothing in this regulation shall restrict the right of a designated Nigerian Airline or any air transport undertaking having its principal place of business in any country outside Nigeria, to provide transport for passengers, mail or cargo‐

 

(a)    in accordance with the terms of any agreement for the time being in force between the Government of the Federal Republic of Nigeria and the government of that country; or

(b)    in accordance with the terms of any permission granted by the Minister pending the completion of negotiations for such an agreement as aforesaid.

 

  1. Power of the Minister to grant a licence

 

(1)    The Minister may grant to any person applying therefore a licence to use in Nigeria, for the carriage of passengers, mail or cargo for hire or reward, such aircraft, on such scheduled journeys, subject to such conditions as may be specified respectively in the licence.

 

(2)    It shall be a condition of every licence that‐

 

(a)    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‐

 

(i)     refuse booking facilities to any other holder of a licence; or

 

(ii)    shall afford such facilities to such other holder only on terms less favourable to that holder than the terms which are enjoyed by the first‐mentioned holder;

 

(b)    the holder of the licence shall perform all such reasonable services as the Minister may from time to time require in regard to the conveyance of mails (and of any person who may be in charge thereof) upon journeys made under the licence; that the remuneration for any such services shall be such as may be from time to time determined by agreement between the Minister and the holder of the licence; and that any dispute, difference or question which may arise as to the remuneration to be paid to the licence holder in respect of such services or as to the rights, duties or liabilities of the licence holder or the Minister in relation to any of the matters referred to in this subparagraph (b) shall in default of agreement be referred to arbitration in pursuance of the provisions of the Arbitration and Conciliation Act, or of any enactment modifying or replacing the same.

 

(3)    Any licence may if the Minister thinks fit be limited to the carriage of passengers or to the carriage of cargo.

 

  1. Application of First Schedule

 

The provisions set out in the First Schedule to these Regulations shall have effect in relation to applications for licences.

 

  1. Period of licence

 

The Minister may grant licences to remain in force for such period as he may in each case determine, commencing on the date on which the licence is expressed to take effect:

 

Provided that if, on the date of the expiration of a licence (herein referred to as the expiring licence), an application to the Minister by the holder of the expiring licence is pending for the grant of a new licence in substitution for or in continuance of the expiring licence, the expiring licence shall continue in force until such application is granted or refused.

 

  1. Power of the Minister to grant a provisional licence

 

(1)    The Minister may if he thinks fit, pending the determination of an application for a licence, or a negotiation for a bilateral agreement, grant to the applicant a provisional licence to use in Nigeria for the carriage of passengers, mail or cargo for hire or reward such aircraft, on such scheduled journeys (being journeys of a kind to which the application relates), subject to such conditions as may be specified respectively in such provisional licence.

 

(2)    Any provisional licence so granted shall remain in force until the application is determined but on such determination shall come to an end.

 

(3)    Any provisional licence may, if the Minister thinks fit, be limited to the carriage of passengers or to carriage of cargo.

 

  1. Publication of decision of the Minister

 

The Minister shall cause to be published in the manner prescribed in the Second Schedule to these Regulations such particulars of his decisions on applications for licences and of his decisions to revoke or suspend a licence as are prescribed in the said Second Schedule.

 

  1. Revocation or suspension of licence

 

(1)    Subject to the provisions of this regulation, the Minister may revoke or suspend a licence if‐

 

(a)    the holder of the licence has, since the licence was granted, been convicted of an offence against regulation 4 or 13 of these Regulations; or

(b)    where the holder of the licence is a body corporate, any officer of that body corporate, has, since the licence was granted, been convicted, in his capacity as such officer, of an offence against regulation 4 or 13 of these Regulations; or

 

(c)    any condition subject to which the licence was granted has not been complied with.

 

(2)    If the Minister proposes to revoke or suspend any licence on the ground specified in paragraph (1) (c) of this regulation, the Minister shall‐

 

(a)    first give written notice to the holder of the licence specifying the conditions which it is alleged have not been complied with, and the occasions on which and the respects in which it is alleged that the same were not complied with;

 

(b)    not proceed to revoke or suspend the licence until after the expiration of 28 days from the date of such notice;

 

(c)    not in any event revoke or suspend the licence unless he is satisfied, after holding an enquiry if the holder of the licence within seven days after the date of the aforesaid notice by written notice requires the Minister to hold such enquiry, that, by reason of the number of occasions on which such conditions or any of them, have not been complied with or the circumstances that any non‐compliance with any such condition was wilful, the licence ought to be revoked or suspended.

 

(3) The expression “officer” in this regulation means a director, general manager, secretary or other similar officer, and includes any person who purports to act in any such capacity.

 

  1. Surrender of licence

 

A licence may at any time be surrendered by the holder to the Minister for cancellation; and if, during the currency of a licence, the holder applies to the Minister for a new licence in substitution for the current licence, he shall, if a new licence is granted, surrender the current licence for cancellation on the date from which the new licence is expressed to take effect.

 

PART III

 

Permits for flights other than scheduled journeys

  1. Application of Part III

 

This Part shall not apply to the carriage of passengers, mail or cargo by air for hire or reward on

scheduled journeys.

 

  1. Restriction of the operation of aircraft without permit

 

(1)    Subject to the provisions of these Regulations, it shall not be lawful for any person to use in Nigeria any aircraft for the provision of any air service except under, and in accordance with the conditions of, a permit or a provisional permit.

 

(2)    Any person who uses any aircraft in contravention of the provisions of this regulation shall be liable on conviction, in the case of a first offence, to a fine not exceeding five hundred naira or to imprisonment for a term not exceeding three months or to both such fine and imprisonment, and, in the case of a second or subsequent offence, to a fine not exceeding four thousand naira or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

 

(3)    Nothing in this regulation shall affect the right of any person to use in Nigeria an aircraft registered in a State (other than Nigeria) which is for the time being a party to the Convention on Civil Aviation signed at Chicago on 7 December, 1944, for the sole purpose of the carriage of passengers, none of whom are taken on or discharged from the aircraft in Nigeria or the carriage of cargo or mail, none of which is taken on or discharged from the aircraft in Nigeria.

 

  1. Power of the Minister to grant a permit

 

(1)    The Minister may grant to any person applying therefore, a permit to use in Nigeria such aircraft for the provision of such air services (other than services such as are referred to in paragraph (1) of regulation 4 of these Regulations), for such period and on such conditions as may be specified respectively in the permit.

 

(2)    The Minister may if he thinks fit, pending the determination of an application for a permit, grant to the applicant a provisional permit to use in Nigeria such aircraft, for the provision of such air services (being services of a kind to which the application relates and in respect of which a permit can be granted under paragraph (1) of this regulation), subject to such conditions as may be specified respectively in the provisional permit; and any provisional permit so granted shall remain in force until the application is determined but, on such determination, shall come to an end.

 

  1. Application of the Third Schedule

 

The provisions set out in the Third Schedule to these Regulations shall have effect in relation to an application for permits.

 

  1. Revocation or suspension of permits

 

(1)    The Minister may revoke or suspend any permit if‐

(a)    the holder of the permit has, since the permit was granted, been convicted of an offence against regulation 4 or 13 of these Regulations; or

 

(b)    where the holder of the permit is a body corporate, any officer of that body corporate has, since the permit was granted, been convicted, in his capacity as such officer, of an offence against regulation 4 or 13 of these Regulations; or

 

(c)    the holder of the permit has failed to comply with any condition subject to which the permit was granted.

 

(2)    The expression “officer” in this regulation means a director, general manager, secretary or other similar officer and includes any person who purports to act in any such capacity.

 

PART IV

 

General provisions

 

  1. Condition of licences or permits

 

It shall be a condition of every licence or permit that the requirements of any law or instrument having the force of law, for the time being in force in Nigeria, relating to air navigation or air transport shall be complied with at all times during the currency of the licence or permit in connection with all journeys made under the licence or permit.

 

  1. Licence or permit not to be transferred

 

A licence or permit shall not be capable of being transferred or assigned:

Provided that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or permit, or of the appointment of a receiver or manager or trustee in relation to

the business of the holder of a licence or permit, the person for the time being carrying on that business shall, if within fourteen days of his commencing so to do he makes application to the Minister for a new

licence or permit in respect of the services authorised by the existing licence or permit, be entitled to provide the air services authorised by the existing licence or permit subject to the conditions thereof, until the application is determined.

 

  1. Publication of applications

 

(1)    Subject to the provisions of this regulation, the Minister shall cause to be published in the Gazette a notice giving such particulars of any application for a licence or permit received by him as he may consider necessary, and specifying a date, not less than 28 days after the publication of the notice, by which any representations or objections may be made to the Minister, in the manner provided by regulation 20 of these Regulations, with respect to the application by any interested person and the Minister shall not proceed to determine any application until after the date so specified in relation thereto.

 

(2)    If an application is made to the Minister for a licence or permit to remain in force for a period not exceeding thirty days and it appears to the Minister that it is in the public interest that such application should be determined with expedition the Minister may proceed to determine the application notwithstanding that paragraph (1) of this regulation has not been complied with; and in any such case the provisions of the said paragraph (1) shall not apply in relation to such application.

 

  1. Objections

 

(1)    Every representation or objection with regard to an application for a licence or a permit shall be in writing and must be signed by the objector, or, if the representation or objection is made by any corporate body it shall be signed by any person duly authorised in that behalf by such body.

 

(2)    Every representation or objection shall state the specific grounds on which it is based and shall specify any conditions which it is desired should be attached to the licence or permit if granted.

 

  1. Matters to be considered before the granting of licence or permit

 

The Minister shall, in determining any application for a licence or a permit, have regard generally to the desirability of co‐ordinating and developing air services with the object of ensuring the most effective service to the public while avoiding uneconomic overlapping of services and to the interests of the

public, including those of persons requiring or likely to require air services as well as those of persons providing such services, and shall in particular have regard to such of the following matters as may be appropriate having regard to the nature of the application‐

 

(a)    the existing or potential need or demand for any air service proposed;

 

(b)    the existence of other air services in the area in or through which the proposed services are to be operated;

 

(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;

 

(d)    the period for which such services have been operated by the applicant or by other operators;

 

(e)    the extent to which it is probable that the applicant will be able to provide a satisfactory service in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency;

 

(f)     the financial resources of the applicant;

 

(g)    the type of aircraft proposed to be used;

(h)    the remuneration and general conditions of employment of aircraft and other personnel employed by the applicant;

(i)     and there shall be taken into consideration objections or representations duly made in accordance with the provisions of these Regulations, provided that the Minister shall not be required to consider any objection or representation which in his view is frivolous or vexatious.

 

  1. Attachment of conditions

 

The Minister may attach such conditions to any licence or permit as he thinks fit having regard to the nature and circumstances of the applications in respect of which the permit is granted and may vary, suspend or add to any such conditions so attached from time to time by notice in writing to the holder of such licence or permit.

 

  1. Holder of licence to make return

 

Without prejudice to the generality of regulation 22 of these Regulations, the conditions which may be attached to any licence or permit shall include‐

 

(a)    conditions relating to the furnishing, by the holder of the licence or permit, to the Minister of Information in respect of any air services provided under the licence or permit and relating to the time within which such particulars shall be furnished; and

 

(b)    conditions as to the fares, freight or other charges to be charged by the holder of the licence or permit in respect of any air service provided thereunder.

 

  1. No right to continuance of benefits of licence or permit

 

Nothing in these Regulations shall confer upon the holder of a licence or permit or upon any other person any right to the continuance of any benefits arising from the provisions of these Regulations or from any licence or permit granted thereunder or from any conditions attached to any such licence or

permit.

 

  1. Fees payable for a licence or permit

 

(1)    Upon the grant of any licence or permit the person to whom the same is granted shall pay to the Minister, on the day on which the licence or permit is expressed to take effect, a fee of twenty naira in respect of each year or part of a year of the period for which the licence or permit is expressed to remain in force.

 

(2)    Upon the grant of any provisional licence or provisional permit the person to whom the same is granted shall pay to the Minister on the day on which such licence or permit is expressed to take effect a fee of four naira.

 

(3)    No refund of any fee paid in respect of the grant of a licence or permit or a provisional licence or permit shall be made on the surrender of the licence or permit or otherwise, save where a licence or permit is surrendered before its normal date of expiry upon the grant of a new licence or permit, in substitution for the surrendered licence or permit, authorising a service over the same route, in which case there shall be refunded the sum of twenty naira for each full year of the unexpired period of the licence or permit but the holder shall in addition to the normal fee for the new licence or permit pay an additional fee of four naira.

 

  1. Reference to include provisional licence

 

Any reference in regulations 17, 22, 23 or 24 of these Regulations to a licence or a permit shall unless the context otherwise requires be construed as including a reference to a provisional licence or a provisional permit, as the case may be.

 

  1. Offences by officers of the body corporate

 

Where an offence against these Regulations has been committed by a body corporate, every person who, at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the

circumstances.

 

SCHEDULES

 

FIRST SCHEDULE

 

  1. Applications for licences shall be made in writing to the Minister and shall be addressed to‐ The Minister, Ministry of Aviation, Abuja.

 

  1. Every application for a licence shall be signed by the person applying for the licence and if made by any corporate body shall be signed by a person duly authorised in that behalf by such body.

 

  1. Every application for a licence shall be sent to the Minister, Ministry of Aviation, so as to reach him on a date not less than eight weeks before the date on which it is desired that the licence shall take effect:

 

Provided that an application for a licence may, in the discretion of the Minister, be accepted and dealt with notwithstanding that this paragraph has not been complied with.

 

  1. Application for licences shall contain the following initial particulars‐

 

(a)    the name and address of the applicant;

 

(b)    the places between which passengers or goods are to be carried;

 

(c)    the places at which intermediate landings are to be made for the purpose of loading or landing passengers or goods;

 

(d)    the times and frequency of the service;

 

(e)    the number and types of aircraft proposed to be used on the service;

 

(f)     whether the service is to carry passengers, goods or both;

 

(g)    the maximum fares to be charged to passengers in respect of any journey or portion of a journey for which separate fares are charged;

 

(h)    the date on which the service is to commence;

 

(i)     the period for which the licence is desired;

 

(j)     the particulars of any insurance policy held or proposed by the applicant to cover third party risks in respect of the proposed service;

 

(k)    the particulars of other services operated by the applicant at the time of the application or immediately prior to that time;

 

(l)     the particulars of working arrangements with other companies;

 

(m)   the particulars of the applicant’s business and an audited copy of the last published accounts.

 

  1. On receipt of the application, the Minister shall be entitled to request the applicant to supply such further information as he may reasonably require; and the applicant shall supply the Minister with any further information so requested by him.

 

SECOND SCHEDULE

 

Publication of decisions

 

  1. Particulars of the decisions of the Minister‐

(a)    on applications for licences; or

 

(b)    to revoke or suspend a licence, shall be published by notice in the Gazette and such notices shall contain the particulars set out in paragraph 2 of this Schedule.

 

  1. The particulars shall be‐

(a)    in the case of an application‐

 

(i)     the name and address of the applicant;

 

(ii)    a reference to the Gazette in which notice of the application was published;

(iii)    such particulars as will enable the application to be identified;

 

(iv)   an indication whether the licence was granted as applied for, granted with modifications (the modifications to be stated) or refused;

 

(b)    in the case of a revocation or suspension‐

(i)     the name and address of the applicant;

(ii)    such information as will enable the licence to be identified, including places between which passengers or goods are to be carried;

(iii)    the places at which intermediate landings are to be made for the purpose of loading or landing passengers or goods;

(iv)   the date from which revocation or suspension takes effect and, in the case of suspension, the period of suspension;

(v)    the grounds on which the licence is revoked or suspended.

 

THIRD SCHEDULE

 

Applications for permits

 

  1. Applications for permits under Part III shall be made in writing or by telegram to the Minister and shall be addressed to‐ The Minister, Ministry of Aviation, Abuja.

 

  1. Applications for permits shall contain the following initial particulars‐

(a)    the name of the operator;

(b)    the type of aircraft and registration marks;

(c)    the date and time of arrival at, and departure from, the airport or airports concerned;

(d)    the place or places of embarkation or disembarkation, in the case of passengers and freight;

(e)    the purpose of flight and number of passengers and nature and amount of freight, where applicable;

(f)     the name, address and business of the charterer, if any.

 

  1. On receipt of the application, the Minister shall be entitled to request the applicant to supply such further information as he may reasonably require, and the applicant shall supply the Minister with any further information so requested by him.

 

CIVIL AVIATION (FEES) REGULATIONS

 

ARRANGEMENT OF REGULATIONS

 

REGULATION

 

  1. Short title.

 

  1. Interpretation.

 

  1. Aircraft landing fee.

 

  1. Helicopter landing fee.

 

  1. Passengers’ fees for services.

 

  1. Powers of Minister.

 

  1. Exemption from landing fee.

 

  1. Fees for night landing.

 

  1. Minister’s power of exemption.

 

  1. Fees for services rendered on landing.

 

  1. No reduction of fees.

 

  1. Housing and parking fees.

 

  1. Licensing fees.

 

  1. Power to amend fees.

 

SCHEDULES

FIRST SCHEDULE

 

Landing fees

 

SECOND SCHEDULE

 

Airports

 

THIRD SCHEDULE

 

Accommodation fees

 

FOURTH SCHEDULE

 

Fees for certificates, licences, etc.

 

CIVIL AVIATION (FEES) REGULATIONS

 

under Regulation 78 of the Civil Aviation (Air Navigation) Regulations

[Commencement.] [1st December, 1965]

 

  1. Short title

 

These Regulations may be cited as the Civil Aviation (Fees) Regulations.

 

  1. Interpretation

 

(1)    In these Regulations‐

 

” the Air Navigation Regulations” means the Civil Aviation (Air Navigation) Regulations, and expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Regulations;

 

[L.N. 15 of 1966.]

 

“aircraft” includes military aircraft;

 

“all up weight” means the maximum total weight in force in respect of the aircraft, or if no such certificate is in force in the certificate of airworthiness last in force in respect of that aircraft, or in any other case, the maximum total weight authorised of the proto‐type or modification thereof to which the

aircraft in the opinion of the Minister conforms;

“day” means the time between sunrise and sunset, sunrise and sunset being determined at surface level;

 

“landing” means a landing at a Government airport in Nigeria;

 

“night landing” means any landing made between sunset and sunrise or any landing made at any other time when operational considerations require the provision of airport lighting;

 

“private aircraft” means an aircraft with a certificate of airworthiness which has been issued subject to the condition that the aircraft shall be flown only for purposes other than public transport or aerial work;

 

“standard landing fee” means the landing fee calculated by reference to the all up weight of the aircraft in accordance with the First Schedule to these Regulations.

 

(2) The Interpretation Act shall apply for the purpose of the interpretation of these Regulations.

 

[Cap. I23.]

 

  1. Aircraft landing fee

Subject to the provisions of these Regulations, the fee payable in respect of any landing by an aircraft shall be the standard landing fee.

 

  1. Helicopter landing fee

 

The fee payable in respect of a landing by a helicopter shall be one half of the standard landing fee

applicable to it.

 

  1. Passengers’ fees for services

 

Any passenger leaving a Government airport on an international flight shall pay a charge of five naira in respect of services provided at such airport.

 

  1. Powers of Minister

 

(1)    The Minister may‐

(a)    on application made by a bona fide flying club in respect of an aircraft belonging to it of an all up weight not exceeding 4,500 lbs. and on payment of a fee of N6;

(b)    on application made by the owner of a private aircraft of an all up weight not exceeding 3,000 lbs. and on payment of a fee of N13;

 

(c)    on application made by the owner of a private aircraft of an all up weight exceeding 3,000 lbs., but not exceeding 11,000 lbs. and on payment of a fee of N25, issue to the flying club or owner, as the case may be, in respect of such aircraft as aforesaid a landing card relating to such Government airports as may be specified in the card.

 

(2)    A landing card so issued shall remain in force for a period of one year from the date of its Issue.

 

(3)    An aircraft in respect of which a landing card has been so issued and is in force may land by day at the Government airports specified in the card without payment of any further landing charge if but only if, the aircraft is being used at the time of landings‐

 

(a)    in the case of an aircraft in respect of which a landing card has been issued under paragraph (1) (a) of this regulation, by a member of the flying club on whose application the card was issued and for a purpose other than public transport or aerial work; or

 

(b)    in the case of an aircraft in respect of which a landing card has been issued under paragraph (1) (b) or (1) (c) of this regulation, by the person on whose application the card was issued and for a purpose

other than public transport or aerial work.

 

  1. Exemption from landing fee

 

(1)    Subject to the provisions of this regulation, no landing fee shall be payable in respect of a landing by an aircraft at an airport (in this paragraph referred to as “the Government airport”) at the end of a flight in respect of which all the following conditions were satisfied‐

 

(a)    the flight began and finished at the Government airport with no intermediate landing at any other place;

(b)    the flight was undertaken solely for the purpose of testing the aircraft or its engines, instruments, radio or other equipment;

(c)    notice was given to the person in charge of the Government airport before the beginning of the flight that the flight was to be a test flight for the purpose of this regulation.

 

(2)    The provisions of paragraph (1) of this regulation shall not apply in respect of a landing by an aircraft if the next preceding landing by that aircraft was a landing to which the said paragraph (1) applied.

 

(3)    No fee shall be payable in respect of a landing by an aircraft at an airport (in this regulation referred to as “the Government airport”) if‐

 

(a)    such landing takes place within a period of one hour after the aircraft has completed a landing at the Government airport in respect of which the landing fee provided for in regulation 3 or 4 of these Regulations has become payable; and

 

(b)    the aircraft has not during the aforesaid period of one hour landed at any place other than the Government airport.

 

  1. Fees for night landing

 

There shall be payable in respect of a night landing, in addition to any other fee payable under these Regulations in respect of the landing, the following fee‐

 

(a)    in the case of a night landing by a public transport aircraft at any airport specified in the Second Schedule to these Regulations, a fee of N50 or one half of the standard landing fee applicable to the aircraft, whichever may be the less;

 

(b)    in any other case, a fee equal to one half of the standard landing fee applicable to the aircraft.

 

  1. Minister’s power of exemption

 

The Minister may in his discretion and subject to such conditions or limitations as he thinks fit, exempt from payment of any or all landing fees any of the following classes of aircraft or any aircraft of any such

class‐

 

(a)    military aircraft of the Federation of Nigeria;

(b)    military aircraft of any other State;

(c)    aircraft belonging to or employed in the service of the Government of the Federation of Nigeria, not being military aircraft;

(d)    aircraft belonging to or employed in the service of any of the State Governments of Nigeria;

(e)    aircraft belonging to or employed in the service of any other state or of any person or body entitled to diplomatic privileges.

  1. Fees for services rendered on landing

 

The landing fees provided for in these Regulations shall in the case of an airport for the time being designated as a customs airport, pursuant regulations 66 of the Air Navigation Regulations, include the use of facilities for the inward and outward clearance by customs, aircraft, passengers and passengers’ baggage, and for immigration and health facilities.

 

  1. No reduction of fees

 

Notwithstanding anything to the contrary contained in these Regulations, no reduction of landing fees shall be made by reason of the unavailability of any airport, air route facility, airway facility, or other facility whatsoever.

 

  1. Housing and parking fees

 

(1)    There shall be payable in respect of the accommodation of an aircraft at a Government airport, a fee determined in accordance with the Third Schedule to these Regulations by reference to the space occupied by the aircraft, such fee being, for each hour or part of an hour that the aircraft is accommodated in a hangar, the fee specified in the said Schedule as the housing fee, and, for each hour or part of an hour that the aircraft is accommodated otherwise than in a hangar, the fees specified therein as the parking fee:

 

Provided that, if the period between the arrival of an aircraft at a Government airport and its departure therefrom does not exceed six hours, no fee shall be payable in respect of any part of the said period during which the aircraft is accommodated otherwise than in a hangar.

 

(2)    For the purposes of this regulation and the Third Schedule to these Regulations, an aircraft shall be deemed to occupy such space as is the product of its maximum span and its maximum length.

 

[Third Schedule.]

 

(3)    The person in charge of a Government airport, or any person authorised by him for the purpose may, for reasons of safety or for any other reason which, in his absolute discretion, he may consider good and sufficient for the proper conduct and use of the airport, at any time order any aircraft on the airport to be housed in a hangar, and thereupon the fee payable in respect of the accommodation of the aircraft in a hangar shall become payable.

 

  1. Licensing fees

 

The provisions of the Fourth Schedule to these Regulations shall have effect with respect to the fees to be paid in connection with the certificates, licences, and other documents, and with examinations, tests, inspections, investigations, permissions and approvals, required by or for the purposes of the Air Navigation Regulations or any regulations made thereunder.

 

[Fourth Schedule.]

 

  1. Power to amend fees

 

The Minister may at any time by notice in the Federal Gazette, amend any of the fees specified in the

First, Third and Fourth Schedules hereto.

[First, Third and Fourth Schedules.]

 

SCHEDULES

 

FIRST SCHEDULE

 

Table of Landing Fees

 

All up weight Aircraft Charges

 

Not exceeding 11,000 lbs. (5,000 kgs) 55 kobo for each 1,100 lbs.

Exceeding 11,000 lbs. (5,000 kgs) but not exceeding 33,000 lbs. N1.10 kobo for each 2,200 ibs.

(15,000 kgs) (1,000 kgs) or part thereof

Exceeding 33,000 lbs. (15,000 kgs) but not exceeding 88,000 lbs. N1.20 kobo for each 2,200 ibs

(40,000 kgs) (1,000 kgs) or part thereof

Exceeding 88,000 lbs. (40,000 kgs) N1.40 kobo for each 2,200 lbs

(1,000 kgs) or part thereof

 

SECOND SCHEDULE

Lagos

Kano

Port Harcourt

 

THIRD SCHEDULE

Accommodation Fees

Space Occupied Housing Parking

Fee Fee

N k N k

Not exceeding 300 sq. ft …………………………………………………………………………….. 34 18

Exceeding 300 but not exceeding 500 sq. ft ……………………………………………….. 54 28

Exceeding 500 but not exceeding 700 sq. ft………………………………………………… 74 38

Exceeding 700 but not exceeding 1,000 sq. ft……………………………………………… 1.08 54

Exceeding 1,000 but not exceeding 1,500 sq. ft…………………………………………… 1.60 80

Exceeding 1,500 but not exceeding 2,000 sq. ft…………………………………………. 1.14 1.08

Exceeding 2,000 but not exceeding 3,000 sq. ft…………………………………………. 2.34 1.68

Exceeding 3,000 but not exceeding 4,000 sq. ft…………………………………………. 4.00 2.00

And where the space occupied exceeds 4,000 sq. ft. in respect of each additional

1,000 sq. ft. or part thereof …………………………………………………………… 68 34

_____________________

 

FOURTH SCHEDULE

 

Fees for certificates, licences, etc.

 

  1. Charges for air navigation facilities, etc.

 

(1)    As from the commencement of this paragraph, air navigation facilities and services shall be regulated by the following formula, that is R = T X D X P where‐

 

[S.I. 1 of 1990.]

 

(a)    R = Charge payable;

(b)    T = Unit rate;

 

(c)    D = Distance flown within Nigeria’s airspace measured in hundreds of kilometres reduced by 20 km for each take off from and each landing at airports on Nigerian territory; and

 

(d)    P = Weight factor.

 

(2)    The unit rate for any facility or service shall be‐

(a)    in the case of international flights, US $55; and

 

(b)    in the case of domestic flights, N 100.

 

  1. Certificate of registration

 

(1)    The fee to be paid for the issue of a certificate of registration for an aircraft of an all up weight of

 

(a)    under 3,000 kilograms, shall be N200;

 

(b)    3,000 kilograms but not exceeding 6,000 kilograms, shall be N500;

(c)    6,000 kilograms but not exceeding 15,000 kilograms, shall be N1,000;

 

(d)    15,000 kilograms but not exceeding 50,000 kilograms, shall be N2,000;

 

(e)    50,000 kilograms and above, N4,000.

 

(2)    An additional fee of N2,000 shall be payable if an applicant requests for a special registration mark which is out of sequence.

 

  1. Reservation of registration mark

 

(1)    A person who applies for the reservation of a registration mark shall pay‐

(a)    in the case of an aircraft of less than 3,000 kilograms in weight, a fee of N100; and

 

(b)    in the case of an aircraft of any other weight, a fee of N200.

 

(2)    A reservation under sub‐paragraph (1) of this paragraph shall be for a period of 6 months or part thereof and may be renewed for further periods of 6 months or parts thereof.

 

  1. Aircraft spare parts stockist’s certificate

 

(1)    A person who applies for a dealer’s or aircraft spare parts stockist’s certificate shall pay a fee of N 250.

 

(2)    A certificate under sub‐paragraph (1) of this paragraph shall be for a period of one year and may be renewed from year to year.

 

  1. Registration of aircraft mortgage

 

(1)    A person who applies for the registration of the mortgage of an aircraft shall pay‐

 

(a)    on the first N100,000 secured by the mortgage, a fee of N20 for each complete N10,000;

(b)    on the next N900,000 secured by the mortgage, a fee of N20 for each N100,000 or part thereof; and

(c)    thereafter, a fee of N20 for each N1,000,000 or part thereof,

so however that the minimum fee payable under this sub‐paragraph shall be N60 and the maximum shall be N1,000.

 

(2)    Where the application under sub‐paragraph (1) of this paragraph‐

 

(a)    does not specify the amount of the mortgage, the fee shall be N1,000;

 

(b)    is made for a mortgage for more than one aircraft, the applicant shall pay the fee as set out in subparagraph (1) or (2) of this paragraph, as the case may be, for the first aircraft and a fee of N60 for each

additional aircraft.

 

  1. Permit for an aircraft to fly without certificate of airworthiness

 

A person who applies for a permit to fly an aircraft within Nigeria in pursuance of paragraph (e) of regulation 4 (1) of the Air Navigation Regulations 1965, shall pay‐

 

(a)    in respect of any investigation required in connection with the application, a fee of an amount equivalent to the cost of making the investigation; and

 

(b)    for the issue of the permit‐

(i)     a fee of N250 for an aircraft with an all up weight not exceeding 2,730 kilograms; and

(ii)    a fee of N500 for an aircraft with an all up weight exceeding 2,730 kilograms.

 

  1. Certificate of airworthiness

 

(1)    A person who applies for an initial issue of a certificate of airworthiness in pursuance of regulation(1) of the Air Navigation Regulations 1965, shall pay‐

 

[L.N. 15 of 1966.]

 

(a)    in respect of any investigation required in connection with the application, a fee of an amount equivalent to the cost of making the investigation but not exceeding N40,000 taking into account paragraph 33 of this Schedule, where applicable;

 

(b)    for the issue of the certificate‐

(i)     in the case of a glider with a maximum weight not exceeding 1,000 kilograms, a fee of N200;

(ii)    in the case of a glider with a maximum weight not exceeding 1,000 kilograms, a fee of N250;

(iii)    in the case of a balloon, a fee of N350;

(iv)   in the case of an aircraft, other than a glider, balloon or helicopter with a maximum weight not exceeding 2,730 kilograms, for the first 1,000 kilograms N350 and for every additional 500 kilograms or part thereof, a fee of N50;

(v)    in the case of a helicopter with a maximum all up weight not exceeding 2,730 kilograms, for the first 1,000 kilograms, a fee of N400 and for every additional 500 kilograms or part thereof, a fee of N60;

(vi)   in the case of a helicopter with a maximum all up weight exceeding 2,730 kilograms, for the first 1,000 kilograms, a fee of N500, and for every additional 500 kilograms or part thereof, a fee of N70;

(vii)   in the case of an aircraft not within the categories specified in sub‐paragraphs (1) (b) (i) to (1) (b) (vi) of this paragraph, for the first 1,000 kilograms, a fee of N800 and for every additional 500 kilograms or part thereof, a fee of N80.

 

(2)    A person who applies for an initial issue of a certificate of airworthiness for a proto‐type aircraft, including a balloon, helicopter or fixed‐wing aircraft, shall pay‐

 

(a)    the cost of any investigation required in connection with the application taking into account the additional charge specified in paragraph 33 of this Schedule, where applicable; and

 

(b)    the fees specified in sub‐paragraph (1) (b) of this paragraph, so however that in the case of a series of aircraft only the fees specified in sub‐paragraph (1) (b) of this paragraph shall be payable.

 

  1. Renewal of a certificate of airworthiness

 

The fees to be paid for the renewal of a certificate of airworthiness shall be‐

(a)    in the case of a glider with a maximum all up weight of 1,000 kilograms or less, N350;

 

(b)    in the case of a glider with a maximum all up weight exceeding 1,000 kilograms, N500;

 

(c)    in the case of a balloon, N600;

 

(d)    in the case of an aircraft other than a glider, balloon or helicopter with a maximum all up weight of 2,730 kilograms or less‐

(i)     for the first 1,000 kilograms, N500;

(ii)    for every additional 500 kilograms or part thereof, N60;

 

(e)    in the case of a helicopter with a maximum all up weight of 2,730 kilograms or less‐

(i)     for the first 1,000 kilograms, N600;

(ii)    for every additional 500 kilograms or part thereof, N70;

 

(f)     in the case of a helicopter with a maximum all up weight exceeding 2,730 kilograms‐

(i)     for the first 1,000 kilograms, N700;

(ii)    for every additional 500 kilograms or part thereof, N80;

 

(g)    in the case of any other aircraft not within the categories specified in sub‐paragraphs (a) to (f) of this paragraph‐

(i)     for the first 1,000 kilograms, N1,000;

(ii)    for every additional 500 kilograms or part thereof, N100.

 

  1. Reissue of a certificate of airworthiness

 

The fees to be paid for the re‐issue of a certificate of airworthiness following its revocation shall be‐

 

(a)    if the certificate revoked was an initial issue, the same as for an initial issue of such certificate;

(b)    if the certificate revoked was one that had been renewed, the same as for the renewal of such certificate.

 

  1. Certificate of airworthiness for export

 

The person who applies for a certificate of airworthiness for the export of an aircraft shall pay‐

 

(a)    in respect of any investigations required in connection with the application, a fee of an amount equivalent to the cost of making the investigations; and

 

(b)    for the issue of the certificate, the fee as set out in paragraph 7 (b) of this Schedule.

 

  1. Change of category of certificate of airworthiness

 

The fee to be paid for an application to change the category of a certificate of airworthiness, to permit an aircraft to fly for an additional purpose, shall be N250.

 

  1. Approval for aircraft equipment

 

A person who applies for the approval of an aircraft equipment (other than the engine, modification or repairs of such equipment), its installation, modification and repair, shall pay‐

 

(a)    in respect of any investigation required in connection with the application, a fee of an amount equivalent to the cost of the investigation but not exceeding N20,000; and

 

(b)    where the investigation includes travelling abroad, the additional charge specified in paragraph 33 of this Schedule.

 

  1. Approval for modification or repair of aircraft, etc.

 

(1)    A person who applies for approval to carry out modification, repair or any other works on an aircraft, other than on its engine shall pay‐

 

(a)    in respect of any investigation required in connection with the application, a fee of an amount equivalent to the cost of the investigation not exceeding N25,000; and

 

(b)    where the investigation involves travelling abroad, the additional charge specified in paragraph 33 of this Schedule.

 

(2)    The fee to be paid for the approval of the organisation appointed to carry out the modification, repairs or other works on the aircraft or for any variation of the terms of the approval, shall be N2,000; and where the Minister or any person or agency authorised by him in that behalf inspects more than one site in respect of the approval, a fee of N500 shall be paid for each additional site inspected.

(3)    Where the organisation referred to in sub‐paragraph (2) of this paragraph is situated outside Nigeria‐

 

(a)    the fee to be paid shall be £500 or the equivalent thereof in any other convertible currency and where the Minister or any person or agency authorised in that behalf inspects more than one site in respect of the approval, the fee to be paid shall be £200 or the equivalent thereof in any other convertible currency for each additional site so inspected; and

 

(b)    the additional charge specified in paragraph 33 of this Schedule shall also be paid.

 

(4)    The fee to be paid for the renewal of any approval granted under this paragraph shall be the same as for the grant of the initial approval.

 

  1. Aircraft type certificate

 

The fee to be paid upon filing an application for an aircraft type certificate shall be such an amount as may be specified, from time to time, by the Minister but not exceeding N20,000 for every 500 kilograms or part thereof for the period of investigation and where the investigation involves travelling abroad, the additional charge specified in paragraph 33 of this Schedule shall be paid.

 

  1. Approval of engine and auxiliary power

 

A person who applies for the approval of an engine or auxiliary power unit shall pay‐

 

(a)    in respect of any investigation required in connection with the application, a fee of an amount equivalent to the cost of the investigation, including investigation concerning defects in or modifications to an approved engine or auxiliary power unit but not exceeding‐

(i)     in the case of a gas turbine engine, N500,000;

(ii)    in the case of an engine of 300 kilograms or less, N150,000;

(iii)    in the case of any other engine or auxiliary power unit of above 300 kilograms, N300,000;

 

(b)    where any investigation connected with the application involves travelling abroad, the additional charge specified in paragraph 33 of this Schedule.

 

  1. Licence for aircraft maintenance engineer

 

Any person who applies for the grant, renewal, variation or validation of a licence to act as an aircraft maintenance engineer or for the inclusion of a type rating in such licence shall pay‐

 

(a)    in respect of the application, including assessment of loggings or documents submitted therewith, a fee of N50;

 

(b)    where an examination is required, a fee of N100;

 

(c)    where no examination is required, a fee of N50;

 

(d)    where an extension of rating is to be included in the licence, a fee of N50;

 

(e)    for the renewal of a licence‐

(i)     where the applicant is not required to pass an examination, a fee of N50;

(ii)    where the applicant is required to pass an examination, a fee of N100;

 

(f)     for the replacement of a licence, a fee of N100;

 

(g)    for a copy of any certificate issued by the Minister or any other person or agency authorised in that behalf, a fee of N50;

 

(h)    for the renewal of a Certificate of Validity Authorisation N50;

 

  1. Air transport licence or permit

 

(1)    A person who applies for the grant of an initial air transport licence or permit shall pay‐

 

(a)    on making the application, a fee of N500;

(b)    on being granted the licence or permit, a fee of N5,000;

(c)    for the renewal of an air transport licence, the variable charges set out in the following table, that is‐

Description of licence per 1000 passenger per 1000 tonne kilometres flown kilometres flown pursuant to the licence pursuant to the licence (1) (2) (3) Air Transport Licence 50k N2

 

(2)    The holder of a licence shall, in respect of each period of one month during which a licence is in force, pay the variable charges specified in sub‐paragraph (1) (c) of this paragraph but no variable charge shall be paid in respect of any passenger or cargo on an aircraft where the maximum weight does not exceed 5,700 kilograms.

 

(3)    In this paragraph‐

 

“passenger kilometres” means the number of passengers multiplied by the distance flown in kilometres;

 

“tonne kilometres” means the number of tonnes multiplied by the distance flown in kilometres.

 

  1. Aerodrome flight information service officers licence, etc.

 

Any person who applies for grant of a flight information service officer, air host or air hostess licence shall pay‐

 

(a)    for the assessment of the application, a fee of N50;

(b)    on being granted the licence, a fee of N50;

(c)    where any written examination is required, a fee of N100;

(d)    for any additional aerodrome included in the licence, a fee of N50;

(e)    for the renewal of the licence, a fee of N50.

 

  1. Flight crew licence

(1)    A person who applies for the grant, extension or renewal of a licence to act as a flight crew member shall pay‐

 

(a)    in the case of the grant or renewal of‐

(i)     an airline pilot’s licence;

(ii)    a senior commercial pilot’s licence;

(iii)    a commercial pilot’s licence;

(iv)   a flight navigator’s licence; or

(v)    a flight engineer’s licence, a fee of N100;

 

(b)    in the case of the grant or renewal of instrument rating, a fee of N100;

 

(c)    in the case of the grant or renewal of a student or private pilot licence, a fee of N50;

(d) for the inclusion of any rating in the licence, a fee of N50.

 

(2)    Where a person who makes an application under subparagraph (1) of this paragraph requires any examination in connection with the application, he shall pay‐

 

(a)    in the case of ground subjects required for a commercial pilot licence, a fee of N100 per subject;

 

(b)    in the case of a Performance “A” examination, a fee of N150;

 

(c)    in the case of any other Performance Group, a fee of N100;

 

(d)    in the case of any loading examination, a fee of N100;

 

(e)    in the case of any type technical examination for any sitting for‐

 

(i)     any aircraft of an all up weight of less than 2,730 kilograms, a fee of N100;

(ii)    any aircraft of an all up weight of more than 2,730 kilograms but less than 5,700 kilograms, a fee of N150;

(iii)    any aircraft of an all up weight of 5,700 kilograms and above, a fee of N200;

(f)     in the case of any air law for pilots examination, a fee of N100;

 

(g)    in the case of ground subjects examinations for‐

(i)     any flight navigator’s licence, a fee of N100 per subject;

(ii)    any private pilot licence (aircraft), a fee of N100 per subject;

(iii)    any balloon or any airship, a fee of N75 per subject.

 

  1. Application for authorisation or approval to act as an authorised examiner

 

A person who applies for authority or approval to act as an authorised examiner shall pay‐

 

(a)    in the case of any aircraft of an all up weight of below 5,700 kilograms, a fee of N100;

 

(b)    in the case of an aircraft of an all up weight of 5,700 kilograms or above, a fee of N250.

 

  1. Approval of flight simulator

 

A person who applies for approval or renewal of approval of a flight simulator shall pay‐

 

(a)    where the authorised weight for the aeroplane type simulated by the flight simulator does not exceed 1,500 kilograms, a fee of N3,000;

 

(b)    in any other case where the authorised weight exceeds 1,500 kilograms‐

 

(i)     for the initial approval, a fee of N10,000;

 

(ii)    for renewal of the approval, a fee of N5,000;

 

(iii)    where any travelling abroad is undertaken in connection with the application, the additional charge specified in paragraph 33 of this Schedule.

 

  1. Approval of flying schools

 

A person who applies for approval or renewal of approval of a flying training school shall pay‐

 

(a)    in the case of a commercial pilot’s licence course (aeroplane) and instrument rating

 

(i)     initial approval, a fee of N4,000;

 

(ii)    renewal of approval, a fee of N3,000;

 

(b)    in the case of a commercial pilot’s licence course (helicopter)‐

 

(i)     for the initial approval, a fee of N3,000;

 

(ii)    for renewal of the approval, a fee of N2,500;

 

(c)    in the case of a commercial pilot’s licence course (aeroplane) no instrument rating‐

(i)     for the initial approval, a fee of N2,500;

 

(ii)    for renewal of the approval, a fee of N2,000;

 

(d)    in the case of a private pilot licence course‐

 

(i)     for the initial approval, a fee of N1,000;

 

(ii)    for renewal of the approval, a fee of N500.

 

  1. Type rating or type conversion for a new or unusual aircraft

 

A person who applies for an aircraft type rating or type conversion for any new or unusual type of aircraft shall pay the cost of any training required of any employee of the Ministry or a Department of the Ministry engaged in conducting any flying test technical examination connected with the type rating or type conversion.

 

  1. Flight crew member certificate

 

The fee to be paid for an application for the grant of one year flight crew certificate shall be N100.

 

  1. Aerodrome licence

 

A person who applies for an aerodrome licence shall pay‐

 

(a)    for the inspection of the aerodrome where the maximum weight of the aircraft that can use the aerodrome‐

(i)     does not exceed 3,200 kilograms, a fee of N500;

(ii)    exceeds 3,200 kilograms but less than 7,500 kilograms, a fee of N1,000;

(iii)    exceeds 7,500 kilograms, or a fee of N1,500;

(b)    for the grant or renewal of the licence after inspection, a fee of N3,000.

 

  1. Air operator’s certificate

 

(1)    A person who applies for an air operator’s certificate shall pay a fee of an amount, appropriate to the maximum total authorised weight of the heaviest type of aircraft specified in the application, as set out in sub‐paragraph (2) of this paragraph.

 

(2)    The fee to be paid under sub‐paragraph (1) of this paragraph shall be where the maximum total authorised weight of the aircraft‐

(a)    does not exceed 2 tonnes, N1,500;

(b)    exceeds 2 tonnes but less than 15 tonnes, N2,500;

(c)    exceeds 15 tonnes N6,000.

 

  1. Variation of air operator’s certificate

 

(1)    A person who applies for the variation of an air operator’s certificate to specify an additional type of aircraft in the certificate shall pay a fee of an amount, appropriate to the maximum total authorized weight of each type of aircraft specified in the application, as set out in sub‐paragraph (2) of this paragraph.

 

(2)    The fee to be paid under sub‐paragraph (1) of this paragraph shall be, where the total authorized weight of the aircraft‐

(a)    does not exceed 2 tonnes, N 1,000;

(b)    exceeds 2 tonnes but less than 15 tonnes, N1,500;

(c)    exceeds 15 tonnes N4,000.

 

  1. Annual charges on air operator’s certificate

 

(1)    The holder of an air operator’s certificate shall, on the 1st of January in each year during the whole or part of which the certificate is in force, pay a fee of an amount, appropriate to the maximum total authorised weight of the heaviest type of aircraft specified in the certificate, as set out in sub‐paragraph (2) of this paragraph.

 

(2)    The fee to be paid under sub‐paragraph (1) of this paragraph shall be, where the maximum total authorised weight of the aircraft‐

 

(a)    does not exceed 2 tonnes, N500;

(b)    exceeds 2 tonnes but less than 15 tonnes, N500 for the first 2 tonnes and N50 for each additional 500 kilograms or part thereof;

(c)    exceeds 15 tonnes or N2,500.

 

  1. Charge on air operator’s certificate

 

(1)    The holder of an air operator’s certificate shall, for every month in which the certificate is in force for an aircraft of a maximum authorised weight of less than 15 tonnes, pay a fee, according to the number of hours (rounded up to the nearest whole hour) flown by each aircraft operated by him pursuant to the certificate, as set out in sub‐paragraph (2) of this paragraph.

 

(2)    The fee to be paid under sub‐paragraph (2) of this paragraph shall be‐

(a)    in the case of an aircraft with passenger seat of 10, 40k per hour;

(b)    in the case of an aircraft with passenger seat of more than 10 but not more than 20,70k per hour;

(c)    in the case of an aircraft with passenger seat of more than 20, N1.50k per hour.

 

(3)    The holder of an air operator’s certificate for one or more types of aircraft with a maximum total authorised weight of over 15 tonnes shall, for every month or part thereof in which the certificate is in force, pay a fee, according to the seat kilometres and tonne kilometres flown by each aircraft operated by him pursuant to the certificate, as set out in sub‐paragraph (4) of this paragraph.

 

(4)    The fee to be paid under sub‐paragraph (3) of this paragraph shall be‐

(a)    N10 per 1,000 seat kilometres;

(b)    N40 per 1000 tonne kilometres.

 

(5)    The authorised agency of the Ministry, that is, the Federal Civil Aviation Authority, may ask the holder of an air operator’s certificate to deposit with the agency an amount out of which shall be deducted any fees due from him under this paragraph.

(6)    The amount to be deposited under sub‐paragraph (5) of this paragraph shall be calculated according to the hours flown, seat kilometres or tonne kilometres of the corresponding period of the previous year.

 

  1. Aerial application certificate

 

A person who applies for the grant, renewal or variation of an aerial application certificate shall pay‐

 

(a)    in respect of the application, a fee of N1,000;

(b)    on the granting or renewal of the certificate, a fee of N250 for each aircraft specified in the certificate;

(c)    where the application is for a variation of the certificate to specify an additional aircraft, a fee of N 250 for each additional aircraft so specified in the certificate;

(d)    for the replacement or issue of a copy of any document connected therewith, a fee of N 50.

 

  1. Permission for exhibitions

 

A person who applies for permission for flying exhibition shall pay the fees in the following table, that is‐

 

Number of Display items Fees payable

N

1‐2 display items…………………………………………………………………. 100

3‐6 display items…………………………………………………………………. 250

7‐10 display items……………………………………………………………….. 500

11 or more display items…………………………………………………….. 1,000

 

  1. Airstrip manning

 

The fee to be charged for manning an airstrip shall be 25,000.

 

  1. Additional charges where functions are performed abroad

 

Where any duty connected with any application under this Schedule is performed abroad, the person making the application shall pay‐

 

(a)    additional charges equivalent to the expenses incurred in performing the duty; and

 

(b)    the cost of the return air ticket of the person performing the duty.

 

  1. Approval of type, etc., of radio apparatus

 

The fees to be paid for an application for the approval of‐

(a)    radio apparatus or the manner of the installation thereof; or

(b)    any modification of the apparatus or the manner of its installation, for the purposes of regulation 10 (5) of the Air Navigation Regulations 1965, shall be an amount equivalent to the cost of making the investigations required in connection with the application but not exceeding N25,000 for any year or part thereof, of the period of the investigation.

 

  1. Ticket sales tax

 

(1)    A sales tax of five per cent shall be payable to the agency authorised in that behalf by the Minister, that is, the Federal Civil Aviation Authority on all air tickets, charter, contract and cargo flights, sold in Nigeria.

 

(2)    The sales tax payable under sub‐paragraph (1) of the paragraph shall be in the currency in which the ticket was purchased.

 

  1. Medical examination

 

The fee to be paid for an official medical examination for the purposes of the Air Navigation Regulations 1965 or any regulations made thereunder shall, unless otherwise provided, be N200.

 

CIVIL AVIATION (AIRCRAFT PERFORMANCE) REGULATIONS

 

[L.N. 10 of 1966.]

 

ARRANGEMENT OF REGULATIONS

 

REGULATION

 

  1. Short title.

 

  1. Interpretation.

 

  1. Aircraft with no performance group classification.

 

  1. Conditions as to weight of aircraft with no performance group classification.
  2. Aircraft of performance group A.
  3. Conditions as to weight of aircraft of performance group A.

 

  1. Aircraft of performance groups C and D.

 

  1. Conditions as to weight of aircraft of performance groups C and D.

 

  1. Aircraft of performance group X.

 

  1. Conditions as to weight of aircraft of performance group X.

 

CIVIL AVIATION (AIRCRAFT PERFORMANCE) REGULATIONS

under regulation 24 (1) of the Civil Aviation

 

[Commencement.] [1st December, 1965]

 

  1. Short title

 

These Regulations may be cited as the Civil Aviation (Aircraft Performance) Regulations.

 

  1. Interpretation

 

(1)    In these Regulations, unless the context otherwise requires‐

 

‘’Air Navigation Regulations’’ means the Civil Aviation (Air Navigation) Regulations;

 

“instrument meteorological conditions” means weather precluding flight in compliance with the Visual

Flight Rules;

 

“visual meteorological conditions” means weather permitting flight in accordance with the Visual Flight

Rules;

 

“specified” in relation to an aircraft means specified in, or ascertainable by reference to

 

(a)    the certificate of airworthiness in force under the Air Navigation Regulations in respect of the aircraft; or

 

(b)    the flight manual or performance schedule included in that certificate;

“emergency distance available” means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take‐off run to the nearest point in the direction of take‐off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without risk of accident;

 

“landing distance available” means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane;

 

“takeoff distance available” means either the distance from the point of the surface of the aerodrome at which the aeroplane can commence its take‐off run to the nearest obstacle in the direction of take‐off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane or one and one‐halftimes the take‐off run available, whichever is the less;

 

“takeoff run available” means the distance from the point of the surface of the aerodrome at which the aeroplane can commence its take‐off run to the nearest point in the direction of take‐off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal

operating conditions;

 

“vso” denotes the stalling speed or minimum steady flight speed with wing flaps in the landing position;

 

“Contracting State” means a State which is a party to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.

 

(2)    Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Regulations.

 

(3)    The assessment of the ability of an aeroplane to comply with the requirements of these Regulations (relating to weight and performance) shall be based on the specified information to its performance:

 

Provided that, if, in the case of an aeroplane in respect of which there is in force under the Air Navigation Regulations a certificate of airworthiness which does not include a performance group classification, the assessment may be based on the best information available to the commander of the aircraft, in so far as the relevant information is not specified.

 

(4)    In assessing the ability of an aeroplane to comply with condition 7 of regulation 4 of these Regulations, conditions 4 and 5 of regulation 5 of these Regulations, and conditions 2 (2) and 2 (3) of regulation 9, account may be taken of any reduction of the weight of the aeroplane which may be achieved after the failure of power unit by such jettisoning of fuel as is feasible and prudent in the circumstances of the flight and in accordance with the flight manual included in the certificate of airworthiness relating to the aircraft.

 

(5)    For the purposes of these Regulations‐

 

(a)    the weight of an aeroplane at the commencement of the take‐off run shall be taken to be its gross weight including everything and everyone carried in or on it at the commencement of take‐off run;

 

(b)    the landing weight of the aeroplane shall be taken to be the weight of the aeroplane at the estimated time of landing allowing for the weight of fuel and oil expected to be used on the flight to the aerodrome at which it is intended to land or alternate aerodrome, as the case may be;

 

(c)    where any distance referred to in paragraph (1) of this regulation has been declared in respect of any aerodrome by the authority responsible for regulating air navigation over the territory of the contracting State in which the aerodrome is situated, and in the case of an aerodrome in Nigeria, notified, that distance shall be deemed to be the relevant distance.

 

(6)    Nothing in these Regulations shall apply to any aircraft flying solely for the purpose of training persons to perform duties in aircraft. Weight and performance of public transport aeroplanes having no performance group classification in their certificates of airworthiness

 

  1. Aircraft with no performance group classification

 

(1)    With reference to regulation 24 of the Air Navigation Regulations, an

aeroplane registered in Nigeria in respect of which there is in force under these Regulations a certificate of airworthiness which does not include a performance group classification shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take‐off run is such that such of the following conditions as apply to that aircraft are satisfied; that is‐

 

(a)    conditions 1 and 2 apply to all aeroplanes to which this regulation applies;

 

(b)    conditions 3 to 9 apply to all aeroplanes to which these Regulations apply‐

 

(i)     of which the specified maximum total weight authorised exceeds 12,500 lbs.; or

(ii)    of which the specified maximum total weight authorised does not exceed 12,500 lbs., and which comply with neither condition 1 (a) nor condition 1 (b);

 

(c) conditions 10 to 17 apply to all aeroplanes to which this regulation applies, of which the specified maximum total weight authorised does not exceed 12,500 lbs., and which comply with condition 1 (a) or condition 1 (b) or with both these conditions.

 

  1. Condition as to weight of aircraft with no performance group classification

 

The conditions referred to in regulation 3 of these Regulations are as follows‐

All aeroplanes

 

  1. Either‐

 

(a)    the wing loading of the aeroplane does not exceed twenty pounds per square foot; or

 

(b)    the stalling speed of the aeroplane in the landing configuration does not exceed sixty knots; or

 

(c)    the aeroplane with anyone of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, is capable of a gradient of climb of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.

 

  1. The weight of the aeroplane at the commencement of the take‐off does not exceed whichever is the higher of the following weights namely‐

 

(a)    the maximum take‐off weight, if any, specified for the altitude and the air temperature at the aerodrome at which the take‐off is to be made;

 

(b)    the maximum take‐off weight, if any, approved in writing by the Minister (after the carrying out of flight tests undertaken on the authority of the Minister) for the take‐off of the aeroplane from that aerodrome in the air temperature at the aerodrome. Aeroplanes of a specified maximum total weight authorised exceeding 12,500 lbs. and aeroplanes of a specified maximum total weight authorised not exceeding 12,500 lbs. which comply with neithercondition 1 (a) nor condition 1 (b) of this regulation

 

  1. (1) The distance required by the aeroplane to attain a height of fifty feet, with all power units operating within the maximum take‐off power conditions specified, does not exceed the take‐off run available at the aerodrome at which the take‐off run is to be made.

 

(2)    The distance required by the aeroplane to attain a height of fifty feet with all power units operating within the maximum take‐off power conditions specified, when multiplied by a factor of either 1.33 for aeroplanes having two power units or by a factor of 1.18 for aeroplanes having four power units, does not exceed the emergency distance available at the aerodrome at which the take‐off is to be made.

 

(3)    For the purposes of condition 3 (1) and 3 (2) of this regulation the distance required by the aeroplane to attain a height of fifty feet shall be that appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

(b)    the altitude at the aerodrome;

(c)    the air temperature at the aerodrome;

(d)    the slope of the surface of the aerodrome in the direction of take‐off over the take‐off run available and the emergency distance available, respectively; and

 

(e)    not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off.

 

  1. (1) The take‐off flight path with one power unit inoperative and the remaining power unit or units operating within the maximum take‐off power conditions specified, appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome;

 

(c)    the air temperature at the aerodrome;

 

(d)    not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point fifty feet above the end of the appropriate factored distance required for takeoff under condition 3 (2) of this regulation at the aerodrome at which the take‐off is to be made, shows the aeroplane either will be able to comply with such requirements in respect of the take‐off flight path to be followed as the Minister may have approved in relation to that aerodrome as being requirements which flight tests undertaken on the authority of the Minister have shown will result in safe operation, or, in any case where the Minister has not approved any such requirements in relation to that aerodrome, will clear any obstacle in its path by a vertical interval of at least 35 feet except that if it is intended that an aeroplane shall change its direction by more than 15° the vertical interval shall be not less than fifty feet during the change of direction.

 

(2)    For the purposes of condition 4 (1) of this regulation an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed‐

 

(a)    when the take‐off flight path is to be conducted in instrument meteorological conditions‐

(i)     a distance of 200 feet plus half the wing span of the aeroplane plus one eighth of the distance from such point to the end of the take‐off distance available, measured along the intended line of flight; or

(ii)    5,000 feet; whichever is the less;

 

(b)    when the take‐off flight path is to be conducted in visual meteorological conditions‐

(i)     200 feet plus half the wing span of the aeroplane;

(ii)    in assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15.

 

  1. The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power units or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach, at a suitable height for landing, an aerodrome at which it can comply with condition 9 of this regulation and to maintain, on each part of its route to such aerodrome, either‐

 

(a)    such height as has been notified as the minimum flight level for that part of the route; or

 

(b)    if no minimum flight level has been notified for any part of the route, such height as will enable it to clear all obstacles within ten nautical miles either side of the intended track by a vertical interval of at least‐

 

(i)     1,000 feet when the gradient of the flight path is not less than zero; or

(ii)    2,000 feet when the gradient of the flight path is less than zero.

 

  1. The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or on any planned diversion therefrom be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified at the following altitudes‐

 

(a)    the minimum altitudes for safe flight on each stage of the route to be flown or any planned diversion therefrom specified in, or calculated from the information contained in the operations manual relating to the aeroplane; and

 

(b)    the minimum altitudes necessary for compliance with conditions 5 and 7, as appropriate.

 

  1. If, on the route to be flown or any planned diversion therefrom, the aeroplane will be engaged in a flight over water during which at any point it may be more than ninety minutes’ flying time in still air from the nearest shore, it will in the event of two power units becoming inoperative during such time and with the other power units or unit operating within the maximum continuous power conditions specified be capable of continuing the flight having regard to the meterological conditions expected for the flight clearing all obstacles within ten nautical miles either side of the intended track by a vertical interval of at least 1,000 feet, to an aerodrome at which a safe landing can be made.

 

  1. The landing weight of the aeroplane shall not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

  1. (1) The distance required by the aeroplane to land from a height of fifty feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed seventy per cent of the landing distance available on‐

 

(a)    the most suitable runway for a landing in still air conditions; and

(b)    the runway that may be required for landing because of the forecast wind conditions.

 

(2)    For the purposes of paragraph (1) of this condition the distance required to land from a height of fifty feet being taken to be that appropriate to‐

(a)    the landing weight;

(b)    the altitude at the aerodrome;

(c)    the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;

(d)    a level surface in the case of runways usable in both directions;

(e)    the average slope of the runway in the case of runways usable in only one direction;

(f)     still air conditions in the case of the most suitable runway for a landing in still air conditions;

(g)    not more than fifty per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

 

Aeroplanes of a specified maximum total weight authorised not exceeding 12,500 lbs. and which comply with either condition 1 (a) or condition 1 (b) of this regulation or with both these conditions

 

  1. If the aeroplane is engaged in a flight at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome of destination or at any alternate aerodrome, are less than 500 feet and three miles respectively, it will, with anyone of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, be capable of achieving and maintaining an altitude of 1,000 feet above all obstacles within ten nautical miles of the relevant aerodrome.

 

  1. (1) The distance required by the aeroplane to attain a height of fifty feet with all power units operating within the maximum take‐off power conditions specified, does not exceed the take‐off run available at the aerodrome at which the take‐off is to be made.

 

(2)    The distance required by the aeroplane to attain the height of fifty feet, with all power units operating within the maximum take‐off power conditions specified, when multiplied by a factor of 1.33, does not exceed the emergency distance available at the aerodrome at which the take‐off is to be made.

 

(3)    For the purpose of paragraphs (1) and (2) of this condition, the distance required by the aeroplane to attain a height of fifty feet shall be that appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome;

 

(c)    the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome, or if greater, the air temperature at the aerodrome less 15° centigrade;

(d)    the slope of the surface of the aerodrome in the direction of take‐off over the take‐off run available and the emergency distance available, respectively; and

(e)    not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off.

 

  1. The take‐off flight path, with all power units operating within the maximum take‐off power conditions specified, appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome;

 

(c)    the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome, or, if greater, the air temperature at the aerodrome less 15° centigrade; and

 

(d)    not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point fifty feet above the end of the factored distance required for take‐off under condition 11 (2) of this regulation, at the aerodrome at which the take‐off is to be made, shows that the aeroplane either will be able to comply with such requirements in respect of the take‐off flight path to be followed as the Minister may have approved in relation to that aerodrome as being requirements which flight tests undertaken on the authority of the Minister have shown will result in safe operation,

or, in any case where the Minister has not approved any such requirements in relation to that aerodrome, will clear any obstacle lying within 200 feet plus half the wing span of the aeroplane on either side of its path by a vertical interval of at least 35 feet. In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15⁰.

 

  1. The aeroplane shall, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units, if any, operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach a point above a place at which a safe landing can be made at a suitable height for such landing.

 

  1. The aeroplane shall, in the meteorological conditions expected for the flight, at any point on its route or any planned diversion therefrom, be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified, at the following altitudes‐

 

(a)    the minimum altitude for safe flight on each stage of the route to be flown or on any planned diversion therefrom specified in, or calculated from, the information contained in the operations manual relating to the aeroplane; and

 

(b)    the minimum altitudes necessary for compliance with condition 13 of this regulation.

 

  1. If on the route to be flown or any planned diversion therefrom the aeroplane will be engaged in a flight over water during which at any point it may be more than thirty minutes’ flying time in still air from the nearest shore, it shall, in the event of one power unit becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.

 

  1. The landing weight of the aeroplane shall not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

  1. The distance required by the aeroplane to land from a height of fifty feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed seventy per cent, or if a visual approach and landing will be possible in the meteorological conditions forecast for the estimated time of landing, eighty per cent of the landing distance available on‐

 

(i)     the most suitable runway for a landing in still air conditions; and

(ii)    the runway that may be required for landing because of the forecast wind conditions, the distance required to land from a height of fifty feet being taken to be that appropriate to‐

 

(a)    the landing weight;

 

(b)    the altitude at the aerodrome;

 

(c)    the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;

 

(d) (i) a level surface in the case of runways usable in both directions;

 

(ii)    the average slope of the runway in the case of runways usable in only one direction; and

 

(e) (i) still air conditions in the case of the most suitable runway for a landing in still air conditions;

(ii)    not more than fifty per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

 

WEIGHT AND PERFORMANCE OF PUBLIC TRANSPORT

 

Aeroplanes classified as aeroplanes of performance group A in

their certificates of airworthiness

 

  1. Aircraft of performance group A

 

With reference to regulation 24 of the Air Navigation Regulations, an aeroplane registered in Nigeria in respect of which there is in force under those Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group A, shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take‐off run is such that the conditions set out in regulation 6 of these Regulations are satisfied.

 

  1. Condition as to weight of aircraft with performance group A

 

The conditions referred to in regulation 5 are as follows‐

 

  1. That weight does not exceed the maximum take‐off weight for altitude and temperature specified for the altitude and the air temperature at the aerodrome at which the take‐off is to be made.

 

  1. The take‐off run, take‐off distance and the emergency distance respectively required for take‐off, specified as being appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome;

 

(c)    the air temperature at the aerodrome;

 

(d)    the slope of the surface of the aerodrome in the direction of take‐off over the take‐off run available, the take‐off distance available and the emergency distance available respectively; and

 

(e)    not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off, do not exceed the take‐off run, the take‐off distance and the emergency distance available, respectively at the aerodrome at which the take‐off is to be made; and in ascertaining the emergency distance required, the point at which the pilot is assumed to decide to discontinue the take‐off shall not be nearer to the start of the take‐off run than the point at which, in ascertaining the take‐off run required and the take‐off distance required, he is assumed to decide to continue the take‐off, in the event of power unit failure.

 

  1. (1) The net take‐off flight path with one power unit inoperative specified as being appropriate to‐

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome;

 

(c)    the air temperature at the aerodrome; and

 

(d)    not more than fifty per cent of the reported wind component opposite to the direction of take‐off or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point 35 feet or fifty feet, as appropriate, above the end of the take‐off distance required at the aerodrome at which the take‐off is to be made to a height of 1,500 feet above the aerodrome, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet, except that if it is intended that the aeroplane shall change its direction of flight by more than 15 the vertical interval shall not be less than fifty feet during the change of direction.

 

(2)    For the purpose of condition 3 (1) of this regulation an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed‐

 

(a)    a distance of 200 feet plus half the wing span of the aeroplane plus one eighth of the distance from such point to the end of the take‐off distance available, measured along the intended line of flight of the aeroplane; or

 

(b)    5,000 feet, whichever is the less.

 

(3)    In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn specified.

 

  1. The aeroplane shall, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power units or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight, clearing by a vertical interval of a least 2,000 feet obstacles within five nautical miles either side of the intended track, to an aerodrome at which it can comply with condition 7 in this regulation relating to an alternate aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with one power unit inoperative shall not be less than zero at 1,500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting.

 

  1. The aeroplane shall, in the meteorological conditions expected for the flight, in the event of any two power units becoming inoperative at any point along the route or on any planned diversion there form more than ninety minutes’ flying time in still air at the power units operating economical cruising speed from the nearest aerodrome at which it can comply with condition 7 in this regulation, relating to an alternate aerodrome, be cap‐able of continuing the flight with all other power units operating within the specified maximum continuous power conditions, clearing by a vertical interval of at least 2,000 feet obstacles within five nautical miles either side of the intended track to such an aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with two power units inoperative shall not be less than zero at 1,500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting.

 

  1. The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

  1. (1) The landing distances required, respectively specified as being appropriate to aerodromes of destination and alternate aerodromes, do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on‐

 

(a)    the most suitable runway for a landing in still air conditions; and

(b)    the runway that may be required for landing because of the forecast wind conditions:

 

Provided that if an alternate aerodrome is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination in respect of the runway that may be required for landing because of the forecast wind conditions.

 

(2)    For the purposes of condition 7 (1) of this regulation the landing distance required shall be that specified as being appropriate to‐

 

(a)    the landing weight;

(b)    the altitude at the aerodrome;

(c)    the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome;

(d)    still air conditions in the case of the most suitable runway for a landing in still air conditions;

 

(e)    not more than fifty per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

 

Weight and performance of public transport aeroplanes classified as aeroplanes of performance group C or of performance group D in their certificates of airworthiness

 

  1. Aircraft of performance groups C and D

 

With reference to regulation 24 of the Air Navigation Regulations, an aeroplane registered in Nigeria in respect of which there is in force under those Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group C or performance group D, shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take‐off run is such that the conditions set out in regulation 8 of these Regulations are satisfied.

 

  1. Conditions as to weight of aircraft of performance groups C and D

 

The conditions referred to in regulation 7 of these Regulations are as follows‐

 

  1. (1) That weight does not exceed the maximum take‐off weight specified for the altitude and the air temperature at the aerodrome at which the take‐off is to be made.

 

(2)    The take‐off run required and the take‐off distance required, specified as being appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

(b)    the altitude at the aerodrome;

(c)    the air temperature at the aerodrome;

(d)    the average slope of the surface of the aerodrome in the direction of take‐off over the emergency distance available;

(e)    not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off, do not exceed the take‐off run available and the emergency distance available, respectively, at the aerodrome at which the take‐off is to be made.

 

(3)    The net take‐off flight path with all power units operating specified as being appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome;

 

(c)    the air temperature at the aerodrome;

 

(d)    not more than fifty per cent of the reported wind component opposite to the direction of take‐off or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point fifty feet above the end of the take‐off distance required at the aerodrome at which the take‐off is to be made to the point at which the aeroplane reaches the minimum altitude for safe flight on the first stage of the route to be flown in or calculated from the information contained in the operations manual relating to the aircraft, shows that the aeroplane will clear by a safe margin any obstacle the distance from which to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 200 feet plus half the wing span of the aeroplane. In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction to a radius less than the specified radius of steady turn.

 

(4)    The aeroplane shall, if it is designated in its certificate of airworthiness as an aeroplane of performance group C and if it is necessary for it to be flown solely by reference to instruments for any period before reaching the minimum altitude for safe flight on the first stage of the route to‐be flown, stated in, or calculated from the information contained in, the operations manual, during such period also, satisfy condition 3 in regulation 5 of these Regulations.

 

(5)    The aeroplane shall, in the meteorological conditions expected f or the flight, in the event of anyone power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power units or unit, if any, operating within the specified maximum continuous power conditions‐

 

(a)    in the case of an aeroplane designated as an aeroplane of performance group C, be capable of continuing the flight at altitudes not less than the relevant minimum altitudes for safe flight stated in, or calculated from the information contained in, the operations manual to a point 1,500 feet above an aerodrome at which a safe landing can be made and after arrival at that point be capable of maintaining that height;

 

(b)    in the case of an aeroplane designated as an aeroplane of performance group D, be capable of continuing the flight to a point 1,000 feet above a place at which a safe landing can be made:

 

Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling with all power units operating specified as being appropriate to its estimated weight at that point.

 

(6)    The landing weight of the aeroplane shall not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

 

(7)    The distance required by the aeroplane to land from a height of fifty feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed seventy per cent of the landing

distance available on the most suitable runway for a landing in still air conditions, or on the runway that may be required for landing because of the forecast wind conditions, and for the purposes of this subparagraph the distance required to land from a height of fifty feet shall be taken to be that specified as being appropriate to‐

 

(a)    the landing weight;

 

(b)    the altitude at the aerodrome;

 

(c)    the expected air temperature for the estimated time of landing at the aerodrome;

 

(d)    a level surface in the case of runways usable in both directions;

 

(e)    the average slope in the runway in the case of runways usable in only one direction;

 

(f)     still air conditions in the case of the most suitable runway for a landing in still air conditions;

 

(g)    not more than fifty per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of a runway that may be required for landing because of the forecast wind conditions.

 

  1. An aeroplane designated as aforesaid as an aeroplane of performance group D shall not fly for the purpose of public transport (except for the sole purpose of training persons to perform duties in aircraft) at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and one mile respectively.

 

WEIGHT AND PERFORMANCE OF PUBLIC TRANSPORT

 

Aeroplanes classified as aeroplanes of performance group X in their

certificates of airworthiness

 

  1. Aircraft of performance group X

 

With reference to regulation 24 of the Air Navigation Regulations, an aeroplane in respect of which there is in force under those Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group X, shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of take‐off is such that the conditions set out in regulation 10 are satisfied.

 

  1. Condition as to weight of aircraft of performance group X

 

The conditions referred to in regulation 9 of these Regulations are as follows‐

 

  1. (1) That weight does not exceed the maximum take‐off weight specified for the altitude at the aerodrome at which the take‐off is to be made, or for the altitude and the air temperature at such aerodrome as the case may be.

 

(2)    The minimum effective take‐off runway length required, specified as being appropriate to‐

 

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome;

 

(c)    the air temperature at the time of take‐off;

 

(d)    the overall slope of the take‐off run available; and

 

(e)    not more than fifty per cent of the reported wind component opposite to the direction of take‐off or not less than 150 per cent of the reported wind component in the direction of take‐off, does not exceed the take‐off run available at the aerodrome at which the take‐off is to be made.

 

(3)    The take‐off flight path with one power unit inoperative, specified as being appropriate to‐

(a)    the weight of the aeroplane at the commencement of the take‐off run;

 

(b)    the altitude at the aerodrome; and

 

(c)    not more than fifty per cent of the reported wind component opposite to the direction to take‐off or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point fifty feet above the end of the minimum effective take‐off runway length required at the aerodrome at which the take‐off is to be made, shows that the aeroplane will thereafter clear any obstacle in its path by a vertical interval of not less than the greater of fifty feet or 35 feet plus one hundredth of the distance from the point on the ground below the intended line of flight of the aeroplane nearest to the obstacle to the end of the take‐off distance available, measured along the intended line of flight of the aeroplane.

 

(4)    For the purpose of condition 1 (3) of this regulation, an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed‐

 

(a)    a distance of 200 feet plus half the wing span of the aeroplane plus one eighth of the distance from such point to the end of the take‐off distance available measured along the intended line of flight; or

 

(b)    5,000 feet, whichever is the less.

 

(5)    In assessing the ability of the aeroplane to satisfy this condition, in so far as it relates to flight path, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn corresponding to an angle of bank of 15°.

 

  1. (1) Subject to condition 1 (2) of this regulation, the weight of the aeroplane at any point on the route or any planned diversion therefrom, having regard to the fuel and oil expected to be consumed up to that point, shall be such that the aeroplane, with one power unit inoperative and the other power unit or units operating within the maximum continuous power conditions specified, will be capable of a rate of climb of at least K (Vso/100)2 feet per minute at an altitude not less than the minimum altitude for the safe flight stated in or calculated from the information contained in the operations manual, where Vso is in knots and K has the value of 797 ‐1060/N, N being the number of power units installed.

 

(2)    As an alternative to condition 1 (1) of this regulation, the aeroplane may be flown to an altitude from which, in the event of failure of one power unit, it is capable of reaching an aerodrome where a landing can be made in accordance with condition 1 (4) in this regulation relating to an alternate aerodrome; and in that case, the weight of the aeroplane shall be such that, with the remaining power unit or units operating within the maximum continuous power conditions specified, it is capable of maintaining a minimum altitude on the route to such aerodrome of 2,000 feet above all obstacles within five nautical miles on either side of the intended track; and

 

(a)    the rate of climb specified for the appropriate weight and altitude, used in calculating the flight path shall be reduced by an amount equal to K (Vso/100)2 feet per minute;

 

(b)    the aeroplane shall comply with the climb requirement of condition 2 (1) at 1,000 feet above the chosen aerodrome;

 

(c)    account shall be taken of the effect of wind and temperature of the flight path; and

 

(d)    the weight of the aeroplane may be assumed to be progressively reduced by normal consumption of fuel and oil.

 

(3)    An aeroplane having four power units shall, if any two power units become inoperative at any point along the route or any planned diversion therefrom, being a point more than ninety minutes’ flying time (assuming all power units to be operating) from the nearest aerodrome at which a landing can be made in compliance with condition 2 (4) of this regulation relating to an alternate aerodrome, be capable of continuing the flight at an altitude of not less than 1,000 feet above ground level to a point above that aerodrome.

 

(4)    The required landing runway lengths respectively specified as being appropriate to the aerodrome of intended destination and the alternate aerodromes, do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on‐

 

(a)    the most suitable runway for a landing in still air conditions; and

 

(b)    the runway that may be required for landing because of the forecast wind conditions, the required landing runway lengths being taken to be those specified as being appropriate to‐

(i)     the landing weight;

 

(ii)    the altitude at the aerodrome;

 

(iii)    still air conditions in the case of the most suitable runway for a landing m still air conditions; and

(iv)   not more than fifty per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.

 

CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS)

REGULATIONS

 

ARRANGEMENT OF REGULATIONS

 

REGULATION

 

  1. Short title.
  2. Interpretation.
  3. Returns relating to births and deaths by owners of aircraft.
  4. Records to be kept by Minister.
  5. Transmission of copies of entries to appropriate registrar.
  6. Determination of appropriate registrar.
  7. Saving for father of illegitimate child.
  8. Rectification of errors.

SCHEDULES

 

FIRST SCHEDULE

 

Form of notification of a birth

 

SECOND SCHEDULE

 

Form of a notification of a death

 

THIRD SCHEDULE

 

Record of births

 

FOURTH SCHEDULE

 

Record of deaths

 

FIFTH SCHEDULE

 

Record of missing persons

 

CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS)

REGULATIONS

 

[Commencement.] [1st December, 1965]

 

  1. Short title

 

These Regulations may be cited as the Civil Aviation (Births, Deaths and Missing Persons) Regulations.

 

  1. Interpretation

 

(1)    In these Regulations unless the content otherwise requires‐

 

“aircraft” includes all balloons, whether captive or free, gliders, airships and flying machines;

 

“journey” is deemed to commence when a traveller enters an aircraft registered in Nigeria for the purpose of the journey and to continue until that traveller alights therefrom on completion of the journey, notwithstanding any intermediate stop or break in the journey;

 

“Minister” means the Minister responsible for matters relating to civil aviation;

 

“missing persons” means persons with respect to whom there are reasonable grounds for believing that they have died in consequence of an accident occurring in or over Nigeria to an aircraft registered in Nigeria;

 

“traveller”, in relation to an aircraft, includes a member of the crew.

 

(2)    The Interpretation Act shall apply for the purpose of the interpretation of these Regulations as it applies for the purpose of the interpretation of an Act of the National Assembly.

 

[Cap. 123.]

 

  1. Returns relating to births and deaths by owners of aircraft

 

(1)    The owner of an aircraft registered in Nigeria shall, as soon as is practicable but not later than six months after the occurrence in any part of the world of a birth or death in the aircraft, or a traveller in the aircraft who is killed on the journey in consequence of an accident, transmit to the Minister a return of such birth or death in the form, in accordance with the instructions, and containing the particulars prescribed in the First Schedule to these Regulations (in the case of a birth) or the Second Schedule to these Regulations (in the case of a death):

 

[First Schedule.]

 

Provided that if such particulars are not known to the owner of the aircraft, he shall transmit as aforesaid so many of such particulars as he is reasonably able to ascertain having regard to the circumstances of the birth or death.

 

(2)    To facilitate the rendering of returns in accordance with this regulation, the person in command of an aircraft registered in Nigeria shall forthwith on the occurrence in any part of the world of a birth or death in the aircraft, or of the death outside Nigeria of a traveller in the aircraft who is killed on the journey in consequence of an accident, record in the journey log book, or other appropriate document relating to that aircraft, the particulars of such birth or death mentioned in paragraph 1 of this regulation and shall make such record available to the owner as soon as practicable:

 

Provided that if all such particulars are not known to the person in command of an aircraft and cannot be readily ascertained by him, he shall record and make available as aforesaid so many of such particulars as are readily ascertainable.

 

(3)    Where an aircraft has been bona fide demised, let or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, the provisions of this regulation shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out.

 

  1. Records to be kept by Minister

The Minister shall keep‐

 

(a)    a separate record of births in the form set out in the Third Schedule to these Regulations in which shall be recorded the particulars transmitted to him of births occurring in or over Nigeria in aircraft registered in Nigeria;

 

[Third Schedule.]

 

(b)    a separate record of deaths in the form in the Fourth Schedule to these Regulations in which shall be recorded the particulars transmitted to him of deaths occurring in or over Nigeria in aircraft registered in Nigeria; and

 

[Fourth Schedule.]

 

(c)    a separate record in the form in the Fifth Schedule to these Regulations of persons reported to him as missing persons.

 

[Fifth Schedule.]

 

  1. Transmission of copies of entries to appropriate registrar

 

The Minister shall within seven days of the completion of an entry in any record kept in his Ministry pursuant to the provisions of these Regulations cause a certified copy of such entry to be transmitted to the appropriate registrar.

 

  1. Determination of appropriate registrar

 

For the purpose of these Regulations, the appropriate registrar shall be ascertained as follows‐

 

(a)    where it appears to the Minister that an entry in the record of births relates to the birth of a child the father of whom, or if the child is illegitimate, the mother of whom, was at the time of the birth usually resident in the Federal Capital Territory, Abuja or in any State of the Federation, a certified copy of the entry shall be sent to the Registrar of Births and Deaths in the Federal Capital Territory, Abuja or the State concerned, as the case may require;

 

(b)    where it appears to the Minister that an entry in the record of deaths or missing persons relates to a person who, at the time of his death, or (in the case of a missing person) at the time when he was reported missing, was usually resident in Federal Capital Territory, Abuja or in any State of the Federation, a certified copy of the entry shall be sent to the Registrar of Births and Deaths in the Federal Capital Territory, Abuja or the State concerned, as the case may require;

 

(c)    in every other case, a certified copy of an entry in the record of births, deaths, or missing persons shall be sent to whichever registrar may be thought appropriate.

 

  1. Saving for father of illegitimate child

 

In the case of the birth of an illegitimate child, the name of any person as father of such child shall not be entered in any return or record of particulars of the birth of such child unless the mother of the child and the person acknowledging himself to be the father of the child shall have signed a completed form of return as informants.

 

  1. Rectification of error

 

(1)    If the Minister is satisfied that there is an error or omission in any entry made in the record of births, deaths or missing persons kept by him pursuant to regulation 4 of these Regulations, he may, in accordance with evidence of the true facts relating to the entry, rectify it in such manner as may appear to him appropriate.

 

(2)    Within seven days after the correction of any entry in his records in accordance with this regulation, the Minister shall cause a certified copy of such corrected entry to be transmitted to the appropriate registrar.

 

FIRST SCHEDULE

 

(Form of notification of a birth)

 

[Regulation 3 (1).]

 

  1. Registration and marking of aircraft …………………………………………………………………………
  2. Date of birth (a) ………………………………………………………………………………………………………..
  3. Place of birth (b)………………………………………………………………………………………………………..
  4. Sex (c) ………………………………………………………………………………………………………………………..
  5. Name (d) ……………………………………………………………………………………………………………………
  6. Name, surname and nationality or country of father (e) …………………………………………..
  7. Maiden name and nationality or country of mother………………………………………………….
  8. Date and place of marriage of parents……………………………………………………………………….
  9. Rank or occupation and addresses of father (or, in default, of mother) (e)………………..
  10. Name, description and address of informant (if any) (f)……………………………………….
  11. Signature of informant(s) ……………………………………………………………………………………………

Signature and rank of persons completing the return ………………………………………………………

Date…………………………………….

Notes

 

(a)    Day and month in words, year in figures.

(b)    Approximate position, e.g. “40 miles west of Kaduna”.

(c)    “Boy” or “Girl” as the case may be.

(d)    Full first names of child.

(e)    First names in full and followed by surname; surname to be written in block letters. If child is illegitimate (see (8) above) the particulars relating to the father must not be recorded in the return unless at the joint request of the mother and of the person acknowledging himself to be the father of the child in which case such person shall, as well as the mother, sign a completed form of return as informant.

(f)     The informant’s full names, relationship (if any) to the child, and full postal address should be stated.

 

Except in the circumstances mentioned at (e) above only one person (usually the mother or father) should act as informant.

 

SECOND SCHEDULE

 

(Form of notification of a death)

 

[Regulation 3 (1).]

 

  1. Registration and marking of aircraft………………………………………………………………………………………………………
  2. Date of death (a)………………………………………………………………………………………………………………………………….
  3. Place of death (b) …………………………………………………………………………………………………………………………………
  4. Names and surname (c)……………………………………………………………………………………………………………………….
  5. Sex (d)……………………………………………………………………………………………………………………………………………………
  6. Age (e) ……………………………………………………………………………………….…………………………………………………………
  7. Rank or occupation (f) …………………………………………………………………………………………………………………………
  8. Nationality or country……………………………………………………….…………………………………………………………………
  9. Address or abode (g)……………………………………………………………………………………………………………………………..
  10. Cause of death………………………………………………………………….……………………………………………………………….
  11. Name of certifying medical practitioner (if any) …………………….……………………………………………………………
  12. Duration of illness ………………………………………………………………………………………………………………………………
  13. Place of burial………………………………………………………………………………………………………………………………………
  14. Signature, description and address of informant (h)…………………………………………………………………………….
  15. Date of registration……………………………………………………………………………………………………………………………
  16. Signature and rank of person completing the form…………………………………………………………………………….

Date…………………………………………………………………………………………………………………………………………………………..

Notes

 

(a)    Day and month in words, year in figures.

(b)    Actual position, if known, otherwise approximate position, e.g. “40 miles west of Kaduna”.

(c)    First names in full, followed by surname. Surname to be written in block letters.

(d)    “Male” or “Female”.

(e)    To be recorded in complete years, or in months or days.

(f)     Women and children

 

In the case of a married woman or a widow, the words, “wife of’ or “widow of’ shall be entered, followed by the name, rank of occupation, and nationality of the husband.

 

In the case of an unmarried woman, there shall be inserted (i) the word “spinster” followed by her profession or occupation (if any), rank or title (if any), and her nationality, and (ii) the words “daughter of’ followed by the name, profession, etc., of her father.

 

In the case of children under the age of sixteen years, the words “son of’ or “daughter of’ shall be followed by the name, profession, etc., of the father.

 

(f)     Women and children.

(h)    The full postal address should be stated.

(h)    The informant’s full names, relationship (if any) to deceased, and full postal address should be stated.

 

THIRD SCHEDULE

 

Record of births in aircraft registered in Nigeria

 

[Regulation 4 (a).]

 

(1) Registration and marking of aircraft………………………………………………………

(2) Date of birth…………………………………………………………………………………………………

(3) Place of birth…………………………………………………………………………………………………

(4) Sex of child………………………………………………………………………………………………….

(5) Name (if any)……………………………………………………………………………………………..

(6) Name and nationality or country of father…………………………………………………

(7) Maiden name and nationality or country of mother……………………………………

(8) Rank or occupation and addresses of father (or in default, of mother)……

(9) Name, description and address of informant………………………………………………

(10) Date of registration…………………………………………………………………………………….

(11) Signature of Minister…………………………………………………..…………………………….

(12) Name, if added after registration of birth………………………………………………..

________________________

 

FOURTH SCHEDULE

Record of death in aircraft registered in Nigeria

[Regulation 4 (b).]

(1) Registration and marking of aircraft……………………………………………………………

(2) Date of death…………………………………….…………………………………………………………

(3) Place of death ……………..…………………………………………………………………………..…

(4) Full name………………………….………………………………………………………………………….

(5) Sex…………………………………………………………………………………………………………..…

(6) Age………………………………………………………………………………………………………………

(7) Rank or occupation………………………………………………………………………………..

(8) Nationality or country………………………………………………………………………………….

(9) Abode……………………………………………………………………………………………………………

(10) Cause of death………………………………………………………………………………….

(11) Name of certifying medical practitioner (if any)………………………………………

(12) Duration of illness………………..………………………………………………………………….

________________________

 

FIFTH SCHEDULE

Persons missing and believed to have died in consequence of accident to aircraft registered in Nigeria

[Regulation 4 (c).]

(1) Registration and marking of aircraft…………………………………………………………

(2) Full name of missing person………………………………..……………………………………

(3) Sex ……………………………………………………………………………………………….…………..

(4) Age ………………………………………………….……………………………………………………….

(5) Rank or occupation …………………………………………………………………………………….

(6) Nationality or country ……………………………………………………….……………………….

(7) Address ………………………………………………………………………………………………………

(8) Date and place of accident and grounds for presumption of death ………………

(9) Name, description and address of informant …………………………………………………..

(10) Date of registration ………………………………………….…………………………………………

(11) Signature of Minister ………………………………………………………………………………….

____________________

 

 

CIVIL AVIATION RULES OF THE AIR AND AIR TRAFFIC CONTROL

 

ARRANGEMENT OF RULES

 

RULE

 

  1. Short title.

 

PART I

 

Interpretation

 

  1. Interpretation.

 

PART II

 

General

 

  1. Application of Rules to aircraft.
  2. Misuse of signals and markings.
  3. Reporting hazardous conditions.
  4. Low flying.
  5. Simulated instrument flight.
  6. Practice instrument approaches.

 

PART III

 

Lights and other signals to be shown by aircraft

 

  1. Lights and other signals to be shown by aircraft.
  2. Display of lights of aircraft.
  3. Failure of navigation lights.
  4. Flying machines.
  5. Gliders.
  6. Free balloons.
  7. Captive balloons and kites.
  8. Airships.

 

PART IV

 

General flight rules

 

  1. Weather reports and forecasts.
  2. Rules for avoiding aerial collisions.
  3. Aerobatic manoeuvres.
  4. Right‐hand traffic rule.
  5. Notification of arrival.
  6. Flight in notified airspace.
  7. Choice of VRF or IFR.

 

PART V

 

Visual Flight Rules

 

  1. Visual Flight Rules.

 

PART VI

 

Instrument Flight Rules

 

  1. Instrument Flight Rules.
  2. Minimum height.
  3. Quadrant rule.
  4. Flight plan and air traffic control clearance.
  5. Position reports.
  6. Communication failure.

 

PART VII

 

Aerodrome traffic rules

 

  1. Application of aerodrome traffic rules.
  2. Visual signals.
  3. Access to and movement on the manoeuvring area and other parts of the aerodrome used by aircraft.
  4. Right of way on the ground.
  5. Dropping of tow ropes, etc.
  6. Aerodromes not having air traffic control units.
  7. Aerodromes having air traffic control units.
  8. Commander’s duty at Unit.

 

PART VIII

 

Aerodrome signals and markings visual and aural signals

 

  1. Aerodrome signals and markings: visual and aural signals: general.
  2. Signals in the signals area.
  3. Markings for paved runways and taxiways.
  4. Markings on unpaved manoeuvring areas.
  5. Signals visible from the ground.
  6. Lights and pyrotechnic signals for control of aerodrome traffic.
  7. Marshalling signals.
  8. Distress, urgency and safety signals.
  9. Warning signals to aircraft in flight.

PART IX

Ground lighting

 

  1. Minimum ground lighting.
  2. Approach lighting.
  3. Landing area lights.
  4. Guidance lights on the manoeuvring area and other parts of the aerodrome used by aircraft.
  5. Areas unfit for use.
  6. Landing direction indicator.
  7. Obstruction lights.

 

PART X

 

Air traffic control

 

  1. Provisions of air traffic control services.
  2. Licensing of air traffic controllers and student air traffic controllers.
  3. Prohibition of unlicenced air traffic controllers and student air traffic controllers.

 

PART XI

 

Flight over an area in which search and visual operations would be difficult

  1. Flight over an area in which search and rescue operations would be difficult.

 

CIVIL AVIATION RULES OF THE AIR AND AIR TRAFFIC CONTROL

 

under regulation 56 (1) of the Civil Aviation (Air Navigation) Regulations

 

[Commencement.] [1st December, 1965]

 

  1. Short title

 

These Rules may be cited as the Civil Aviation Rules of the Air and Air Traffic Control.

 

PART I

 

Interpretation

 

  1. Interpretation

 

(1)    In these Rules, unless the context otherwise requires‐

“aerodrome traffic zone”, in relation to any aerodrome, means the airspace extending from the aerodrome to a height of 2,000 feet above the level of the aerodrome and within a distance of 3,000 yards of its boundaries, except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of these Rules as being the controlling aerodrome;

 

“Air Navigation Regulations” means the Civil Aviation (Air Navigation) Regulations;

 

“air traffic control clearance” means authorisation by an air traffic control unit for an aircraft to proceed under conditions specified by that unit;

 

“anticollision light” means a flashing red light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilots of distant aircraft;

 

“cloud ceiling”, in relation to an aerodrome, means the distance measured vertically from the notified elevation of that aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one half of the sky so visible;

 

“flight visibility” means the visibility forward from the flight deck of an aircraft in flight;

 

“ground visibility” means the horizontal visibility at ground level;

 

“IFR flight” means a flight conducted in accordance with the Instrument Flight Rules of Part VI of these

Rules;

 

“instrument meteorological conditions” means weather precluding flight in compliance with the visual flight rules;

 

“manoeuvring area” means the part of an aerodrome provided for the take‐off and landing of aircraft and for the movement of aircraft on the surface, excluding any parts of the aerodrome set aside for the embarkation and disembarkation of passengers, the loading and unloading of cargo, or the maintenance or parking of aircraft;

 

“night” means the time between sunset and sunrise, sunset and sunrise being determined at surface level;

 

“runway” means an area, whether or not paved, which is provided for the take‐off or landing of aircraft;

 

“VFR flight” means a flight conducted in accordance with the Visual Flight Rules of Part V of these Rules;

 

“visual meteorological conditions” means weather permitting flight in accordance with the Visual Flight Rules.

 

(2)    Subject to the provisions of paragraph (1) of this rule, expressions used in these Rules shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Regulations.

 

[L.N. 15 of 1966.]

 

(3)    The Interpretation Act shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the National Assembly.

 

[Cap. I23.]

 

PART II

 

General

 

  1. Application of Rules to aircraft

 

These Rules, in so far as they are applicable in relation to aircraft, shall, subject to the provisions of rule 31 of these Rules, apply in relation to

 

(a)    all aircraft within Nigeria; and

 

(b)    all aircraft registered in Nigeria, wherever they may be.

 

  1. Misuse of signals and markings

 

(1)    A signal or marking to which a meaning is given by these Rules or which is required by these Rules to be used in circumstances or for a purpose therein specified, shall not be used except with that meaning, or for that purpose.

 

(2)    A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking off or landing shall not make any signal which may be confused with a signal specified in these Rules, and, except with lawful authority, shall not make any signal which he knows or ought reasonably to know to be a signal in use for signalling to or from any naval, military or air force aircraft.

 

  1. Reporting hazardous conditions

 

The commander of an aircraft shall, on meeting with hazardous conditions in the course of a flight, or as soon as possible thereafter, send to the appropriate air traffic control unit by the quickest means available information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

 

  1. Low flying

 

(1)    Subject to the provisions of paragraphs (6) and (7) of this rule, an aircraft other than a helicopter shall not fly over any congested area of a city, town or settlement below‐

 

(a)    such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or

 

(b)    a height of 1,500 feet above the highest fixed object within 2,000 feet of the aircraft, whichever is the higher.

 

(2)    A helicopter shall not fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit.

 

(3)    Except with the permission in writing of the Minister and in accordance with any conditions therein specified, a helicopter shall not fly over a congested area of a city, town or settlement below a height of 1,500 feet above the highest fixed object within 2,000 feet of the helicopter.

 

(4)    An aircraft shall not fly‐

 

(a)    over, or within 1,000 yards of, any assembly in the open air of more than 1,000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Minister and in accordance with any conditions therein specified and with the consent in writing of the organisers of the event; or

 

(b)    below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit:

 

Provided that where a person is charged with an offence under the Air Navigation Regulations by reason of a contravention of this sub‐paragraph, it shall be a good defence to prove that the flight of the aircraft over, or within 1,000 yards of, the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly.

 

[L.N. 15 of 1966.]

 

(5)    An aircraft shall not fly closer than 500 feet to any person, vessel, vehicle or structure.

 

(6) (a) The alternatives in paragraphs (1) (b) and (3) of this rule shall not apply to an aircraft flying‐

(i)     on a route notified for the purposes of this rule; or

(ii)    on a special VFR flight as defined in rule 24 of these Rules in accordance with instructions given for the purposes of that rule by the appropriate air traffic control unit.

 

(b)    Paragraphs (1) (4) and (5) of this rule shall not apply to an aircraft in the service of the Nigerian Police Force.

 

(c)    Paragraphs (1) (4) and (5) of this rule shall not apply to the flight of an aircraft over or within 1,000 yards of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race or contest or an exhibition of flying, if the aircraft is taking part in such race, contest, or exhibition or is engaged in a flight arranged by or made with the consent in writing of, the organisers of the event.

 

(d)    Paragraph (5) of this rule shall not apply to‐

(i)     any aircraft while it is landing or taking off in accordance with normal aviation practice;

(ii)    any glider while it is hill‐soaring.

 

(7)    Nothing in this rule shall prohibit any