Published: 2012-07-27
Key Benefits:
(section 89)
(27th July, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
3. Public interest
PART II
Licensing of Air Services
4. Air service licence or permit
5. Prohibition of sale of air service
6. Application to Authority for air service licence, etc.
7. Advertisement of air service
8. Provision of aircraft or flight crew by lease
9. Approval of lease by Authority
PART III
General Provisions Relating to Licences
10. Application for licence
11. Licence fees
12. Financial fitness
13. Confidential information
14. Director's integrity
15. Issue of licence
16. Conditions of licence
17. Duration of licence
18. Variation of licence
19. Licence not transferable
20. Renewal of licence
21. Display of licence
22. Records of applications and licences
23. Suspension of licence
24. Revocation of licence
25. Reinstatement of licence
26. Surrender of licence
27. Duplicate licence
28. Notification of operational and organisational changes
29. Change of address of licensee
30. Appointment and notification of agent
31. Tariffs for air transport services
PART IV
Categories of Air Service Licences, Operating Authorities and Permits
32. Licences for air services
33. Eligibility for air transport service licence
34. Issue of air transport service licence
35. Aerial work licence
36. Aerial work permit
37. Non-scheduled domestic air transport service permit
38. Non-scheduled international air transport service permit
39. Flight training service licence
40. Eligibility for scheduled international air transport service operating authority
41. Issue of international air transport service operating authority
42. Licence conditions of international air transport service licence
43. Additional conditions for scheduled and non-scheduled international air transport service licence
44. Operation of service subject to schedule
45. Operating without air operator certificate or relevant certificate
PART V
Scheduled Air Transport Service
46. Conditions of tariff and of carriage
47. Electronic publication of tariff
48. Advertisement of terms and conditions of carriage
49. Publication of fares, rates, charges, etc
50. Conditions of compensation
51. Copy of tariff on payment of fee
52. Flight schedules
53. Electronic publication of flight schedule
54. Notice of discontinuance or reduction of services
55. Notice period
56. Shorter notice period
57. Complaints on non-compliance
58. Check-in baggage
PART VI
General Provisions Relating to Air Services
59. Returns
60. Passenger list
61. Display of terms and conditions of carriage
62. Unreasonable or discriminatory terms and conditions
63. Documents of carriage for passengers
64. Carriage of cargo
65. Copies of documents of carriage
66. Passenger rights
67. Insurance
68. Insurance of third party
69. Exclusion or waiver of insurance
70. Notification by licensee
PART VII
Miscellaneous provisions
71. Inquiry into licensing matters
72. Disclosure of information
73. Powers of air transport officer to secure compliance
74. Power of inspection
75. Appeals
76. Offences
77. Evidence
78. Savings
79. Transitional provisions
SCHEDULES
S.I. 64, 2012.
1. Citation
These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations.
(1) In these Regulations, unless the context otherwise requires -
"accommodation" means sleeping facilities that are provided on a commercial basis to the general public;
"advance booking charter" means a round trip passenger flight, which originates from Botswana and is operated according to the conditions of a contract entered into between an air transportation service provider and one or more charterers; and requires the charterer to charter the entire passenger seating capacity of an aircraft for resale by the charterer to the public, at a price per seat, not later than a specified number of days prior to the date of departure of the flight from Botswana;
"aerial work operator certificate" means a certificate issued under the Civil Aviation (Aerial Work) Regulations;
"air carrier" means an enterprise that engages in the provision of air transport services;
"air operator certificate" means a certificate issued under the Civil Aviation (Air Operator Certification and Administration) Regulations;
"approved training organisation certificate" means a certificate issued under the Civil Aviation (Approved Training Organisations) Regulations;
"baggage" means the personal property of passengers or crew carried on an aircraft by agreement with the operator;
"basic fare" means-
(a) a fare in the form of a tariff issued by a holder of a licence for a scheduled air transport service that has no restrictions, and is the lowest amount to be paid for a one-way air transportation by a passenger carrying reasonable baggage between two points; or
(b) where the licensee has more than one such fare between two points, dependent on the time of day or day of the week of travel, or both, the highest of those fares;
"business office", with respect to a licensee, includes any place in Botswana where the licensee receives goods for transportation or offers passenger tickets for sale, but does not include an office of a travel agent;
"city-pair market" means the air route linking two cities;
"corporation" has the same meaning assigned to it under the Companies Act;
"domestic air transport service" means-
(a) an air transport service operated entirely within the airspace over the territory of Botswana, either between points in Botswana or from and to the same point in Botswana; or
(b) an air service that passes through the airspace over the territory of another State without providing an air service in the territory of that other State, but the route or journey started and ended within the territory of Botswana;
"inclusive tour" means a round or circle trip performed in whole or in part by an aircraft for an inclusive tour price for the period from the time of departure by the participants, from the starting point of the journey to the time of their return to that point, and that includes accommodation;
"inclusive tour charter" means a passenger flight operated according to the conditions of a contract entered into between an air carrier and one or more tour operators that requires the tour operator to charter the entire passenger seating capacity of an aircraft for resale by the tour operator to the public at an inclusive tour price per seat;
"international air transport service" means an air transport service operated between a point in the territory or airspace of one State and a point in the territory or airspace of another State;
"licence" means a licence issued by the Authority under these Regulations; and, unless the context otherwise requires, any reference to a licence includes a scheduled international air transport service operating authority;
"licensee" means the holder of a licence issued under these Regulations;
"non-scheduled air transport service" means an air transport service that is not a scheduled air transport service;
"non-scheduled domestic air transport service licence" means a licence which authorises the licensee to provide a non-scheduled domestic air transport service, issued under regulation 34;
"non-scheduled domestic air transport service" means a domestic air transport service that is a non-scheduled air transport service;
"non-scheduled international air transport service licence" means a licence which authorises the licensee to provide a non-scheduled international air transport service, issued under regulation 34;
"non-scheduled international air transport service" means an international air transport service that is a non-scheduled air transport service;
"partnership" has the same meaning assigned to it under the Companies Act;
"permit" means a permit issued by the Authority under these Regulations;
"scheduled air transport service" means a public air transport service operated on a regular basis according to a published schedule;
"scheduled domestic air transport service licence" means a licence which authorises the licensee to provide a scheduled domestic air transport service, issued under regulation 34;
"scheduled domestic air transport service" means a domestic air transport
service that is a scheduled air transport service;
"scheduled international air transport service licence" means a licence which authorises the licensee to provide a scheduled international air transport service, issued under regulation 34;
"scheduled international air transport service" means a public international air transport service operated on a regular basis according to a published schedule;
"scheduled international air transport service operating authority" means the document issued to a foreign air transport service provider, which authorises the holder to provide a scheduled international air transport service which it has been designated to, through the provisions of an international air transport service agreement to which Botswana is a party, and is issued under regulation 41;
"SDR" means a Special Drawing Right, which is the international currency unit defined by the International Monetary Fund;
"seat" means any area in an aircraft designed to be occupied by a passenger, other than the area occupied by the baggage of such passenger; and
"tariff" means a schedule of fares, rates, charges and terms and conditions of carriage applicable to the provision of an air service and other incidental services.
(2) For the purposes of these Regulations-
(a) one corporation is affiliated with another corporation if-
(i) one of them is a subsidiary of the other,
(ii) both are subsidiaries of the same corporation, or
(iii) both are controlled by the same person;
(b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other;
(c) a corporation is a subsidiary of another corporation if it is controlled by that other corporation or by a subsidiary of that other corporation;
(d) a corporation is controlled by a person other than the Government if securities of the corporation to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;
(e) a corporation is controlled by the Government if-
(i) the corporation is controlled by the Government in the manner described in paragraph (d), or
(ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by the Government, or by a Minister on behalf of the Government; and
(f) a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than 50 per cent of the profits of the partnership or more than 50 per cent of the partnership's assets on dissolution.
The Minister may prohibit the provision of an air service or discontinue an air service if, in the opinion of the Minister, it is in the public interest to do so.
