Civil Aviation (Licensing of Air Services) Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1976/1976-0105/CivilAviationLicensingofAirServicesRegulations_1.pdf
Published: 1976-10-07

Civil Aviation (Licensing of Air Services) Regulations
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CIVIL AVIATION (LICENSING OF AIR SERVICES)
REGULATIONS

ARRANGEMENT OF REGULATIONS
PART I
GENERAL

1. Citation.
2. Interpretation.
3. Exemptions.
PART II
LICENCES FOR SCHEDULED JOURNEYS

4. Application of Part II.
5. Restriction on operation without licence.
6. Appointment of Board.
7. Minister not bound to act on advice given by Board.
8. Minister may grant a licence.
9. Application for licences.
10. Objections and representations.
11. Public enquiry.
12. Power of Minister to grant short term special licences.
13. Duration of licence.
14. Power of Minister to grant provisional licences.
15. Publication of Minister’s decisions.
16. Matters to be considered in granting or refusing licence.
17. Revocation or suspension of licences.
18. Surrender of licences.
19. Licence fees.
20. Monthly returns by holders of licences.

PART III
PERMITS FOR JOURNEYS OTHER THAN
SCHEDULED JOURNEYS

21. Application of Part III.
22. Restriction on operation without a permit.
23. Applications for permits.
24. Revocation and suspension of permits.
25. Fees for permits.

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PART IV
MISCELLANEOUS PROVISIONS

26. Conditions of licences and permits.
27. Licences and permits not transferable or assignable.
28. Information as to financial resources to be treated as

confidential.
29. “Licence” includes provisional licence.
30. No right to continuance of benefit.
31. Proceedings for an offence against these Regulations.
32. Appeals.
33. Minister to have regard to International Agreements.
34. Revocation.
35. Transitional.


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CIVIL AVIATION (LICENSING OF AIR SERVICES)
REGULATIONS

(SECTION 5)
[Commencement 7th October, 1976]

PART I
GENERAL

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

2. In these Regulations, unless the context
otherwise requires —

“the Act” means the Civil Aviation Act;
“air service” means any service performed by any

aircraft for hire or reward;
“the Board” means the Air Transport Advisory Board

constituted by regulation 6;
“the International Air Service Transit Agreement”

means the Agreement concluded at Chicago on
the 7th day of December, 1944;

“licence” means a licence granted under regulation 8;
“permit” means a permit granted under regulation 23;
“provisional licence” means a licence granted under

regulation 14;
“reward’’ in relation to any flight by an aircraft,

includes any form of consideration received or
to be received wholly or partly in connection
with a flight, irrespective of the person by or to
whom the consideration has been or is to be
given;

“scheduled journey” means one of a series of
journeys which are undertaken between the
same two places and which together amount to
a systema-tic 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 them.

S.I. 105/1976
S.I. 62/1988

Citation.

Interpretation.

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3. Nothing in these Regulations shall apply to any
flight —

(a) by a civil aircraft registered in a country (other
than The Bahamas) which is for the time being a
party to the Chicago Convention, on a journey
which is not a scheduled journey and which is
undertaken solely for the purpose of the carriage
of passengers, none of whom are taken on or
discharged from the aircraft in The Bahamas, or
the carriage of cargo or mail none of which is
taken on or discharged in The Bahamas;

(b) by a civil aircraft registered in a country (other
than The Bahamas) which is for the time being a
party to the International Air Services Transit
Agreement, which flies across The Bahamas
without landing or lands in The Bahamas in
accordance with the provisions of that Agree-
ment;

(c) solely for the purpose of training or testing of
persons in the performance of duties in connec-
tion with aircraft provided —

(i) the aircraft is owned or is operated under
arrangements entered into by a Flying
Club (approved as such by the Director) of
which both the person giving and the
person receiving instruction are members;
or

(ii) the person carrying out the training or
testing has been granted approval by the
Director to carry out such training or
testing without a permit;

(d) solely for the purpose of providing ambulance or
rescue facilities where such facilities are not
provided for hire or reward;

(e) solely for the purpose of carrying emergency
food or emergency medical supplies where such
food and supplies are not carried for reward;

(f) solely for the purpose of testing or demonstrat-
ing any aircraft or any apparatus or equipment
whether or not that apparatus or equipment is
carried in the aircraft;

(g) being a positioning flight on which no
passengers or cargo are carried, that is to say a
flight solely to enable the aircraft to arrive at a
place at which —

Exemptions.

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(i) the aircraft is to be used for a flight; or
(ii) the aircraft is to be parked or stored; or
(iii) the aircraft or any part of the aircraft or its

equipment is to be modified, inspected,
tested, overhauled or repaired, or any part
of the aircraft or its equipment is to be
replaced;

(h) beginning in accordance with the terms of a
licence or permit, but ending otherwise than in
accordance with such terms by reason of —

(i) an emergency occurring after the
beginning of the flight; or

(ii) any other circumstances beyond the
control of the operator and commander of
the aircraft;

(i) ending in accordance with the terms of a licence
or permit, but beginning otherwise than in
accordance with such terms, being a flight which
the aircraft next makes after such a flight as is
mentioned in subparagraph (h).

PART II
LICENCES FOR SCHEDULED JOURNEYS
4. 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.

5. (1) Subject to the provisions of these Regulations,
no person shall use any aircraft in The Bahamas 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 The Bahamas except under, and in accordance with,
the provisions of a licence or provisional licence granted by
the Minister.

(2) Any person who uses any aircraft in
contravention of this regulation shall be guilty of an offence
and shall be liable on summary conviction, in the case of a
first offence, to a fine not exceeding five thousand dollars or
to imprisonment for a term not exceeding one year and in
the case of a second subsequent offence to a fine not
exceeding ten thousand dollars or to imprisonment for a
term not exceeding two years.

Application of
Part II.

Restriction on
operation without
licence.

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6. (1) There shall be established a body to be
known as the Air Transport Advisory Board which shall
be responsible for advising the Minister on matters
relating to the licensing of air services in The Bahamas.

(2) The Board shall consist of not less than three nor
more than five members who shall be appointed by the
Minister by instrument in writing.

(3) The persons appointed under paragraph (2) shall
hold office for such period and on such terms as may be
determined at the date of their respective appointments.

(4) The Minister shall appoint one of the members
to be the Chairman of the Board,

(5) Any member of the Board may at any time
resign his office by instrument in writing addressed to the
Minister, and, from the date of the receipt by the Minister
of such instrument, that member shall cease to be a
member of the Board.

(6) The Minister may appoint a person to be secretary
to the Board.

(7) A majority of the members of the Board shall form
a quorum.

(8) The Board may regulate its own proceedings.
7. In the exercise of his functions under the Act

and these Regulations relating to the licensing of air
services, the Minister may consult with the Board from
time to time as he thinks fit but shall not be bound to act
upon the advice of the Board.

8. (1) The Minister may grant to any person applying
therefor a licence to carry passengers, mail or cargo by air for
hire or reward on such scheduled journeys, and subject to
such conditions as may be specified in the licence.

(2) The Minister may attach such conditions to any
licence as he thinks fit, having regard to the nature and
circumstances of the application therefor.

(3) It shall be a condition of every licence —
(a) that the holder of the licence and any person

having a financial interest in the business of the
holder of the licence shall refrain from stipulat-
ing that any other person shall —

Appointment of
Board.

Minister not
bound to act on
advice given by
Board.

Minister may
grant a licence.

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(i) refuse booking facilities to any other
holder of a licence;

(ii) grant such facilities to such holder only on
onerous terms; and

(b) that the holder of the licence shall perform all
such reasonable services as the Postmaster
General may from time to time require in regard
to the conveyance of mails and of any persons
who may be in charge thereof upon journeys
made under the licence, the remuneration for
any such services being such as may from time
to time be determined by agreement between the
Postmaster General and the holder of the
licence; and

(c) that any dispute, difference or question which
may arise as to the remuneration to be paid to
the holder of the licence in respect of such
services, or as to the rights, duties or liabilities
of the holder of the licence or the Postmaster
General hereunder, or otherwise in relation to
any of the matters aforesaid, shall in default of
agreement be referred to arbitration in accor-
dance with the provisions of the Arbitration Act.

9. (1) Applications for licences shall be made in
writing to the Minister and shall contain such particulars as
may be required by the Minister.

(2) Every applicant shall furnish to the Minister
such further information as the Minister may reasonably
require.

(3) As soon as may be after receipt of an application
under paragraph (1), the Minister shall cause to be
published in at least two issues of a newspaper published
and circulating in The Bahamas, at an interval of not less
than one week, and twice in the Gazette, such particulars of
any application received by him as he thinks fit.

10. Responsible persons or bodies who may reason-
ably be considered by the Minister to have any interest in
the grant or refusal of a licence, may in such form and
manner and within such time as the Minister may require,
make representations or objections with regard to any
application for a licence.

Application for
licences.

Ch. 180.

Objections and
representations.

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11. (1) The Minister shall, for the purpose of
determining applications for licences, hold or cause
enquiries to be held in public, unless he otherwise decides
in relation to the whole or part of a particular case.

(2) Before any such enquiry is held, the Minister
shall give notice in writing to the applicant and to any
person
who has made representations or objections with regard to
the application, and shall give the applicant and any such
person an opportunity of being heard at the enquiry.

12. (1) Where an application is made to the Minister
for a licence to remain in force for a period not exceeding
ninety days and the Minister is satisfied that it is in the
public interest that the application should be dealt with
expeditiously, he may deal with the application and grant a
licence accordingly.

(2) The provisions of this Part as to the publication
of particulars of applications, the making of objections and
representations, and the holding of enquiries at the
instance of the applicant or an objector shall not apply to
an application made under paragraph (1).

13. (1) Subject to paragraph (3), the Minister may
grant licences to remain in force for such a period not
exceeding 5 years, as he may in each case determine,
commencing on the date on which the licence is expressed
to take effect.

(2) The Minister may, on the expiration of a licence
and on payment of the prescribed fee, renew the licence for
a further period not exceeding five years subject to such
conditions as he thinks fit.

(3) If at the date of the expiration of a licence, an
application to the Minister is pending for the renewal of a
licence, the existing licence shall continue in force until the
application is granted or refused.

14. The Minister may, pending the consideration of
an application for a licence, grant to the applicant a
provisional licence which shall remain in force until the
application is granted or refused.

15. The Minister shall cause to be published in the
Gazette such particulars of his decisions on applications for
licences and of his decisions to revoke or suspend a licence
as he deems fit.

Public enquiry.

Power of
Minister to grant
short term special
licences.

Duration of
licence.

Power of
Minister to grant
provisional
licences.

Publication of
Minister’s
decisions.

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16. The Minister shall, in exercising his functions
under regulation 8, consider —

(a) whether he is satisfied that, having regard to the
applicant’s experience, financial resources, his
competence to ensure that aircraft operated by
him will be operated safely, his ability to
provide satisfactory equipment, organisation and
staffing arrangements, the applicant is
competent and a fit and proper person to operate
aircraft for the purposes for which he seeks a
licence;

(b) the provision made or proposed to be made
against any liability in respect of loss or damage
to persons or property which may be incurred in
connection with aircraft operated by the applic-
ant;

(c) any unfair advantage of the applicant over other
operators by reason of the terms and conditions
of employment of his servants;

(d) the existing or potential need or demand for any
air service proposed;

(e) in the case of any air service proposed, the
adequacy of any similar service authorised by
any licence already granted in respect of that
similar service;

(f) any objections or representations made in
accordance with these Regulations.

17. (1) Subject to paragraph (2), 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 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
these Regulations; or

(c) the holder of the licence has failed to comply
with any conditions subject to which the licence
was granted; or

(d) the holder of the licence fails to operate the
services to which the licence refers or fails to
operate the said services with sufficient regularity
and capacity to satisfy the Minister; or

Matters to be
considered in
granting or
refusing licence.

Revocation or
suspension of
licences.

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(e) the holder of the licence or any person acting on
his behalf has made any false statement, whether
wilfully or otherwise, either in the application for a
licence or at the enquiry of such application.

(2) Before revoking or suspending any licence
under subparagraph (c) or (d) of paragraph (1), the
Minister shall —

(a) give notice in writing to the holder of the licence
specifying the grounds upon which it is
proposed to revoke or suspend the licence and
requesting the holder of the licence to show
cause why the licence should not be revoked or
suspended; and

(b) hold or cause an enquiry to be held in public,
and the Minister shall not revoke or suspend the
licence under subparagraph (c) of paragraph (1)
unless he is satisfied that having regard to the
frequency of the failure on the part of the holder
of the licence to comply with conditions or to
the failure having been wilful, the licence ought
to be revoked or suspended.

(3) The expression “officer” in subparagraph (b) of
paragraph (1) means a director, general manager, secretary
or other similar officer and includes any person who, with
the authority of the body corporate, acts as such officer.

18. (1) A licence may at any time be surrendered by
the holder to the Minister for cancellation.

(2) If, during the currency of the licence, the holder
applies 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.

19. (1) Subject to paragraph (2), there shall be paid
to the Treasurer —

(a) in respect of every licence or renewal of a licence,
a fee of five hundred dollars in respect of each
year, or part of a year, of the term for which the
licence
is expressed to remain in force;

(b) in respect of every provisional licence, a fee of
fifty dollars;

(c) in respect of every short term special licence
granted under regulation 12, a fee of eighty
dollars.

Surrender of
licences.

Licence fees

S.I. 62/1988.

S.I. 62/1988.

S.I. 62/1988.

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(2) The Minister may exempt any person from the
provisions of this regulation in respect of the payment of
fees for licences.

20. (1) Every holder of a licence shall make a monthly
return in writing to the Minister giving, in respect of the
month to which the return relates, such statistical information
and particulars with regard to all air services authorised by the
licence, as the Minister may require.

(2) Such return shall be sent to the Minister not later
than two months after the end of the month to which the
return relates.

PART III
PERMITS FOR JOURNEYS OTHER THAN

SCHEDULED JOURNEYS
21. This Part shall not apply to the carriage of

passengers, mail or cargo by air for hire or reward on
scheduled journeys.

22. (1) Subject to the provisions of these
Regulations, no person shall use any aircraft for the
provision in The Bahamas of any air services except under,
and in accordance with, a permit granted by the Minister.

(2) Any person who uses any aircraft in contravention
of the provisions of this regulation shall be guilty of an
offence and shall be liable on summary conviction —

(a) in the case of a first offence to a fine not
exceeding five thousand dollars or to imprison-
ment for a term not exceeding one year;

(b) in the case of a second or subsequent offence to
a fine not exceeding ten thousand dollars or to
imprisonment for a term not exceeding two
years.

23. (1) Applications for permits shall be made to the
Minister and shall be in such form and shall contain such
information as the Minister may require.

(2) Every applicant shall furnish to the Minister
such further information as the Minister may reasonably
require.

Monthly returns
by holders of
licences.

Application of
Part III.

Restriction on
operation without
a permit.

Applications for
permits.

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(3) The Minister may grant a permit to use aircraft
for the provision in The Bahamas of such air services
(other than such a service as is referred to in paragraph (1)
of regulation 5) for such period not exceeding five years,
and on such conditions as may be specified in the permit
and on payment of the prescribed fee.

(4) The Minister may, on the expiration of the
permit and on payment of the prescribed fee, renew the
permit for a further period not exceeding five years subject
to such conditions as he thinks fit.

(5) The Minister may attach such conditions to any
permit as he, having regard to the nature and circumstances
of the application therefor, thinks fit.

24. (1) The Minister may revoke or suspend any
permit —

(a) if the holder of the permit has, since the permit
was granted, been convicted of an offence
against these Regulations; or

(b) where the holder of the permit is a body
corporate, if any officer of that body corporate
has since the permit was granted, been
convicted, in his capacity as such officer, of an
offence against these Regulations;

(c) if the holder of the permit has failed to comply
with any condition subject to which the permit
was granted.

(2) The expression “officer’’ in subparagraph (b) of
paragraph (1) means a director, general manager, secretary
or other similar officer and includes any person who, with
the authority of the body corporate, acts as such officer.

25. There shall be paid to the Treasurer in respect of
a permit or renewal of a permit —

(a) where it is granted for one flight only $10.00;
(b) where it is expressed to be in force for more than

one flight and does not exceed a period of —

(i) one month $75.00
(ii) three months $200.00
(iii) six months $300.00
(iv) twelve months $500.00;

Revocation and
suspension of
permits.

Fees for permits.

S.I. 62/1988.

S.I. 62/1988.
S.I. 62/1988.

S.I. 62/1988.

S.I. 62/1988.

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(c) where it is granted for more than twelve
months

$500.00 for each
twelve month
period or part
thereof.

PART IV
MISCELLANEOUS PROVISIONS

26. It shall be a condition of every licence or permit
that the requirements of any law or statutory instrument
having the force of law, for the time being in force in The
Bahamas, 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.

27. (1) A licence or permit shall not be capable of
being transferred or assigned.

(2) In the event of the death, incapacity, bankruptcy,
sequestration or liquidation of the holder of a licence or
permit, or 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, be entitled to provide the air services
authorized by the existing licence or permit subject to the
conditions thereof, until the application is dealt with.

28. Nothing in these Regulations shall require the
disclosure by any applicant for a licence or permit to any
person other than the Minister, of information as to the
financial resources of the applicant, and any such
information received by the Minister shall be treated as
confidential.

29. Any references to a licence in paragraphs (2)
and (3) of regulation 8, regulations 20, 26, 27, 30 and 33
shall be construed as including references to a provisional
licence.

S.I. 62/1988.

Conditions of
licences and
permits.

Licences and
permits not
transferable or
assignable.

Information as to
financial
resources to be
treated as
confidential.

“Licence”
includes
provisional
licence.

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30. 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.

31. (1) No proceedings for an offence against these
Regulations shall be instituted except with the consent of
the Attorney-General.

(2) Where an offence against these Regulations has
been committed by a body corporate, any person who at the
time of the commission of the offence was a director, general
manager or other similar officer of the body corporate, or was
purporting to act in such capacity, shall be deemed to be
guilty of that offence, if 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.

32. Any of the following persons, that is to say —
(a) an applicant for a licence under regulation 9 or

12 whose application has been refused;
(b) a holder of a licence whose licence is revoked or

suspended under regulation 17;
(c) a person who has made representations or

objections under regulation 10;
(d) an applicant for a permit under regulation 23

whose application has been refused;
(e) a holder of a permit suspended or revoked under

regulation 24,
may appeal from the decision of the Minister to the
Supreme Court on a point of law only, and the decision of
the Supreme Court on any such appeal shall be final.

33. In considering any application for the grant of a
licence or a permit the Minister shall have regard to the
requirements and provisions of every Agreement relating
to or affecting civil aviation which has been entered into by
the Government.

No right to
continuance of
benefit.

Proceedings for
an offence
against these
Regulations.

Appeals.

Minister to have
regard to
International
Agreements

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34. (1) The Air Transport (Licensing of Air
Services) Regulations are revoked.

(2) Any licence, provisional licence or permit granted
and any requirement, agreement or recommendation made
and any other things done under the provisions of the
Regulations revoked by paragraph (1), having effect
immediately before the commencement of these Regula-
tions shall continue to have effect and shall be deemed for
all purposes to have been granted, made or done under the
provisions of these Regulations.

(3) All pending applications for licences or represen-
tations or objections thereto made under the provisions of
the Regulations revoked by paragraph (1), shall be deemed
to be made under the provisions of these Regulations.

35. Notwithstanding anything contained in these
Regulations, where at the date of the commencement of
these Regulations any scheduled journey is operated to or
from The Bahamas under any air service agreement or
arrangement, such scheduled journey may continue to be
operated to or from The Bahamas after the date of the
commencement of these Regulations in accordance with
the terms and conditions of that agreement or arrangement
except where any such terms and conditions are incon-
sistent with the provisions of these Regulations, until a new
agreement or arrangement is concluded.

Revocation.
G.N. 291 of
1953.

Transitional.
Read Entire Law on laws.bahamas.gov.bs