Key Benefits:
Decree No. 326/82
Bs. As. 10/2/82
VISTO Act No. 22,390, amending Act No. 17,285.Aeronautical code reported in Expediente No. 459,871 (F.A.), and
CONSIDERING
That Act No. 22,390 replaced rules of the Air Code applicable to commercial air transport and others for the remaining aeronautical activities.
That the specific rules for commercial air transport require regulations that permit immediate implementation.
That the differentiation of sectors resulting from the dictation of Act No. 22,390 allows the regulation of the new rules of the Aeronautical Code, which are deprived of commercial air transport.
At the same time, it is necessary to leave without effect Decree No. 784/72, Regulation of Title XIII . Chapter I . Lack of Law No. 17.285, Code of Aeronautics, in everything specifically applicable to commercial air transparency.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 - Approved the Regulations of Act No. 17.285 - Aeronautical Code - as amended by Act No. 22.390, for articles 133, 135 and 208 - - (1), (2) (a), (4) and (5) - relating to commercial air transport, the text of which is as Annex 1 to this Decree.
Article 2 - Leave without effect, from the date on, Decree No. 784/72 in all matters applicable to commercial air transport that are contrary to the present.
Article 3° Communicate, publish, give to the National Directorate of the Official Register and archvese.
GALTIERI - Amadeo R. Frúgoli
Annex 1
REGLAMENT OF LAW No. 17.285 - AERONAUTIC CODIGOMODIFICATE BY LAW N° 22.390
CHAPTER I - Control of Commercial Activities
Interruption and resumption of services (Article 133 - 41. The Aeronautical Authority, at the request of a borrower of regular air transport services internos or international, of its own or foreign flag - and based on reasons that advise it, may authorize the interruption of all the services of which it is owned by it, for a term of up to one hundred and eighty (180) days from which, if not resumed, it will begin the procedures to give effect to the expiration or withdrawal of the concession or authorization. For foreign transporters, the proofs resulting from the current Bilateral Agreements shall be taken into account.
2. Partial interruptions of regular air transport services - whether or not international, of their own or foreign flag - in due course requested by the holder for a route, route or scale, and sufficiently founded, may be authorized by the Aeronautical Authority also for a period of one hundred and eighty (180) days, renewable if the causes remain and provided that public interest needs do not advise granting the concession or authorization to another carrier in conditions of carrying out. The same reservation as the previous number for foreign transporters shall be subject to the same reservation.
3. In the case of non-regular, internal or international flag services, procedures and deadlines similar to those established in number 1. The lack of specific air transport activity will also be considered to be terminated within a period of one hundred and eighty (180) days, mediate or not the borrower's request, from which the procedures for the withdrawal of the authorization will begin.
4. Authorization for the resumption of interrupted services shall, at the request of the interested parties, proceed if it is submitted prior to the expiry of the established deadline.
Representations and agencies of foreign companies not operating in the country (Article 133 - 8)5. The representations and agencies established in Argentine territory by foreign air transport companies that do not operate in the country shall be subject without prejudice to the compliance of the requirements imposed by the standards of other areas of the Public Administration - to the approval as a precondition to its installation and to the control of its operation by the Aeronautical Authority in all when it complies with Law No. 17.285 and complementary regulations, and in particular, to the promotion and commercialization of the cargo.
6. The Aeronautical Authority shall require and ensure, as a mandatory requirement for the authorization of installation and operation, real and effective reciprocity for the Argentine transporters, the possibility and convenience, for them, of establishing representations or agencies in the respective country on equal terms and facilities for which the Argentine Government confers.
7. The control of such representations and agencies will be carried out by the Aeronautical Authority in safeguarding and safeguarding the interests of the State and the user, covering the following general requirements:
1) To emit in Argentine territory the documents of transport tickets of passages and guides or letters of air carriers - to assure the user the benefit of the application of the Argentine law and jurisdiction in case of claim and to cover the interests of the State in terms of the perception of the taxes to which any concept would give rise to the activity of such representations and agencies.
(2) Fulfilling the rates, conditions and commissions approved by the Argentine Government.
3) To grant warranty, by deposit of two hundred million pesos ($ 200,000.000) in cash or security right, bank or insurance equivalent:
The value of this guarantee will be updated semi-annually in January and July of each year on the basis of the variation of the general index of wholesale prices, officially published, corresponding to the previous immediate semester.
The cash deposit will be made at the Banco de la Nación Argentina, at the order of the Aeronautical Authority.
This requirement may not be required if Argentine carriers operate on a permanent basis in the country of flag of such companies or maintain in that territory representations or agencies in strict reciprocity criteria.
(4) They observe the requirements of Act No. 17.285 and other supplementary rules.
8. The Aeronautical Authority shall issue the necessary instruments to carry out the provisions of numbers 5 to 7 above
Aptitude of aircraft (Article 133 - 9)9. The Aeronautical Authority will qualify the aptitude of the aircraft that, for the commercial transport of passengers or cargo, preview to incorporate the Argentine flag companies and will be issued on the desirability of such incorporation taking into account, as main factors, the kind of services to be rendered, the present dimension and evolution of the markets that will be served; the available infrastructure; the criterion of maximum homogenization of the aircraft and spare parts park and the economy.
10. To this end, the holders and applicants of benefits shall submit the studies relating to equipment as a previous and conditional step in the incorporation and impact of the aircraft, as well as their entry into the country, whose procedure must be initiated before that authority.
11. The qualification and opinion on the desirability, issued by the Aeronautical Authority, shall also be an indispensable requirement in all cases where the provision of guarantees, guarantees or other facilities by the State is requested for any type of equipment.
12 (Article 20 of the Decree No. 1492/1992 B.O. 24/8/1992. Watch: from the day of publication.)
CHAPTER II - Extinction of Concessions and Authorizations.
Expiration of concessions and withdrawal of authorizations (Article 135)13. In the event of any of the proceedings in article 135 of Act No. 17.286, the granting or withdrawal of the authorization shall proceed, such measures shall be issued by the Authority which granted them.
14. The Application Authority shall communicate in writing to the carrier concerned the initiation of the expiry or withdrawal process, for the purpose of the enforcement of the precaution provided for in article 137 of Law No. 17.285.
15. The disclaimer of the data subject must be presented in writing at the end of Twenty (20) working days counted from the receipt of such communication. During this period you will have the right to your request and by yourself or by your attorney at the hearing of the file.
16. Received the discard, the Application Authority shall be issued on it. The non-submission shall terminate the requirement prescribed in article 137 of Act No. 17.285. The resolution of the Implementation Authority shall be preceded by the views of the respective legal body.
17. In cases of expiration of concessions or withdrawal of authorizations granted by the Executive Branch, the Implementation Authority shall follow the same procedure and raise the background for the decree.
18. Without prejudice to the provisions of numbers 13 to 17 above, the Implementation Authority may provide for the preventive suspension of services when any of the grounds for the expiry of the concession or the withdrawal of the authorization are set up, while the actions provided for in the above numbers are taken and until the final measure is made.
19. The preventive suspension shall be mandatory:
(1) If the failure to comply with the substantive obligations relates to the technical capacity and safety of the operation, both due to the lack or deficiencies of the equipment and its maintenance and crew personnel.
(2) Failure to comply with the risk coverage provided for in Title X (Sure) of the Aeronautical Code (Section 6) of Article 135 of Law No. 17.285.
(3) In cases covered by Article 135, paragraphs 4 (o), 5 (o) and 7) of Law No. 17.285.
CHAPTER III -
Violations and sanctions (Article 208) Appearances (Article 208 - 1)20. The transporters, their representatives or agents or third parties who fail to comply with the obligations to provide information shall be punished with "opening" as provided for in Act No. 17.285 and other supplementary rules as well as those expressly required by the Enforcement Authority in the exercise of its powers, provided that this does not constitute a causal provision under Article 135 of Act No. 17.285.
21. The notice imposed sets a precedent for the purposes of recidivism.
Fine (Article 208 − subsection 2 (a)22. (Article 20 of the Decree No. 1492/1992 B.O. 24/8/1992. Watch: from the day of publication.)
23. (Article 20 of the Decree No. 1492/1992 B.O. 24/8/1992. Watch: from the day of publication.)
Violations of the general administrative regime24. In the transport of passengers shall be punished with a fine of two (2) up to one hundred (100) times the value of the current maximum rate for passengers, which corresponds to the greatest route established in the instrument that would have conferred the concession, authorization or service permit, the carrier who commits any of the following infractions:
(1) Use aircraft or personnel, with any function on board, not previously affected to concession or authorization services or promptly informed in the event of the request for operating permits.
(2) Provides or permits instruction, which amounts to a decrease in security conditions, during the development of commercial flights.
(3) Allows them to perform on board, physically or psychically diminished or under the influence of stimulants, narcotics or alcoholic beverages.
(4) It does not discriminate, in its accounting, the accounts and results of the specific activity of commercial air transport, when the activity is carried out in conjunction with other headings of the societal object, in a manner that allows the control provided for in article 133 and in accordance with articles 100, 101 and 128 of Law No. 17,285.
(5) The communication of the transfer of actions shall not be made in the cases provided for in articles 99, paragraphs (4) and 128 of Act No. 17.285.
6) Do not submit to the Air Authority the itineraries, schedules, capacity and frequency of services.
7) It does not submit to the Air Authority the inter-entrepreneurs agreements of any nature and purpose.
8) Do not comply with approved itineraries, schedules, frequencies or capacity.
9) Substitute approved equipment for its services, on the other hand, whatever the reasons invoked.
10) It does not take aboard, or does not submit to the request of the respective Authority, the documentation of the aircraft, its crew, cargo and that which credits the required insurance coverage.
(11) Exercise traffic rights that have not been expressly granted to it in concession, authorization or operation permit.
12) Promote or permit the promotion of unauthorized services or the advertising of unapproved or constructed fees without the existing rules.
13) Surf Argentine territory without authorization or fail to comply with existing rules for overflight or operation.
14) Non-commercial operation in Argentine territory without prior authorization.
(15) Execute unauthorised commercial operation in Argentine territory.
16) It does not comply with the emerging obligations of its status as a service provider, in relation to article 150 of Act No. 17.285.
17) It was reoffending not to provide information in full, provided that this does not constitute a causal provision under article 135 of Act No. 17.285.
18) Do not comply with any requirement or condition contained in the instrument of concession, authorization or permission.
19) It does not comply with the supplementary provisions which, in respect of Act No. 17.285 of the Regulations and other Rules, the Aeronautical Authority shall, in exercise of the powers and powers established by article 133 of the Act.
25. In the transport of cargo shall be sanctioned with a fine of two (2) up to two hundred (200) times the value of the maximum rate in force for one hundred kilograms (100 kg) of load corresponding to the greatest route contained in the instrument of concession, authorization or permit, the carrier who commits any of the following infractions:
(1) Use aircraft or personnel with any function on board not previously affected to the services in concession or authorization or informed in a timely manner in the cases of application for operating permits.
(2) Provides or permits instruction, which amounts to a decrease in security conditions, during the development of commercial flights.
(3) Allows them to perform on board, physically or psychically diminished or under the influence of stimulants, narcotics or alcoholic beverages.
(4) It does not discriminate, in its accounting, the accounts and results of the specific activity of commercial air transport when the activity is carried out in conjunction with other headings of the corporate object in a manner that allows the control provided for in article 133 and in accordance with articles 100, 101 and 125 of Act No. 17,285.
(5) The communication of the transfer of actions shall not be made in the cases provided for in articles 99, paragraph (4) and 128 of Act No. 17.285.
6) Do not submit to the Air Authority the schedules and frequency of services.
7) It does not submit to the Air Authority the inter-firm agreements of any nature or purpose.
8) Do not comply with approved itineraries, schedules, frequencies or capacity.
9) Substitute approved equipment for their services for another, whatever the reasons invoked.
10) The documents of the aircraft, its crew, cargo and crediting the required insurance coverage are not submitted on board or not required by the Authority concerned.
11) The expiration of the risk coverage provided for in Title X of Act No. 17.285, provided that such a deficiency was subsidized within the time of twenty-four (24) hours of the incident and did not reach the employment of the team in the open.
(12) Exercise traffic rights that have not been expressly granted in concession, authorization or operating permit.
13) Promote or permit the promotion of unauthorized services or the advertising of unapproved or constructed fees without the existing rules.
(14) Emitiese documentation incomplete, inaccurate or not corresponding to the actual origin or destination of the cargo to exercise traffic rights that were not granted.
(15) Surf Argentine territory without authorization or fail to comply with existing rules for overflight or operation.
16) Non-commercial operation in Argentine territory without prior authorization.
17) Execute unauthorised commercial operation in Argentine territory.
(18) The existence of restricted or dangerous cargo on board an aircraft operating in Argentine territory or flying over or transporting it without authorization is not declared.
19) It was reoffending not to provide information in full, provided that this does not constitute a causal provision under article 135 of Act No. 17.285.
20) Do not comply with any requirement or condition contained in the instrument of concession, authorization or permission.
21) It does not comply with the supplementary provisions which, in respect of Act No. 17.285 of the Regulations and other Rules, the Aeronautical Authority shall, in exercise of the powers and powers established by article 133 of the Act.
26. In the offences sanctioned by numbers 20, 22 and 23, the primary responsibility shall be the authorized carrier.
27. For the fulfillment of the numbers 22, 23, 24 and 25 will be taken as the basis of the fines:
(1) As the "maximum in force for passengers", the normal economic class, approved by the Aeronautical Authority, which governs at the time of the violation.
(2) As a "maximum charge fee" the general charge rate corresponding to one hundred kilograms (100 kg), approved by the Aeronautical Authority, which runs at the time of the offence.
(3) Like "highest path":
(a) To that of the service whose itinerary covered the greatest distance between all those covered by the concession or authorization of which the transporter national or of foreign flag was entitled to commit the offence.
(b) When it comes to domestic or foreign flag carriers operating under an unrestricted authorization to certain routes or a precarious or sporadic permit, the itinerary served in the service in which the offence was committed shall be taken into account. If the offence is based on the absence of an authorization or permit, the journey between the origin and the destination of the flight in which it is produced shall be considered.
Temporary suspension of services (Article 208 - 428. The temporary suspension of services may be imposed by the Aeronautical Authority for the infractions provided for in the 22, 23, 24 and 25 of the present regulation in substitution of the fine or, as an accessory to the fine, in cases where, in its opinion, the severity and recidivism of the transgressions would make it advisable.
29. The suspension at its highest graduation .seis (6) months will be applied by the same Authority as the instrument of concession, authorization or permit.
(Article 208 - 5)30. The expiry of the concessions or the withdrawal of the authorization or permission shall be applied as a penalty - without prejudice to the provisions of article 135 of Law No. 17.285 - in all cases where the temporary suspension imposed at its highest level is in force as a prior to the imposition of the penalty. It shall be imposed by the same Authority that has rendered the measure that shall grant the concession, authorization or permit of services.
31. The offender shall be deemed to be reoffending that, within four (4) years prior to the date of the offence in question, he has been punished.
32. The amount of fines provided for in Act No. 17.285 and its regulations shall be entered into the Permanent Fund for the Promotion of Civil Aviation.
CHAPTER IV - Implementing authorities
33. The Aeronautical Authorities, which, in accordance with the competition law in each of the areas of the Public Administration, exercise the direction of commercial air transport activities, shall be the Implementing Authorities of this regulation.
34. The first level of the Authority shall be understood as the first instance in all the proceedings to which the Act No. 17 285, this regulation and the supplementary regulations to be issued. It shall serve as a second instance, for appeal, the Authority which, according to the legislation referred to in number 33, is responsible for the integral direction of aeronautical activities.
35. The lifting of matters requiring the decision of the highest instance will follow the structure of authorities resulting from the already cited competition legislation. This procedure will include the background, reports, opinions, views and proposal for the resolution of the Implementation Authority.
CHAPTER V - Procedure
36. The procedure for verifying aeronautical offences shall be initiated on the basis of denunciation or ex officio. Any complaint emanating from State agencies or their officials or agents will result in the initiation of the proceedings, without the need for any other formality. Complaints made by individuals, individuals or legal entities will originate the corresponding investigation only after the ratification of their signatories within five (5) days of being required. Unratified complaints may give rise to the procedure when, at the discretion of the Implementation Authority, they have vertosimility.
37. Officials authorized by the Implementing Authorities upon verifying the existence of an offence shall proceed to the record provided for in article 203 of Act No. 17,285, as far as possible in the presence of the alleged offender and of witnesses containing:
1) Place, date and time in which it extends.
(2) Name and surname of the alleged offender and of all intervening persons, with clarification of the role or position of the signatory agents or officials and their homes.
(3) Names, surnames and addresses of witnesses.
(4) Circumstant relationship of the fact with the intervention that I quota for the accused.
5) Presumably transgressed legal provision.
6) Completion of the aggregate of the material testimony or proof of the offence, if any, (several in violation, guides, etc.).
7) Any other data or element of judgment leading to due clarification of the facts.
38. The records thus broken shall be elevated to the Authority of Implementation, within forty-eight (48) hours, accompanied by any precedent that facilitates the verification of the fact that will motivate the procedure.
39. In cases of denunciation, the record provided for in the previous number by the staff member designated by the Application Authority for the investigation should also be broken.
40. The investigation procedure will be summary and acted. It will ensure the existence of two instances, the inviolability of the right of defence and observe the highest speed in all its proceedings.
41. For the purposes of the investigation, the instructor is entitled to:
(1) Cite the accused, legal representative of companies or entities, witnesses or any other person whose presence considers necessary to clarify aspects of the investigation, directly or through the Authority which designated it.
(2) To make statements, extensions, to practice care and to carry out examinations.
3) Requiring experts and checks.
4) Request reports from public or private authorities.
5) Practice any other diligence that is useful for the investigation.
42. The statement of the accused may be personal or in writing. In the latter case, he shall receive a notice of imputation for his dismissal and evidence, which shall be answered within ten (10) working days on the notice that, if not, his responsibility shall be recognized in the facts attributed to him without prejudice to the continuation of the proceedings in accordance with the records gathered.
43. Without prejudice to the above requisition, the writing of a charge must be returned with the signature of the accused certified by judicial, military or police authority or by public scribe. In the case of legal persons, the signature shall be of its legal representative or acquitted who, at the same time, shall credit the personry they invoke.
44. If the alleged offender provides documentary evidence, they must be forwarded with the derailment writing or presented within three (3) working days after the date of his personal statement, or to that of the discard provided that, in both cases and opportunities, he made his decision to submit such evidence and gave the details of the background to be provided.
45. The alleged offender shall receive at the time when he is required to make a statement or in conjunction with the notification of imputation and discard, the transcription of numbers 42, 43 and 44 of this regulation.
46. The instructor shall proceed to close the proceedings and shall bring the proceedings to the Implementation Authority, with an explanatory report, giving an opinion on how to resolve the case.
Resolution of the proceedings47. Received the proceedings by the Authority of Application and prior Views, and technical report if appropriate, it shall issue the administrative act that resolves the act by notifying the person concerned with copy or by any written and recordable means.
Appeals appeal48. The resolution of the Implementation Authority shall be appealed to the higher instance. The appeal shall be filed within the end of ten (10) working days of notifying the resolution and submitted to the same Authority that had rendered the measure in writing. Without these requirements the resource will be dismissed.
49. During the term of appeal, the person concerned may take the proceedings, at his request, either by himself or through his representative.
50. Admitted to the appeal, the proceedings shall be lodged with the Authority which must resolve the appeal, and the appeal shall be pronounced on the appeal.
51. The extension of proceedings may be made available to the Authority to resolve the appeal, if necessary.
52. Substantiated the new procedures, the accused will be seen for five (5) working days so that, within this term, he will expand his reasons, if he considers it necessary. Following this request, the Authority which intervenes in appeal shall issue a ruling, following the intervention of the legal advice of its unit.
53. The Authority ' s decision to appeal shall exhaust administrative proceedings and shall issue the procedure provided for in article 215 of Act No. 17.285.
