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Microsoft Word - Law No. 2012-011.doc
ION 2012-011 Wearing Malagasy Code of Civil Aviation
The legislation on civil aviation are determined by Act No. 2004-027 of 9 September 2004 on the Code of Civil Aviation. If the former Code contains enough relevant provisions, it is today, however, it seems very restrictive in that it does not take into account all the concerns of the civil aviation sector with international standards and basic legal principles.
Indeed, firstly, Madagascar is party to the Convention on International Civil Aviation of 1944 (Chicago Convention), the State is subject to the obligations under the Convention to ensure proper uniform operation of Aviation International civil. Secondly, it is necessary to insert in the new text of the new legal concepts, bonds and Civil Aviation management principles developed by the Organization of International Civil Aviation Organization (ICAO) . In recent years, ICAO has placed particular emphasis on two priority areas: safety and security. The obligations of States to monitor these essential aspects of Civil Aviation result in the implementation of laws and regulations and control mechanism and stricter sanctions. The standardization at a level globally accepted and applied is the aim of ICAO in its audit visits. The current code only of 2004 but already has shortcomings with respect to recent developments in standards and technology, or from the recommendations of the safety and security audits. While the 2004 text included many advances over the previous response to the recommendations of an ICAO audit in 2000. But in 2008, following new recommendations of the systemic audit of ICAO, Madagascar s is committed to reviewing the legislative part of the civil aviation code to reflect all the provisions of the Chicago Convention, including those on safety oversight, legal instruments ratified by Madagascar and filed ICAO and regional and community agreements on civil aviation which it is party. The additions of the project to the current text then aim to make the most comprehensive to cover all necessary areas from the perspective of the legal framework required or recommended by ICAO. Thus, the development of this Code takes into account among others the following:
- Redefining the responsibilities of the Administration of Civil Aviation and strengthening structures that compose for a particular sector better support the point of view of safety;
- The insertion of a new title on the safety oversight of civil aviation and the introduction of new concepts advocated by ICAO, including the adoption by the operators of the Management System Security ;
- Reframing the national program of civil aviation security; - Empowerment of inspectors of Civil Aviation; - Revision and updating of the offense provisions, sanctions and penalties; - The addition of provisions which were considered missing following the audit; - Accuracy, according to the Chicago Convention, certain provisions and the terms used in parts of the draft Code; and more generally;
- Taking into consideration the provisions of key international and regional treaties of international civil aviation within the particular field of safety, security or the international air transport.
These changes affect all areas covered by seven (07) books that now make up the code after a redevelopment to better coherence:
Book I: Administration of Civil Aviation; Book II: Aerodrome; Book III: Aircraft; Book IV: Aircraft; Book V: Aviation Personnel; Book VI: Air Transport; Book VII: Enforcement and final provisions.
This is the purpose of this Act.
ION 2012-011 Wearing Malagasy Code of Civil Aviation
The Congress of the Transition and the Higher Congress of the Transition adopted in their respective sessions on 22 June 2012 and 28 June 2012, the law which reads as follows:
Article: - This law Malagasy Code of Civil Aviation. It includes seven books: Book 1
Administration of Civil Aviation Book 2: Aerodrome Book 3: Aircraft Book 4: Air Navigation Book 5: Staff Aeronautics Book 6: Air Transport Book 7: Enforcement and final provisions
FIRST BOOK OF DIRECTORS OF CIVIL AVIATION
PART I OF GENERAL
OBJECT AND SCOPE Article L.1.1.1-1 1. To ensure the proper functioning of the Malagasy civil aviation in accordance with the Chicago Convention, this Act is to fix:
a) the composition, functions and powers of the General Administration of civil Aviation; b) the technical plan, legal, administrative and financial airfields and rules of
aeronautical easements; c) the conditions of operation of aircraft; d) the provisions applicable to patents, licenses and aviation personnel qualifications; e) the rules of the movement of aircraft; and f) the operating conditions of air transport.
1. This Act governs civil aviation activities, the status of Malagasy aircraft, their crews and their passengers as well as the rights and obligations of holders of Malagasy aeronautical documents. 2. This Act does not apply to state aircraft. These are state-owned aircraft for which the rules regarding civil aircraft are not applicable. Also considered as State aircraft aircraft used in military, customs or police. The State shall ensure the compatibility of regulations governing state aircraft and civil aircraft and their respective operations. 3. The Malagasy State recognizes that every State has complete and exclusive sovereignty over the airspace above its territory. The person exercising the privileges of aeronautical materials and Malagasy Malagasy aircraft are, as long as they are within the limits of a foreign state, subject to the laws of aeronautics that State. However, for security purposes, the most restrictive regulations continue to apply. 4. Any use of civil aviation for any purpose inconsistent with the aims of the Chicago Convention is prohibited. 5. The aeronautical documents issued abroad, including those issued as part of a responsibility transfer agreement under Article 83 bis of the Chicago Convention, are recognized by the Aviation Authority civil whether the conditions that governed their issuance at or above the minimum standards which may be established pursuant to the Chicago Convention and the Malagasy legislation. The relevant conditions are set out in legislation and issued by the Authority of Civil Aviation.
CHAPTER 2 DEFINITIONS Article L.1.1.2-1 1. For the purposes of this Act, the term:
A) "Administration of Civil Aviation": all public structures under the supervision or under the Minister's responsibility, which are responsible for the enforcement of this Act and its implementing regulations.
B) "Civil Aviation Authority" means the agency with financial autonomy and management, responsible for developing, implementing and monitoring the enforcement of the civil Aviation.
C) "Certification": the process of establishing the competence, qualification or quality that an aeronautical document reports.
D) "Chicago Convention" means the Convention on International Civil Aviation signed in Chicago on 7 December 1944.
e) "airspace of a State": space over the territory of a state. f) "Contracting State": State signatory or acceding to the Convention of Chicago. g) "Minister": the Minister responsible for civil aviation. h) "Organization of International Civil Aviation" Intergovernmental Organization of the United Nations
created by the Chicago Convention, whose mission is to promote the safe and orderly development of international air transport, develop standards, recommended practices and international procedures for the safety, regularity, efficiency and economics of air transport and to ensure cooperation between the Contracting States in respect of all aspects of civil aviation.
I) "Royalties" amounts owed to service providers and to the Administration of Civil Aviation Compensation:
- The services and functions that are provided for the activities of civil aviation; - The use of the works, installations, buildings and equipment.
J) "Territory" as defined in Article 2 of the Chicago Convention, the land areas of a state and the territorial waters adjacent thereto.
K) "National Territory" territory of Madagascar.
TITLE 2 ADMINISTRATION OF CIVIL AVIATION
RESPONSIBILITIES L.1.2.1-1 Article 1. The Minister defines the objectives of the state policy in civil aviation and monitors the results. 2. The Administration of Civil Aviation determines and implements the means to achieve these goals. It is responsible for:
a) ensure the maintenance of safety and security standards; b) ensure healthy competition between operators and providers of facilities and services; c) protect the interests of users and the protection of the environment; and d) ensuring compliance with international obligations undertaken by civil aviation
State; in particular, as such, to provide assistance to achieve the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation.
3. If the Administration of Civil Aviation finds it impracticable to comply with an international standard or procedure, or if it considers it necessary to adopt regulations or practices differing from that standard or procedure, it shall notify the Organization International Civil Aviation in accordance with the Chicago Convention, within a period specified by regulation. L.1.2.1-2 Article 1. The Minister has the power to exempt or classes, in exceptional circumstances and conditions as it considers appropriate, any person, or aeronautical product, aerodrome, facility, application texts governing civil aviation if it considers it in the public interest to do so and that the safety, security and compliance with international conventions to which Madagascar belongs are not affected. 2. The Minister delegate to the Authority of Civil Aviation the powers attributed to him in the preceding paragraph of this article. 3. The granting of an exemption is in accordance with the requirements specified by the Authority of Civil Aviation.
4. The Authority of Civil Aviation may also withdraw any waiver or reject any request for exemption if it considers that the conditions and criteria mentioned in the previous paragraph are not fulfilled or not.
CHAPTER 2 OF FUNCTIONS Article L.1.2.2-1 1. The Administration of Civil Aviation provides the functions "development, implementation and monitoring of the enforcement", "investigation accidents "and" arbitration of disputes. " Article L.1.2.2-2 1. The "development, implementation and monitoring of the enforcement" is ensured by the Authority of Civil Aviation which is developing the economic and technical regulations of the civil Aviation implements them, ensure their implementation and as appropriate, submit proposals to the Minister on matters relating to civil aviation. 2. In the preparation of texts, stakeholders such as partners and users or customers or subject of the civil aviation system can be consulted for their views. 3. In its supervisory role, the Civil Aviation Authority ensures that proactively licensees, certificate, authorization or approval permanently fulfill the established conditions and operate at competence and safety required by this Code, its implementing regulations and standards of the Chicago Convention involved in performing the activity related to aircraft for which they are licensed, certificate, authorization or approval. It has to make this sworn inspectors to ensure the maintenance of safety and aviation security. Inspectors are also empowered to establish criminal offenses in the present text as an agent of the judicial police. 4. This oversight also covers the supervision of staff responsible for the oversight functions of the security on behalf of the Authority. The Authority of Civil Aviation ensures that staff always meets the criteria established and operates at the level of competence and safety required by this Code.
5. For control purposes, the inspectors have the right, within their jurisdiction, to challenge anyone concerned with training, service provision, operation or aircraft maintenance and access any document, equipment , local and facility used for training, service provision, operation or aircraft maintenance. 6. An inspector has the right to prohibit the exercise of the privileges of a license, certificate or document aeronautics same effect when it has reasonable grounds to believe that the continued exercise of these privileges presents danger to the security or the security of civil aviation. 7. An inspector has the right to prohibit the use of aircraft, aircraft components and any equipment or facility where he has reasonable grounds to believe that they pose a danger to the safety or security of civil aviation. Article L.1.2.2-3 1. The "accident investigation" is to develop the regulations on investigations of incidents and aircraft accidents, notwithstanding the requirements of the first paragraph of Article previous L.1.2.2-2 , make such investigations to determine the causes of these incidents and
Accidents and to make proposals to the Minister on ways to prevent and improve the safety of civil aviation. 2. In the preparation of texts, stakeholders such as partners and users or customers or subject of the civil aviation system can be consulted for their views. 3. In fulfilling its function of investigation, the investigation agency has sworn investigators. 4. As part of their investigation, investigators have the right to question any person necessary to the investigation and access any document, equipment, and local installation. Article L.1.2.2-4 1. The "arbitration of disputes" is to hear, consider and determine disputes arising out of civil aviation operations and, as needed, to propose to the Minister of regulatory improvements . 2. In carrying out its functions, the entity responsible for arbitrating conflicts may use one or more independent experts of the conflict.
CHAPTER 3 OF STRUCTURES Article L.1.2.3-1 1. The statutes of the structures constituting the Administration of Civil Aviation are set by decree of the Council of Government. 2. These structures have the means to finance their activities. They can receive a budget allocation of the state at the beginning of each fiscal year and also enjoy the authority to impose and collect fees and royalties.
CHAPTER 4 OF POWERS OF OFFICES OR ACTIVITIES
Article L.1.2.4-1 1. The structures constituting the Administration of Civil Aviation may delegate to competent persons or entities certain powers or activities conferred by this Act, subject to specify the extent and conditions of exercise.
TITLE 3 OF SECURITY
CHAPTER ONE GENERAL
Article L.1.3.1-1 1. All stakeholders in the civil aviation system must contribute, each in regards to the safety of civil aviation.
CHAPTER 2 OF THE SAFETY OVERSIGHT
L.1.3.2-1 Article 1. The Administration of Civil Aviation establishes a safety oversight system that ensures and adequately meets the eight elements following key:
A) the primary aviation legislation; b) the specific operating regulations; c) the organization of civil aviation ensuring the safety oversight functions of the system; d) the qualification and training of technical personnel; e) technical information, tools, and essential safety information; f) obligations licensing, patents, licenses, permits, authorizations and
approvals; g) the obligations of supervision; h) the resolution of security problems.
CHAPTER 3 OF NATIONAL SECURITY PROGRAMME Article L.1.3.3-1 1. The Administration of Civil Aviation establishes, adopts and implements the National Security Program. 2. The National Security Program is an acceptable level of safety and in particular seeks to infuse a just safety culture. Article L.1.3.3-2 1. Operators, as required by the regulations, establish and implement their level a safety management system, approved by the Administration of Civil Aviation. Article L.1.3.3-3 1. For proper management of safety, the Administration of Civil Aviation established under the National Security Programme, a specific reporting system operators and interested individuals have to be supplied. 2. The reporting system is such that unless a deliberate attempt to hurt:
a) the information sources are protected especially vis-à-vis the prosecution for voluntary reports ;
and b) in general, the system is not punitive.
TITLE 4 OF SAFETY
PROGRAM NATIONAL SECURITY Article L.1.4.1-1 1. The Authority of Civil Aviation ensures the development and implementation of the National Civil Aviation Security Programme in order prevent and suppress any threat, any attempt or act of unlawful interference against civil aviation.
2. The provisions of Sûreté National Programme for the organization, coordination of services called to intervene and the measures applied to airports and airline operators are set by regulation. The services called to intervene must act with full knowledge of the provisions prescribed by ICAO. Article L.1.4.1-2 1. It is prohibited for a foreign registered aircraft to land at an aerodrome situated in the territory if the aircraft and for persons and property on board are not subject to security measures at least equivalent to those in force in Madagascar. Article L.1.4.1-3 1. In terms of security, Madagascar cooperates with States and especially those with which it has concluded air services agreements. It also works with international bodies and notify the Organization of International Civil Aviation any information concerning an attempt or an act of unlawful interference that would be perpetrated on any of its airports.
TITLE 5 OF THE IMPLEMENTATION OF ADMINISTRATIVE MEASURES
AND CONTROL CHAPTER I RULES OF ENTRY AND EXIT
Article L.1.5.1-1 1. Administrative measures and controls on entering or leaving the national territory of aircraft, crews, passengers, or goods are established by regulations, in collaboration with authorities concerned, specifying in particular the provisions relating to entry, clearance, immigration, passports, customs and health. Article L.1.5.1-2 1. All aircraft and its cargo shall, before and after a flight, accept checks and any inspections required by current regulations, including customs, police and health.
CHAPTER 2 OF PREVENTING THE SPREAD
DISEASE Article L.1.5.2-1 1. In accordance with international health regulations, effective regulatory measures are taken by the Health Administration in collaboration with relevant entities to prevent the spread by air navigation of cholera, typhus epidemic , smallpox, yellow fever, plague and other communicable disease constituting a public health emergency.
2. The relevant provisions are taken in close consultation with the responsible institutions of international regulations relating to sanitary measures applicable to aircraft. Furthermore, the provisions of any relevant international convention ratified by Madagascar are applied. Article L.1.5.2-2 1. The entities concerned in collaboration with the Administration of Civil Aviation also take drastic regulatory measures phytosanitary and veterinary order, entering and leaving the territory, to ensure maintenance of public hygiene.
TITLE 6 FACILITATION
FACILITATION OF NATIONAL PROGRAMME Article L.1.6.1-1 1. Without prejudice to the provisions of Article L1.5.1-1 above mentioned, the Authority of Civil Aviation develops the national facilitation program civil aviation, which object is to adopt all possible measures to facilitate the movement of aircraft, crews, passengers, cargo, mail and stores, by removing barriers and unnecessary delays. 2. Detailed rules for applying those principles are laid down by regulation.
7 TITLE OF ENVIRONMENTAL PROTECTION
COMPLIANCE WITH ENVIRONMENTAL STANDARDS L.1.7.1-1 Article 1. All civil aviation activities are carried out in full respect of the laws and regulations on the protection of environment including the issue of noise and pollutants from aircraft.
CHAPTER 2 CLIMATE CHANGE
Article L.1.7.2-1 1. The Authority of Civil Aviation ensures the development and implementation of the National Plan on civil aviation and climate change.
TITLE 8 OF CONSUMER PROTECTION
CHAPTER OF CONSUMERS 'INTERESTS Article L.1.8.1-1 1. Air carriers have an obligation to adopt and implement a policy to protect the interests of consumers.
2. The rules of this policy development, in particular the minimum rights for passengers to be included are fixed by regulatory means.
CHAPTER 2 OF REMEDY CONSUMERS
Article 1. The complainant L.1.8.2-1 consumer has not obtained satisfaction with the airline or the airport operator or any service provider or the Authority of Civil Aviation, may file a written complaint with the structure responsible for arbitrating conflicts for any dispute arising from civil aviation activities. 2. The rules for filing and processing of consumer complaints are set by regulation.
TITLE 9 OF THE ACCIDENT INVESTIGATION AND AVIATION INCIDENT
CHAPTER ONE GENERAL
Article L.1.9.1-1 1. In case of serious incidents or aircraft accident, regardless of nationality, which occurs in the country, a technical investigation into the circumstances of a serious incident or the accident was opened by the Malagasy State. 2. It is the same in case of serious incident or of Malagasy aircraft accident occurrence when the state can not be established with certainty. 3. In case of serious incident or accident in international waters near the country but it is lent every possible assistance to the State of registration conducting the investigation. 4. Any investigation of serious incidents and aircraft accidents of Malagasy State is entrusted to the structure responsible for this. This structure may be delegated wholly or partly of activities relating to the investigation or to a third party investigators or specialized agencies which then act in its name, in full independence and objectivity, and report to him. 5. The preceding paragraph does not relieve the Authority of Civil Aviation of audits, inspections and investigations within its competence in connection with its functions as specified in Article L1.2.2-2. Article L.1.9.1-2 1. The conditions of the progress of the investigation to determine the probable causes of the incident or accident and to propose measures to prevent the occurrence of similar cases are laid down by regulations. 2. The process of investigation is independent. Other conditions are, unless otherwise provided by law, in accordance with the relevant requirements of the Organization of International Civil Aviation. This is the responsibilities and prerogatives of the actors of the investigation. 3. The list of investigators is established by regulatory means.
4. The opportunity to appoint observers to attend the technical investigation is given to the State in which the aircraft is registered. Article L.1.9.1-3 1. The investigation is not to determine any liability. 2. As such, no report or part of the structure of relative responsible for conducting investigations of incidents and accidents, as referred to in Article L1.2.2-3, is admitted as evidence or used in the a trial or an action for damages based on the issues addressed in these reports or parts of reports. 3. Investigation reports are published for the benefit of the relevant civil aviation partners. 4. The report and the findings of the technical investigation are communicated to the State which appointed observers. Article L.1.9.1-4 1. The financing arrangements relating to investigations are laid down by regulation.
BOOK 2 TITLE I
AIRFIELD AIRFIELD STATUS CHAPTER
L.2.1.1-1 DEFINITIONS Article 1. For the purposes of this Act, the term:
a) "aerodrome "surface defined on land or on water, for use in whole or in part for the arrival, departure of aircraft and changes to the surface;
B) 'private use Aerodrome "airfield created by a natural or legal person of private law, for private use or that of its employees and guests in a non-commercial purpose;
C) "aerodrome of restricted use" aerodrome intended for activities which, while meeting community needs, technical or commercial, are either limited in their object or reserved for certain categories of aircraft or exclusively performed by certain persons designated for this purpose;
D) "interior Aerodrome" airfield used only for domestic air services; e) "International Aerodrome" aerodrome where the formalities and inspections on entry and
Leaving the country, immigration, the passenger and cargo inspections are performed by qualified agents responsible for monitoring the implementation of the regulations;
F) 'aerodrome open to public air traffic "airfield whose use has no restrictions other than those imposed by the particular characteristics and aircraft specifications;
G) "Helipad Heliport or" surface defined on land or a building to be used exclusively by helicopters.
CHAPTER 2 OF GENERAL Article L.2.1.2-1 1. A fixed-wing aircraft can land or take off in the country as a licensed aerodrome except in case of force majeure or in the course of assistance and rescue operations or under special exceptions granted by the civil Aviation Authority. The derogations specify the conditions and limitations under which they are granted. 2. For other types of aircraft, the specifications for landing and take-off areas are established by regulation. Article L.2.1.2-2 1. airfields are either domestic or international. Domestic airports can not be used in exceptional cases to international traffic. International aerodromes can be used in domestic traffic and should be used in international traffic. 2. An aircraft on an international service should use to start and finish an international airport. It can not be otherwise in an emergency or injunction of the competent authorities. 3. Any landing outside an international aerodrome an aircraft making an international service should be reported immediately to the nearest administrative authority. Article L.2.1.2-3 1. The status, the list and the conditions for opening of an international airport are fixed by regulation. Article L.2.1.2-4 1. If necessary, an aircraft can land on a military airfield on condition that the owner of the aircraft has had the prior authorization from the military authorities. 2. When taking off or landing at a military airfield, the aircraft observed the regulations of the military airfield and obey the instructions of the military authorities.
PART 2 OF CREATION AND CONSTRUCTION OF AERODROMES
CREATION AIRFIELD L.2.2.1-1 Article 1. The conditions for creating and commissioning airfields are established by regulation. 2. The Authority of Civil Aviation publishes and maintains a register of all airfields in service. Article 1. L.2.2.1-2 airports are subject to technical and administrative control of the State, exercised by the Civil Aviation Authority. 2. The terms of this control are set by regulation.
Article L.2.2.1-3 1. The Authority of Civil Aviation may suspend, restrict or remove an aerodrome entitlements. 2. The suspension is imposed when the aerodrome does not fulfill the technical conditions of use, or where such use does not comply with the conditions and limits of the authorization. 3. use restrictions may be taken in case of misuse of the aerodrome or any other case of danger to the safety or security of civil aviation. 4. The withdrawal of an authorization may be decided when the airfield appears dangerous to the safety or civil aviation security or in case of repeated violation of the regulations. 5. The suspension, restrictions and withdrawal are not eligible for any compensation. The operator is entitled to the remedies provided in the regulations to the entity responsible for arbitrating conflicts. 6. The creation, commissioning, suspension, restriction or withdrawal of such authorization lead to the publication of aeronautical information. Article 1. To L.2.2.1-4 national defense reasons, the state can temporarily or permanently replace the operator of an aerodrome. The conditions of this substitution are established by decree of the Government Council. 2. This decree sets out the compensation conditions of the ousted operator on the basis of the administrative case law. 3. In all cases, this compensation should take into account not only the depreciated value of the investments made by the operator based on the effective date of the substitution, but the loss of earnings suffered by the latter, calculated taking the number of years remaining until the normal term of the concession of public works and services, the leasing contract, the party management, or any other form of contract management. It is, however, that with regard to this shortfall, it is applied to an assessment taking into account the methods for calculating the administrative judge in the matter. Article L.2.2.1-5 1. aerodromes are divided into two categories:
a) aerodromes open to public air traffic; and b) not open to public air traffic aerodromes.
Article L.22.214.171.124 1. aerodromes can be created by the State, a local authority or any natural or legal Malagasy nationality Malagasy law. 2. An individual or entity of foreign nationality of foreign law can create an aerodrome subject to obtaining special permission from the Civil Aviation Authority.
CHAPTER 2 AERODROME AIR TRAFFIC OPENED FOR PUBLIC
Article L.2.2.2-1 1. The creation of an airfield belonging to the State, to be open to public air traffic is based on its economic viability or the needs of isolated communities. 2. The aerodromes to be open to public air traffic are created by decree of the Minister of Civil Aviation after opinion of the Authority of Civil Aviation. 3. An airfield is open to public air traffic when security conditions are guaranteed. 4. The opening of an airfield to public air traffic is ordered by decision of the Authority of Civil Aviation after investigation. 5. Any aerodrome open to international public air traffic, must be certified by the Authority of Civil Aviation which is to ensure that the holder of the aerodrome certificate is competent to ensure that the aerodrome, the associated airspace and operational procedures provide the necessary security for their use by the aircraft. 6. aerodrome certification conditions determined by regulation. 7. An aerodrome open to public air traffic may at any time, for reasons of public order or security, be subject to restrictions on its use or be temporarily or permanently banned. 8. The characteristics of the installations, facilities and services at aerodromes open to public air traffic are determined by regulations based on traffic and needs. L.2.2.2-2 Article 1. The State may entrust to local authorities, individuals and legal entities in respect of works concession and public services, leasing contract, of party management, or any another form of contract management, design, construction, operation and maintenance of aerodromes open to public air traffic belonging to it under the conditions laid down by regulation. Article L.2.2.2-3 1. The conditions under which aerodromes open to public air traffic are built, operated and maintained, are set by regulation. Article L.2.2.2-4 1. aerodromes open to public air traffic subject to a classification established by regulation taking into account the nature and the volume of traffic and, where appropriate, constraints of public services and specifications resulting from standards.
CHAPTER 3 AERODROMES NOT OPEN TO THE AIR TRAFFIC
PUBLIC Article L.2.2.3-1 1. Non aerodromes open to public air traffic include:
a) aerodrome for the exclusive use of the state, whose military airfields; b) Restricted Aerodrome as defined in Article L2.1.1-1, b); and c) the private use aerodromes.
Article L.2.2.3-2 1. The creation of restricted use aerodromes and airfields for private use is subject to the prior approval of the Authority of Civil Aviation. The conditions of their creation, their operation and maintenance are set by regulation.
TITLE 3 SERVITUDES AVIATION
CHAPTER ONE GENERAL
L.2.3.1-1 Article 1. To ensure the safety of aircraft in the vicinity of aerodromes, aeronautical easements are established as provided by the regulations. 2. Aeronautical easements include:
a) the release of easements; b) markup easements; and c) radio easements.
Article L.2.3.1-2 1. The provisions relating to aeronautical constraints apply:
a) an aerodrome for public air traffic, whether created by the State or by persons or entities other which state ;
B) certain aerodromes not intended for public air traffic under the conditions laid down by regulation;
C) facilities aids to air navigation, aeronautical telecommunication and the interesting meteorology facilities the Safety of Air Navigation, without prejudice to the provisions relating to easements in the interest of transmissions and radio reception;
and d) at locations corresponding to preferential crossings for air navigation.
Article L.2.3.1-3 1. If necessary, provisional safeguard measures may be taken by decree after a public inquiry. Such provisional measures shall cease to apply if, within two years after that decree, they have not been included in a duly approved release plan.
CHAPTER 2 OF RELEASE OF AIRCRAFT AND DEVELOPMENT SERVITUDES
Article L.2.3.2-1 1. The aeronautical clearance easements are intended to remove dangerous obstacles for air traffic or which may harm the existing security devices. Article L.2.3.2-2 1. The use, within areas under the influence of clearing easements, dangerous device for the safety of civil aviation, including lasers, is prohibited. The implementation of this article is fixed by regulation. Article L.2.3.2-3 1. The technical specifications which must be the basis for the establishment of clearing easements, and the modalities and procedures for the implementation of these specifications are set by regulation. Article L.2.3.2-4 1. Under the influence of aeronautical easements release any natural or legal person who settles after the creation of an airport may not institute any action for damages for nuisance caused by the normal operation of that airport. To this end, the administrative authorization date airport construction prevail.
CHAPTER 3 SERVITUDES AVIATION MARKUP
L.2.3.3-1 Article 1. The aeronautical easements markup impose the obligation to provide certain obstacles, natural or artificial, dangerous for air traffic, visual devices radio equipment or signaling their presence to the drivers and to identify them. 2. The characteristics, conditions and procedures implementing visual or radio equipment devices are set by regulation.
CHAPTER 4 SERVITUDES RADIO
Article L.2.3.4-1 1. radio easements are intended to provide clearance for the proper functioning of equipment. 2. The characteristics, terms and procedures of implementation of radio easements are established by regulation.
TITLE 4 OF SAFEGUARD CHAPTER OF THE PROTECTION OF AIRPORT AREA
Article L.2.4.1-1 1. The protection and conservation of the airport site is for all airport authority or operator of aerodrome to:
a) ensure, in general, the protection and conservation of the airport site
against degradation and illegal occupation; b) ensure compliance with laws and regulations relating to environmental protection in the
airport site; c) ensure compliance with the standards:
i. the use in public areas, surfaces, local and all other amenities
made available to the public, the various economic players, dealers and other users located within the airport;
Ii. the use or operation in restricted areas, surfaces, buildings, structures, facilities, equipment and all other amenities available to passengers and different operators, dealers and other users of the airport area;
Iii. ground traffic of people and vehicles; iv. easements release of the zoning plan, the manager of the aerodrome
plan and land use map located within the airport.
D) ensuring compliance with health and safety standards within the airport; e) ensure the implementation of the emergency plan and the airport security plan.
2. The provisions of this Article shall be determined, if necessary, by regulation. Article L.2.4.1-2 1. Removal of an aircraft mishap for any reason whatsoever, a track, a band, a taxiway, area or their releases should be done by the owner or by the aircraft operator on the orders it receives from airport authorities and airport operators. 2. If the owner or the aircraft operator summoned does not care to make the removal operations, the airport authority or the airport operator may take office all necessary steps to identify tracks, strips, taxiways or areas and their clearance risk and expense of the owner or the aircraft operator. 3. The same provisions can be taken by the airport authority or the airport operator in case the owner of a vehicle, object and animals constituting an obstacle, is not diligence in performing work kidnapping. In this case, removal is done at the expense and risk of the owner.
CHAPTER 2 UPDATE LAND RESERVE
L.2.4.2-1 Article 1. The Authority of Civil Aviation, to the creation or expansion of aerodromes open to public air traffic, may, depending on the legal process of eminent domain, reserve land and encumber aeronautical easements. 2. The lands are declared "reserved" by decree in Council of Government on a proposal of the Minister of Civil Aviation and the Minister of Planning. Article L.2.4.2-2 1. The field will not be final after approval by the competent authorities of the relevant development plan.
EXPROPRIATION FOR CIVIL AVIATION L.2.4.3-1 PURPOSES Article 1. The land, buildings and facilities for aerodromes and air navigation aids may be expropriated for exclusive use of civil aviation in accordance with legal and regulatory provisions.
CHAPTER 4 SAFETY AERONAUTICAL TELECOMMUNICATIONS
L.2.4.4-1 Article 1. To ensure the safety of aeronautical telecommunications and air traffic, the Authority of Civil Aviation may prohibit the vicinity of aerodromes, in an area that shall define , employment by individuals transceiver devices that could interfere with the frequencies used by the air navigation services. Article L.2.4.4-2 1. In accordance with international conventions, the Authority of Civil Aviation and Telecommunications Authority jointly decide on measures designed to avoid interference and jamming of aeronautical telecommunications by establishing, if applicable, the radio easement necessary.
CHAPTER 5 THE BIRD HAZARD
Article L.2.4.5-1 1. Breeding birds near an aerodrome is prohibited under penalty of destruction facilities and the entry of birds. 2. The development and use of dumps near an airfield is forbidden under penalty of destruction facilities. 3. The Authority of Civil Aviation may prohibit certain types of crops that attract birds near an aerodrome and order the destruction of crops. 4. The Authority of Civil Aviation defines, by regulation, perimeters around aerodromes within which the activities mentioned in the preceding paragraphs are prohibited. 5. The costs of the destruction of facilities and crops mentioned in the preceding paragraphs are the owner.
TITLE 5 OF OPERATIONS AIRFIELD
CHAPTER ONE GENERAL
L.2.5.1-1 Article 1. Any natural or legal person may operate an aerodrome provided it complies with the regulations in force, including that relating to safety, security and environmental protection, and not to exercise the functions of economic and technical regulation associated with civil aviation.
2. Notwithstanding paragraph 1, the Civil Aviation Authority is authorized exceptionally and temporarily to operate aerodromes under the conditions laid down by regulation.
CHAPTER 2 RESPONSIBILITIES OF AERODROME OPERATOR
OPEN AIR TRAFFIC PUBLIC L.2.5.2-1 Article 1. The operator of an aerodrome open to public air traffic in order to ensure safety and security, can prohibit any person and any vehicle to enter, drive or park in restricted areas. Article L.2.5.2-2 1. The aerodrome operator open to public air traffic should enable the Civil Aviation Authority of agents to access any place necessary to conduct security audits and safety, inspections, tests and checks required by the regulations.
CHAPTER 3 OF NON-DISCRIMINATION OF USERS Article L.2.5.3-1
1. The aerodrome operator open to public air circulation ensures open access and non-discrimination in the use of facilities and services and in the application of charges under uniform conditions for all aircraft. Article L.2.5.3-2 1. The conditions of allocation of slots at aerodromes must respect the principle of transparency and neutrality.
TITLE 6 CHARGES
ROYALTY AVIATION AERODROME Article L.2.6.1-1 1. aeronautical charges, fixed without discrimination on grounds of nationality, are caused by aircraft operators and the public and are recovered in the established conditions by service providers. 2. Aircraft of States with which Madagascar has signed international conventions providing for the exemption from payment of airport fees are exempt from payment. 3. The nature and amounts of aeronautical fees are set by the organization providing the service under the conditions laid down by regulation and the following principles:
a) the calculation is made based on the costs to be recovered for services rendered; b) costs related to the data are available for inspection; and c) the introduction of new charges or increase the amounts follows the
compulsory prior consultation with users.
4. Relevant information on aeronautical charges set by service providers according to the principles set out in the preceding paragraph must be communicated to the Authority of Civil Aviation. 5. Approval of fees shall be determined by regulation. These fees are published by means of Aeronautical Information thirty (30) days before their entry into force. 6. The nature and amounts of aeronautical fees are published and communicated to the Organization of International Civil Aviation. 7. In case of non-payment of amounts owed by the operator of the aircraft, service providers are allowed to require the responsible air traffic authority on the airfield the aircraft will be retained until to deposit the amount of money in dispute in accordance with the regulatory provisions.
CHAPTER 2 EXTRA CHARGES AVIATION AERODROME
L.2.6.2-1 Article 1. Any commercial activity in the aerodrome, of whatever nature, must obtain the prior permission of the aerodrome operator who may impose extra aerodrome aeronautical charges at the person or entity that conducts its business. 2. The nature and amounts of these aeronautical extra fees are established by the aerodrome operator. 3. These extra aeronautical charges are collected according to the conditions established by the aerodrome operator.
7 TITLE OF GROUND HANDLING SERVICES CHAPTER I. GENERAL CONDITIONS
Article L.2.7.1-1 1. Every air carrier is free to perform its own ground handling services or to appeal to providers offering these services. 2. The Authority of Civil Aviation may limit the number of suppliers for groundhandling services for reasons of safety and control, particularly in capacity of an aerodrome infrastructure. Article L.2.7.1-2 1. All air carriers and all service providers wishing to operate ground handling services must obtain prior approval attesting to their economic and technical, issued by the Authority of the 'civil Aviation. The conditions of issue of the approval will be determined by the Authority of civil aviation through regulation.
3 AIRCRAFT BOOK TITLE I GENERAL CHAPTER OF
DEFINITIONS L.3.1.1-1 Article 1. For the purposes of this Act, the term:
a) "Aircraft" means any machine that can derive support in the atmosphere from reactions of the air other than the air reactions on the surface of the earth.
B) "Certificate of Airworthiness" document whereby, security, the Competent Authority permits the use of civil aircraft to air traffic; is issued when the competent authority is satisfied that the aircraft conforms to an approved type. The airworthiness certificate is the document specified in Article 31 of the Chicago Convention.
C) 'aircraft operator "means a person, organization or company that engages or proposes to engage in the operation of one or more aircraft.
D) "Aerial Work" aerial activity during which an aircraft is used for specialized services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertising, training.
E) "Ultra light motorized" very small tonnage of aircraft whose type is not certified. f) "Flight general aviation" flight other than a commercial air transport operation or aerial work. g) "commercial air transport flight": passenger flights, cargo and mail, carried
against remuneration or a lease.
CHAPTER 2 ultralight MOTOR
L.3.1.2-1 Article 1. The specifications defining the conditions of navigability and operating motorized ultralights are set by regulation.
PART 2 OF AIRCRAFT REGISTRATION
CHAPTER OF NATIONALITY AND REGISTRATION Article L.3.2.1-1 1. An aircraft can not move if it is registered. 2. A national aircraft registry for the registration of civil aircraft is opened and maintained under the responsibility of the Civil Aviation Authority. 3
. The conditions of entry and withdrawal of an aircraft from the register are fixed by regulation. 4. Registration or use of an aircraft or aircraft part is prohibited if the Civil Aviation Authority is not able to monitor security related thereto. It may also be so in the case of annotated airworthiness certificate in the circumstances set out in Article L3.6.1-4.
Article L.3.2.1-2 1. An aircraft must be registered in Madagascar it is based or operated sustainably on the Malagasy territory as determined by regulation. Article 1. After L.3.2.1-3 justification for non registration or cancellation of registration in the register of another State, an aircraft may be registered in the national aircraft registry of registration under the conditions laid down by regulatory. Article L.3.2.1-4 1. The aircraft registered in Madagascar has Malagasy nationality. Article L.3.2.1-5 1. aircraft with a type certificate of airworthiness or equivalent, used for air navigation, bears the marks of nationality and registration of its own.
2. Registration for the fixed license register the identity of the aircraft, attested by a registration certificate with specifications laid down by regulation. Article L.3.2.1-6 1. The Authority of Civil Aviation provides, on request, to any other Contracting State to the Organization of International Civil Aviation, information about the registration and ownership of any aircraft registered in Madagascar. In addition, it provides the Organization of International Civil Aviation Organization, under such regulations as the latter may prescribe, giving such pertinent information that can be made available concerning the ownership and control of aircraft registered in Madagascar and usually employees in international air navigation.
TITLE 3 OF THE PROPERTY OF AIRCRAFT
PROPERTY TRANSFER Article L.3.3.1-1 1. Aircraft are personal property to the rules set by the Civil Code. 2. The transfer of ownership must be in writing and is effective against third parties by registration in the registration record. Any deaths property transfer and any conveyance judgment constitutive or declarative property must be registered in the register. It is up to the new owner to make the request.
TITLE 4 OF RIGHTS IN AIRCRAFT CHAPTER
PRIVILEGES Article L.3.4.1-1 1. Aircraft remain assigned to the debt that the law states preferred for furniture. 2. The claims listed below enjoy a privilege that overrides that of the claims referred to in Article 162 of Law No. 2003-041 of 3 September 2004 on security:
a) legal costs incurred to achieve the sale of the aircraft and the distribution of prices
the common interest of creditors; b) the compensation due for salvage of the aircraft; c) expenses necessarily incurred for its preservation; d) claims arising from the contract of the flight crew members and
Other persons employed to serve the board, but in regard to wages, for a period of six (6) months; and
e) devices use charges and aids to navigation and landing.
L.3.4.1-2 Article 1. The rank of privileged claims under Article L3.4.1-1 is determined by the order established in this article. Any debt mentioned in the same paragraph has the same rank. 2. The claims referred to in subparagraphs b) and c) of Article L3.4.1-1 are reimbursed by preference in reverse order of the dates of their birth. 3. There is no change in the order of the privileges of Article 162 of Law No. 2003-041 of 3 September 2004 on security interests that are not included in the enumeration of the above article. However, these privileges will rank senior mortgage if the facts of the claim occurred before the registration of the mortgage and if before that registration, the creditor is in possession of the aircraft. 4. The privileges listed in the second paragraph of Article L3.4.1-1 settled informally. They cover the aircraft if it is transferred or the insurance indemnity. Article L.3.4.1-3 1. The liens cease:
a) along with the claim and no later than the expiration of a period of six (6) months, running from the day where the damage was caused; in all other cases, from the payment falls due;
B) in the case of forced sale; and c) in case of voluntary sale, if it was not opposed in the hands of the purchaser in a
within fifteen (15) days after registration.
CHAPTER 2 OF MORTGAGE Article L.3.4.2-1 1. Aircraft may mortgages; they can not be mortgaged by agreement of the parties. The mortgage is registered in the registration record in the conditions fixed by regulation. Article L.3.4.2-2 1. The contract by which the mortgage is made shall be in writing. The constitutive mortgage security may be in order; in this case, his negotiation by endorsement carries the transfer of the mortgage law.
L.3.4.2-3 Article 1. The mortgage may be created in a building aircraft. In this case, the mortgage must be preceded by a statement to the officer responsible for keeping the vehicle register; he is issued a receipt of the declaration. Article L.3.4.2-4 1. Liens and Mortgages on aircraft extend any object, which is not a part of the aircraft, it is permanently attached to each destination. Article L.3.4.2-5 1. If there are two or more mortgages on the same aircraft, their rank is determined by the order of priority of registration dates. The mortgages registered on the same date become competitive despite the difference in hours of registration. 2. The entry retains the mortgage for ten years from the day of its date. The effect ceases if the registration has not been renewed before the expiry of that period on the registration register. 3. The mortgage registration ensures the same level as the capital three years of interest, in addition to the current year. Article 1. L.3.4.2-6 mortgage registrations are canceled or the consent of the parties having capacity for this purpose, whether pursuant to a final judgment spring or a res judicata. Article L.3.4.2-7 1. If the constituent mortgage deed can not be represented and if it is not in order, the statement is made by both parties in the deed of release. Article L.3.4.2-8 1. The Civil Aviation Authority shall issue to all who require the state of mortgage registrations remaining on the aircraft or a certificate that none exists . Article L.3.4.2-9 1. creditors with mortgage on an aircraft the following in any change of ownership, to be collocated and paid according to the order of registration and after preferred creditors.
CHAPTER 3 OF THE PURGE OF MORTGAGE
Article L.3.4.3-1 1. The purchaser of mortgaged aircraft that wants to ensure prosecution authorized by the previous L3.4.2-9 Article, shall, before the prosecution or the fifteen period of notify all creditors listed on the register, which the domicile elected by them in their inscriptions:
a) an extract from his only title indicating the date and nature of the title, the name of the manufacturer, type, nationality and registration marks of the aircraft;
B) a table of three (3) columns contain the first date of registration, the second on behalf of creditors, the third the amount of registered claims;
C) the statement that he is ready to perform on the field, the mortgage debt up to their prices indiscriminately due or not debt;
and d) an indication of where the aircraft is, and where it must remain until the deadline given to the creditors to require the auction, and also, if that auction is required through the contract that will follow.
2. Buyer must hardly nullity of notification under the preceding paragraph to maintain the aircraft at the place indicated. 3. In case of temporary displacement, due to force majeure or pursuant to an administrative order, the periods referred to in paragraph 1. ceases to accrue during the time the aircraft passes out of the place named. L.3.4.3-2 Article 1. Any registered creditor may request the auction of the aircraft by offering to bring the price to a tenth supplement and provide security for the payment of the price and expenses. 2. auctioning requisition must be signed by the creditor and served on the purchaser within ten (10) days of notification. It contains summons before the trial court where the aircraft is located, to see cause to be made to the required results. 3. The auction takes place at the behest either of the creditor who has requested it or to the purchaser in the manner established for foreclosure sales. 4. The tariffs to be charged by the administration with respect to acts concerning aircraft mortgages are fixed by order made by the Minister.
ENFORCEMENT MEASURES CHAPTER I SEIZURE AND EXECUTION OF FORCED SALE OF AIRCRAFT
Article L.3.5.1-1 1. The seizure and forced sale of aircraft are made in the manner prescribed by this Chapter. 2. It may not be the seizure that twenty-four (24) hours after the demand for payment made to the owner or person at his home. Article L.3.5.1-2 1. The entry is made by a bailiff. 2. The content of the input of the minutes inscriptions is fixed by regulation. 3. seizing must, within three days, notify the owner copy of the seizure report and make the quote before the civil court of the place of seizure to see that it will be completed the sale of seized items .
4. If the owner is not domiciled in the jurisdiction of the place of seizure court citations and notifications will be issued in the person of the pilot in command of the aircraft seized him, or in his absence, in the person of representing the owner or pilot in command; the period is extended to fifteen (15) days if he is domiciled in Madagascar. 5. If the owner is domiciled outside of Madagascar, not shown, quotations and meanings will be given as prescribed by the Code of Civil Procedure, subject to any other provision of international treaties. Article L.3.5.1-3 1. The input-minutes are transcribed in the registration record within a period of three (3) days, if the court is to hear of the seizure and its aftermath is the court Trial of Antananarivo, this period is extended to fifteen (15) days in all other cases. 2. Within eight days, the agent responsible for keeping the vehicle register delivers a state of registration and within three days, with increasing delay because of the distances as stated above, the input is denounced to the registered creditors to those addresses in their registrations with the indication of the day to appear before the civil court. 3. The period of notice is calculated at distances as stated in paragraph 1. Article L.3.5.1-4 1. The court shall by its judgment the reserve price and terms of sale. If the day fixed for the sale, it does not offer the court judgment indicated by the date on which the auction will take place on a new a price lower than the first, and that is determined by the judgment. Article L.3.5.1-5 1. The sale of execution is at the hearing of the auctions of the Civil Court, fifteen (15) days after the affixing of posters:
A) at the main gate of the civil court in which we must proceed; b) in the public area of the aerodrome on which the aircraft is located; and c) at the door of the registration office of the aircraft.
2. This poster is also inserted in newspapers designated to receive legal advertisements of the jurisdiction. 3. The content of the inscriptions of this poster and the ad is set by regulation. Article L.3.5.1-6 1. The court may, however, order that the sale be made in another court of first instance or in the study and by department or a notary or other public officer instead aircraft seized is. 2. In these cases, the decision regulates local advertising. Article L.3.5.1-7 1. The successful tenderer shall record its price to cash Treasury within twenty-four (24) hours of the auction hardly irresponsible bid.
2. The execution creditor shall, within five (5) days, submit request to the president of the civil court to commit a court in which he cited the creditors, for documents served to those addresses, to the effect agree amicably on the distribution of prizes. 3. The notice period is two weeks without increasing due to the distance. 4. Will be deducted from the contract price before distribution, court costs made in the common interest of creditors to achieve the sale and distribution of prizes, including childcare costs. ArticleL3.5.1-8 1. If the creditors do not agree on the distribution of the price, it will be recorded in minutes of their claims and contradicted. 2. Within eight days, each creditor must file at the Registry of the Civil Court a request for collocation with supporting titles. 3. At the request of the more diligent, creditors are summoned before the court ruling with regard to everyone, including preferential creditors. Article L.3.5.1-9 1. The judgment shall be served within thirty (30) days from the date the address for service of each of the parties present or defective, the judgment is not subject to objection. 2. It can be an appeal within a period of eight (8) days from the date of service of the judgment, further delays distances provided in civil procedure. 3. The notice of appeal contains summons and statement of the complaints to be valid. 4. Within eight (8) days after the expiration of the appeal period, and there is an appeal within eight (8) days of the judgment, the already appointed Judge takes stock of receivables collocated principal, interest and costs. 5. order by the bankruptcy judge, the clerk of the civil court shall issue slips enforceable collocation. The same order authorizes the radiation by the clerk of the commercial court, inscriptions non collocated creditors. It is this radiation process on the request of any interested party.
CHAPTER 2 OF ARREST
L.3.5.2-1 Article 1. When the owner of the aircraft is not domiciled in Madagascar, or the aircraft is of foreign nationality, any creditor the right to practice a seizure with permission of the president of the trial court in whose jurisdiction is located the place where the aircraft has landed. 2. A judge must release the seizure if the owner has to deposit a security equal to the amount of the debt claimed and may order the release by fixing the amount of security to be provided in case of dispute about the extent of debt. This bond is deposited to a fund of the Treasury.
. In case of damage to the surface or by the fall of a foreign aircraft whose owner is domiciled abroad, all responsible agents, Article L7.1.3-1, the finding of infringements of this law and its implementing legislation, can call on the police to detain the aircraft for forty-eight (48) hours, to allow the president of the trial court to arbitrate the amount of damage caused and offenses, fines and expenses incurred. The president of the court may, where appropriate, the need for a skilled person. 4. however, are exempt from seizure Aircraft assigned exclusively to a state service station included, except trade, aircraft used exclusively in service on a regular line of public transportation and spare parts and accessories needed for their use provided they are of foreign aircraft, they have returned regularly on national territory and that reciprocity is provided. 5. Is also void under Article 27 of the Chicago Convention, any seizure on the ground that the construction, mechanism, parts, accessories or operation of the aircraft engaged in aerial navigation international would affect the rights of any patent, design duly issued or deposited in the national territory; being also agreed that it is required in any case a deposit due to the exemption from seizure or detention of the aircraft referred to above. It is the same storage of spare parts and equipment for aircraft and the right to use and assemble these parts and equipment during repair of a Malagasy aircraft in the territory of a other State. Article L.3.5.2-2 1. Officers in Article L7.1.3-1 the detection of offenses under this Act and its implementing regulations have the right to appeal, as provisional measures, all Malagasy nationality or foreign aircraft that do not meet the conditions laid down by regulations.
TITLE 6 AIRWORTHINESS OF AIRCRAFT
CHAPTER I. GENERAL CONDITIONS Article
L.3.6.1-1 1. Every aircraft engaged in aerial navigation shall be provided with a certificate of airworthiness issued or validated by the State in which it is registered. 2. For aircraft not compliant with the requirements of the Chicago Convention, the issue of an equivalent document airworthiness certificate by the Authority of Civil Aviation allows them to fly only above the national territory. L.3.6.1-2 Article 1. Any aircraft or aircraft component, which has not passed a point in a Malagasy technical specification or standard of the Organization of International Civil Aviation Airworthiness or performance during the establishment of its airworthiness certificate, must have as an annotation on its certificate of airworthiness, or attached to it, the complete enumeration of the details on which the aircraft or the element aircraft deviates from this specification or standard.
2. An aircraft whose airworthiness certificate is annotated can not participate in international navigation without state permission or States on whose territory it enters. 3. The provisions of this chapter do not apply to aircraft or to aircraft equipment types whose prototype was submitted to the competent national authorities for approval before the expiry of three years following the date of adoption of an international standard of airworthiness for such equipment. Article L.3.6.1-3 1. An aircraft that is not registered in the register Malagasy is allowed to run only if it is provided with a valid certificate of airworthiness or a flight permit issued by its State registration and recognized as valid by the civil Aviation Authority. Article L.3.6.1-4 1. The requirements for obtaining and maintaining the airworthiness certificate are laid down by regulation for each category and type of aircraft.
CHAPTER 2 OF THE TYPE CERTIFICATION
Article L.3.6.2-1 1. The design, construction or assembly of an aircraft in Madagascar can only be made after approval of the Authority of Civil Aviation. The procedure for such approval are fixed by regulation.
CHAPTER 3 MONITORING AIRWORTHINESS
Article L.3.6.3-1 1. The nature, extent, frequency and conditions of navigability controls are laid down by regulation of the Authority of Civil Aviation for each category and type of aircraft. Article L.3.6.3-2 1. The Authority of Civil Aviation performs periodic inspection or control, subsequent repair of aircraft. 2. It may appoint a qualified organization to carry out this mission under his supervision. 3. If the airworthiness and safety requirements can not be met, the aircraft is grounded. 4. The implementing rules of the inspection of the aircraft are determined by the Authority of civil aviation through regulation. Article L.3.6.3-3 1. parts and aircraft components may be used only when their seaworthiness meets the requirements set by the authority of civil aviation through regulation. 2. The sale or installation on an aircraft of any part or component conforms unrecognized by the Civil Aviation Authority is prohibited.
THE APPROVAL OF BUILDING WORKSHOP OR AIRCRAFT MAINTENANCE Article L.3.6.4-1 1. The establishment or company located in Madagascar, having as aircraft construction activity or of aircraft components, must be approved by the Authority of civil Aviation and submit to supervision. 2. The establishment or business, having as activity maintenance of aircraft or aircraft components, must be licensed, authorized by the Authority of Civil Aviation and submit to supervision.
TITLE 7 OPERATION OF AIRCRAFT CHAPTER
COMMERCIAL OPERATIONS FIRST
L.3.7.1-1 Article 1. No person may operate a courtesy aircraft unless n ' has obtained an air operator license issued by the Authority of civil Aviation. 2. In the case of public air transport services, the operating license and air operator's certificate held together instead of air operator certificates. Article L.3.7.1-2 1. The conditions of the issuance, renewal, monitoring, as well as suspension or withdrawal of the operating license and air operator's certificate are laid down by regulation.
CHAPTER 2 OPERATIONS IN GENERAL AVIATION AIRCRAFT
Article L.3.7.2-1 1. Operating procedures and authorizations for general aviation flights are set by regulation. BOOK 4
AIR NAVIGATION TITLE OF GENERAL CHAPTER
L.4.1.1-1 DEFINITIONS Article 1. For the purposes of this Act, the term:
a) "navigation aid" means any visual or electronic device located on board an aircraft or to the surface of the earth, or any satellite system that provides the guide from one point to another or the position data to an aircraft in flight.
B) "Air Traffic" means all aircraft in flight and aircraft operating on the movement area of an aerodrome.
C) "air traffic controller": person holding a valid license authorizing it to perform air traffic control.
D) "aircraft documents": registration certificate, certificate of airworthiness, appropriate licenses for each member of the crew, logbook, license of radio station of the aircraft is equipped with radio devices, names and places of embarkation and destination passengers as appropriate, clear and detailed cargo declarations as appropriate.
E) "air traffic services": services provided to:
i) prevent: • Collisions between aircraft; • Collisions between aircraft and obstructions; • on the maneuvering area, collisions between aircraft and vehicles;
Ii) accelerate and orderly flow of air traffic; iii) to notify appropriate organizations regarding aircraft in need of aid organizations of
search and rescue, and assist such organizations as required. They include flight information service, alerting service, advisory service, air traffic and service of air traffic control including regional control, approach control and aerodrome control.
f) "air navigation services" includes air traffic services (ATS), the
aeronautical telecommunications service (COM), meteorological services (MET) for aviation, search and rescue services (SAR) and the aeronautical information services (AIS). These services are provided to air traffic during all phases of operation.
g) "special areas or special status" zones identified on aeronautical charts by
delimitations and comprising: i) Hazardous Area:
airspace of defined dimensions, within which activities dangerous to the flight of aircraft may exist at specified times.
Ii) air defense identification zone (ADIZ): Airspace designated special, defined dimensions within which aircraft must undergo special procedures for identifying and / or reporting more follow the procedures of air traffic services (ATS).
Iii) Prohibited Area: An airspace of defined dimensions, above the territory or territorial waters of a State, within which the flight of aircraft is prohibited.
Iv) Regulated Zone: An airspace of defined dimensions, above the territory or territorial waters of a State, within which the flight of aircraft is subject to certain specified conditions.
NAVIGATION SERVICE PROVISION Article L.4.1.2-1
AIR 1. The conditions of the construction of facilities aid to air navigation, as well as the operation, maintenance of navigation services air and the terms of their concession are set by regulation.
2. Air navigation services are provided to all aircraft operating in the Malagasy airspace regardless of their nationality or that of their operators. 3. The air navigation service providers must be certified by the Authority of Civil Aviation which ensures that service providers are responsible for ensuring the security and safety of air traffic. 4. The certificate of air navigation services provider covers Air Traffic System (ATS), flight procedures (PANS / OPS), aeronautical telecommunications (COM), aeronautical meteorology (MET), Aeronautical Information ( AIS), aeronautical mapping (MAP), and research and aircraft rescue (SAR). 5. No person may provide such services unless it has obtained a certificate issued by the Civil Aviation Authority. 6. The areas and conditions of issuance of the air navigation service provider certificate are set by regulation. Article L.4.1.2-2 1. Aircraft can move freely, respecting the rules of air traffic above the national territory, outside the specific areas mentioned in the next paragraph. 2. Nevertheless, overflights and landing can be regulated or banned for reasons of national security. 3. The structure, classification, communication and rules on the use of airspace, the delimitation of areas and control areas, areas with special statutes are set by regulation.
CHAPTER 3 AIR TRAFFIC
Article L.4.1.3-1 1. Organizations and procedures for air traffic service providers to aircraft on the national territory are established by regulation. 2. No person may provide services to air traffic unless it has obtained an operating license issued by the Authority of Civil Aviation. 3. The conditions for issuing the operating license of the air traffic services are determined by regulations.
CHAPTER 4 AERONAUTICAL TELECOMMUNICATIONS
Article L.4.1.4-1 1. The Authority of Civil Aviation fixed by regulation measures aimed at the establishment of an aeronautical telecommunications network. L.4.1.4-2 Article 1 shall be determined by regulation
A) the characteristics of equipment that are part of the aeronautical telecommunication system;
B) the conditions of the installation, operation and maintenance of equipment; and c) the conditions of approval of such equipment.
L.4.1.4-3 Article 1. It is prohibited for any person to perform a function related to the installation, maintenance or operation of aeronautical telecommunications equipment unless it n 'has successfully completed training on the exercise of this function and it has been certified for this purpose, issued by the Authority of civil Aviation.
CHAPTER 5 INFORMATION AND AERONAUTICAL CHARTS
L.4.1.5-1 Article 1. All information relating to the characteristics and specifications of aerodromes open to public air traffic services and air navigation facilities result in a communication to the Organization of International Civil Aviation and aeronautical information. 2. Publication of Aeronautical Information contains aeronautical information of a lasting character essential to air navigation. 3. The composition and structure of the Aeronautical Information Publication shall be fixed by regulation. Article L.4.1.5-2 1. The Authority of Civil Aviation fixed by regulation measures to ensure the development and publication of aeronautical maps and plans in accordance with current standards. 2. No person may publish or disseminate aeronautical information unless it has obtained an authorization issued by the Authority of Civil Aviation. 3. The units of measurement used in the aeronautical information are set by regulation.
CHAPTER 6 OF METEOROLOGY AERONAUTIQUE
Article L.4.1.6-1 1. The organization of the administration of aeronautical meteorology and procedures for meteorological services to air navigation in the country are set by regulation. Article L.4.1.6-2 1. No one can provide meteorological services to air navigation unless it has obtained an operating license issued by the Authority of Civil Aviation. 2. The conditions of issue of the operating permit of meteorological services to air navigation are set by regulation.
TITLE 2 NAVIGATION SERVICES CHARGES
AIR CHAPTER I GENERAL Article L.4.2.1-1
1. In exchange for services rendered to them, aircraft operators pay service charges air navigation organizations that provide these services. Article L.4.2.1-2 1. Charges for air navigation services, fixed regardless of nationality, are due by the operators of aircraft and are recovered under conditions established by the service providers. 2. Aircraft of States with which Madagascar has signed international conventions providing for the exemption from payment of air navigation services charges are exempt from payment. 3. Except as otherwise provided by international conventions, nature and amounts of air navigation services charges are set by service providers according to the conditions laid down by regulation and the following principles:
a) the calculation is made based on the costs to be recovered for services rendered; b) costs related to the data are available for inspection; and c) the introduction of new charges or increase the amounts follows the
Compulsory prior consultation with aircraft operators. 4. The relevant information concerning air navigation service charges set by service providers according to the principles set forth in the preceding paragraph must be communicated to the competent authority for approval. 5. Approval of fees shall be determined by regulation. These fees are published by means of Aeronautical Information thirty (30) days before their entry into force. 6. The nature and amounts of published air navigation services charges are communicated to the Organization of International Civil Aviation. 7. In case of non-payment of air navigation services charges payable by the aircraft operator, service providers can keep the aircraft on the airfield to log the amount of money in dispute in accordance with regulations.
TITLE 3 OF THE RULES OF THE AIR CHAPTER I SCOPE OF
L.4.3.1-1 Article 1. The rules of the air on the national territory are established by regulation.
L.4.3.1-2 Article 1. The pilot in command is responsible for compliance with rules of the air which can not derogate only for imperative reasons of security, safety or emergency.
CHAPTER 2 GENERAL RULES
Article L.4.3.2-1 1. All aircraft traffic must have on board all aircraft documents as defined in Article 1 above L.4.1.1- and documents specified by the Administration of 'civil Aviation. L.4.3.2-2 Article 1. The validity of the documents aboard foreign aircraft is recognized by the Authority of Civil Aviation on the Malagasy territory as established by regulatory means. Article L.4.3.2-3 1. The Authority of Civil Aviation may prohibit or limit the use on aircraft over the territory of the electronic equipment, photographic, cinematographic, remote sensing and data logging of any kind. Article L.4.3.2-4 1. The owner of an aircraft used for the private use can not ensure or aerial work, or a public air transport, except in cases of emergency or requisition and after authorization Authority of civil Aviation.
Article L.4.3.2-5 1. The Authority of Civil Aviation determines, for each aircraft type and the conditions of its operation, the rescue equipment to board. L.4.3.2-6 Article 1. The regulation sets the low flying conditions over populated areas or groups of people, or at supersonic speed. Article L.4.3.2-7 1. Aircraft operating unmanned must respect the special provisions enacted by regulation and bearing, as needed, both on the design of the devices on their conditions of employment and the capacity of those who use them. L.4.3.2-8 Article 1. Any foreign civil aircraft flying over the country without authorization or for which there are reasonable grounds to conclude that it is used in the national airspace for any purpose inconsistent with the aims of the Chicago Convention must respect any order to land or any other instructions of state authorities to end these violations. 2. In the exercise of its powers, the State refrains from resorting to the use of weapons against civil aircraft in flight. In case of interception, the lives of persons on board the aircraft and the safety of aircraft must not be endangered.
. Any civil aircraft registered or used by an operator who has his principal place of operations or permanent residence in Madagascar shall in all circumstances, especially in case of interception, to respect the orders and instructions of state authorities in which it is, if they do not endanger the lives of persons on board and the safety of such aircraft.
CHAPTER 3 FLIGHT PLANS Article L.4.3.3-1 1. The characteristics that must have all the flight plans are set by regulation, regardless of the flight regime. 2. A flight can not take place if the corresponding flight plan received approval from the competent services of air traffic. The filing of the flight plan is mandatory. 3. Notwithstanding paragraph 2 shall be granted:
a) in special cases specified by regulation; b) any theft resulting from a decision of the Government and conducted to protect
interests and security of the state and the population in case of natural disasters, search and rescue and other cases of emergency.
Article L.4.3.3-2 1. If for safety or security reasons, the flight plan can not be met, the air traffic services should be notified as soon as possible.
OF SEARCH AND RESCUE CHAPTER I GENERAL Article L.4.4.1-1
1. The State:
a) designate or establish bodies responsible for research and rescue aircraft in distress, missing or injured in the flight information region of Antananarivo;
and b) take the measures it deems feasible, individually or in cooperation with other States, to provide assistance to such aircraft, in accordance with the coordinated measures recommended by the Chicago Convention.
2. The bodies designated or established by the State are responsible for search and rescue of aircraft in distress, missing or injured and collaborate in coordinated measures recommended under the Convention on International Civil Aviation. Article L.4.4.1-2 1. The organization of search and rescue aircraft in distress is fixed by regulation.
2. A local civil or military authority informed first of an aircraft accident is obliged to provide immediate relief and assistance which thus require that to take the necessary precautionary measures. 3. The operator of the aircraft in distress, under the control of its own authorities and the authorities of the State registration of the aircraft can take assistance measures necessitated by the circumstances. Article L.4.4.1-3 1. Subject to prior bilateral or multilateral agreements or conditions that may be prescribed by Madagascar, it is allowed teams of search and rescue from other countries to enter immediately the national territory in order to participate in research places of occurrence of aircraft accidents and rescue survivors. 2. bilateral or multilateral agreements relating to search and rescue services information and specify the conditions for the entry, in the country, teams of search and rescue from other states.
BOOK 5 STAFF
AVIATION PART I LICENSING STAFF CHAPTER AEROSPACE
L.5.1.1-1 DEFINITIONS Article 1. For the purposes of this Act, means:
a) "Patent certificate or" certificate signifying set of theoretical or practical general knowledge; it is issued after examination and is definitely acquired its holder.
B) "License": title certifying the ability and the right for the patent holder to fulfill the corresponding functions, subject to the prescribed qualifications; it is only valid for a limited period; it is renewable by periodic audits of various skills required.
C) "cabin crew member" crew member who carries out duties as assigned by the operator or pilot in command to ensure passenger safety but does not perform duties of member flight crew.
D) "flight crew member" crew member holds a license, charged with duties essential to the operation of an aircraft during a flight duty period.
E) "Aeronautical Personnel" licensee member flight crew, cabin crew, aircraft maintenance technicians, air traffic control, technical operations officer , aeronautical radio station operator or any operating personnel whose function is critical to the safety and security of civil aviation.
F) "Cabin crew": aviation personnel in charge of security and assistance to passengers boarded.
G) "Flight Crew": aviation personnel responsible for steering and technical mastery of the craft of the art flight planning, navigation and telecommunications.
H) "Captain Driver 'pilot designated by the operator or by the owner in the case of general aviation as one who commands on board who is responsible for the safe operation of the flight.
CHAPTER 2 GENERAL PROVISIONS
Article L.5.1.2-1 1. Crew members conduct any aircraft shall be provided with certificates of competency and licenses issued or validated by the State in which the aircraft is registered. 2. The Authority of Civil Aviation reserves the right not to recognize, for flights over national territory, certificates of competency and licenses granted to any of its nationals by another State. 3. The conditions for the issuance, renewal and validation of patents, certificates of aviation personnel licenses and ratings are determined by regulation. L.5.1.2-2 Article 1. Any licensee who does not fully satisfy the requirements imposed by an international standard for the class of license or patent it holds must have as an annotation on its license, or attached to it, the full list of points on which it does not meet those conditions. 2. No staff member whose certificate or license was annotated and can not participate in international air navigation with state permission or States on whose territory it enters. Article L.5.1.2-3 1. The Authority of Civil Aviation issued or valid patent, certificate, license or qualification for anyone whose duties are deemed essential to the safety or security of 'civil Aviation. 2. The list of features and terms of the issuance, renewal and validation as well as suspension or withdrawal of patents, certificates, licenses and qualifications are determined by regulation. Article L.5.1.2-4. 1. The provision of Article L.5.1.2-2 above does not apply to personnel whose licenses have been issued originally before the end of the year following the date of the initial adoption of an international standard of fitness for such personnel; but it applies in all cases to all personnel whose licenses remain valid five years after the date of adoption of this standard.
CHAPTER 3 OF PHYSICAL AND MENTAL FITNESS FOR AERONAUTICAL STAFF
Article L.5.1.3-1 1. The issuance and renewal of licenses and qualifications to lead physical fitness and mental control of their holders as provided by the Authority of civil aviation through regulation.
2. The licensee shall not exercise privileges appropriate to the license as soon as he feels any physical or mental impairment such as to make him believe he no longer fulfills the conditions of physical and mental fitness required to perform his duties. 3. No person shall exercise the privileges of a license issued under this Act if he is under the influence of alcoholic beverages, narcotics, drugs or medication that interferes with the necessary faculties to exercise her functions. Article L.5.1.3.-2 1. The examination of medical fitness of aviation personnel should be in a medical center of expertise of aviation personnel authorized by the Authority of Civil Aviation and submit to supervision . The conditions of issue of the approval of a center are set by regulation
2. The centers of medical expertise of aviation personnel and medical examiners issue for aviation personnel, after examination, certificates of medical fitness required for the duties relating to aeronautical licenses and ratings.
3. The Medical Council of Civil Aviation, collegial body with national jurisdiction whose assistance, composition, responsibilities and operating procedures are specified by regulation, if it is hearing an appeal by the Authority civil Aviation or the person concerned, following the decisions taken by the centers of medical expertise of aviation personnel, decides the ability of aviation personnel.
CHAPTER 4 WORKING CONDITIONS
Article L.5.1.4-1 1. The specific working conditions of the personnel holding a license or certificate are defined by regulation and controlled by the Authority of Civil Aviation.
CHAPTER 5 OF APPROVAL OF BODIES AEROSPACE EDUCATION
L.5.1.5-1 Article 1. Any organization whose activity education and aviation training preparing for a cabin crew license or ground personnel must be approved as such by the Authority of Civil Aviation and submit to supervision. The conditions of issue of the approval of the establishment are laid down by regulation. 2. Synthetic Training Devices for training or maintenance of aircrew skills must be approved under the conditions defined by regulation. CHAPTER 6
EXAMINERS Article L.5.1.6-1 1. aptitude tests and proficiency checks for obtaining and renewal of aviation licenses and qualifications must be carried out under the control of reviewers as empowerment requirements determined by regulatory.
CHANGES, SUSPENSION AND REMOVAL Article 1. L.5.1.7-1 changing conditions, suspension or withdrawal of patents, certificates of aviation personnel licenses and ratings are established by regulation. 2. The conditions change, suspension or withdrawal of accreditation of training institutions, centers of medical expertise of aviation personnel, medical examiners or authorization examiners are set by regulation.
TITLE 2 CREW AIRCRAFT
CHAPTER I POWERS AND RESPONSIBILITIES OF MAJOR DRIVER BOARD
Article L.5.2.1-1 1. The pilot in command is responsible for the security and safety of the aircraft, he assumed command. 2. The crew under the command of the pilot in command. 3. The PIC also has, as part of its mission, its authority passengers and embedded assets.
CHAPTER 2 POWERS ACT IN CASE OF UNLAWFUL INTERFERENCE
Article L.5.2.2-1 1. When the pilot in command substantial grounds to believe a person has committed, or is about to commit or to perform aboard a violation of criminal laws or act that may jeopardize or compromise the safety of the aircraft or persons or property on board, or compromising the good order and discipline on board, it may take with regard to that person reasonable measures, including compulsory measures which are necessary to enable him to disembark and return it to the competent authorities. Article L.5.2.2-2 1. The pilot in command may require or authorize the assistance of other crew members and without being able to demand, request or allow the passenger to implement measures stress that it is entitled to take. 2. Any crew member or passenger may also take, without authorization, any reasonable preventive measure, if there are substantial grounds for believing that it is necessary immediately to ensure the safety of the aircraft or persons or property on board. Article L.5.2.2-3 1. The pilot in command transporting a person subject to a coercive measure shall, before landing in the territory of a State, as soon as possible and if possible:
A) notify the authorities of the presence on board of a person subject to a measure of restraint; and b) notify the reasons for such measure.
Article L.5.2.2-4 1. When the pilot in command has reasonable grounds to believe a person has done or is about to do an act referred to in Article L5.2.2-1 it can land this person in the territory of any state as long as it deems this necessary. The pilot in command shall inform the authorities of the State of landing and the reasons that have motivated.
AIR TRANSPORT TITLE I GENERAL PROVISIONS CHAPTER
I DEFINITIONS Article L.6.1.1-1 1. For the purposes of this Act, the term:
a) "Air transport "aircraft transporting a starting point to an agreed destination, passenger, cargo and mail.
B) "Domestic air transportation" transportation by aircraft performed between two points within the national territory, or between a point external to it without being part of the territory of another country.
C) "International Air Transport": transport aircraft conducted between the national territory and that of other States outside of the African Economic Community.
D) 'intra-African air transport ": transport by aircraft performed between the country and the countries of Africa signed the Abuja Treaty of 1991 establishing the African Economic Community.
E) "non-scheduled air transport": transport by aircraft performed which lacks one of the scheduled air transport of features including all categories of charter flights laid down in Regulation.
F) "Private Aviation" transport aircraft carried the exclusive benefit of the aircraft owner and personal purposes.
G) "commercial air transport": transport by aircraft made available to the public on a professional basis with or without remuneration in accordance with the regulations.
H) 'Scheduled Air Transportation "is a series of programmed transport aircraft offered to the public with the following features are set in advance the number of flights, starting points, intermediate points and points check the schedule of arrivals and departures, and the nature of the service offered.
I) "air carrier" company that provides aircraft transportation services against remuneration or a rental agreement; under Article 96 of the Chicago Convention airline: means any air transport enterprise offering or operating an international air service.
J) "flight chartered" flight in the context of a transaction by which an air carrier makes available a charterer aircraft with crew.
L.6.1.1-2 Article 1. The air transport liberalization policy adopted by the State applies to the operation of domestic and international, scheduled and non-scheduled passenger, cargo and mail .
PART 2 CERTIFICATION OF AIR
CHAPTER ONE CARRIER AIR CERTIFICATE
L.6.2.1-1 Article 1. An air carrier based in Madagascar can operate public air transport services unless it has obtained an air operator certificate issued by the civil Aviation Authority. 2. The conditions of issue, renewal, monitoring and suspending or withdrawing air operator's certificate are laid down by regulation.
TITLE 3 OPERATING LICENSES
CHAPTER ONE OF CONDITIONS FOR OBTAINING L.6.3.1-1 Article 1. The Malagasy airline that operates a public air transport service must hold a license issued by the civil Aviation Authority. 2. The conditions of issue, renewal, monitoring, as well as suspension or license withdrawal are set by regulation. L.6.3.1-2 Article 1. For the purposes of this Part, the Malagasy airline is an airline company with registered office and principal place of business in Madagascar, that holds a valid AOC issued by Authority of civil Aviation and remains under his effective regulatory control. Article L.6.3.1-3 1. A foreign air carrier may not perform paid flight or not, between a point of the national territory and a point outside that territory to carry passengers, cargo and mail without a operating permit issued by the Authority of civil Aviation. 2. The conditions of issue, renewal, monitoring, as well as suspension or withdrawal of an operating license to a foreign carrier are set by regulation.
CHAPTER 2 OF AIR INSIDE
L.6.3.2-1 Article 1. The internal service regular public air transport or non-scheduled between two points within the national territory is for Malagasy airlines.
Article L.6.3.2-2 Malagasy 1. The air carrier holds an air operator's certificate may operate a scheduled domestic service or a non-scheduled domestic service or both services at the same time as the authorization set out in its license operating.
AIR TRANSPORT INTRA AFRICAN L.6.3.3-1 Article 1. The air transport intra scheduled and unscheduled Africans are operated in accordance with multilateral agreements between the States of the African continent or between members a regional grouping of these states, and ratified by Madagascar.
INTERNATIONAL AIR TRANSPORT Article L.6.3.4-1 1. In terms of international air services, the state proceeds by way of air agreements and bilateral and multilateral arrangements by ensuring that the opening of Malagasy sky foreign companies will result in mutually opportunity to access a broader market internationally for Malagasy airlines. Article L.6.3.4-2 1. Aircraft registered abroad for scheduled or non-scheduled international air services can enter the national airspace and cross in transit non-stop or land for non-commercial purposes provided to comply with regulations concerning notice periods, routes to follow, designated airfields and royalties and services to pay taxes.
CHAPTER 5 REGISTRATION OF EXISTING AGREEMENTS
L.6.3.5-1 Article 1. Any bilateral or multilateral arrangement between Madagascar and other states or between Madagascar and an air carrier shall be provided for registration, the Council of the Organization of International Civil Aviation.
TITLE 4 OF OPERATING PROCEDURES CHAPTER I LOCATION OF THE CHARTER OR interchange of aircraft
Article L.6.4.1-1 1. The Authority of Civil Aviation has already approved the lease, charter or interchange of aircraft by an air carrier Malagasy according to regulations. 2. leased or chartered aircraft is subject to technical control of the State of registration.
. Notwithstanding the Chicago on rules of the air Convention, to aircraft radio equipment, certificates of airworthiness and personnel licenses, when an aircraft registered in a Contracting State is operated pursuant to a agreement of lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of operation or, failing that, his permanent residence in the country, the State registration may, by agreement with the Malagasy State, transfer all or part of the duties and obligations arising from the provisions above in respect of the aircraft, as the State of registration. Similarly, for an aircraft registered in Madagascar and operated abroad, the Malagasy State may, by agreement with the State where the operator resides, transfer all or part of its duties and obligations above. 4. The transfer agreement takes effect after its registration in the Council of the Organization of International Civil Aviation, its publication and notification to other States.
CHAPTER 2 COOPERATION AGREEMENTS
Article L.6.4.2-1 1. Air carriers may enter into alliances and cooperation agreements with other airlines including use of the flight designator for international air transport service provided by another air carrier. Article L.6.4.2-2 1. Air carriers must submit to the Civil Aviation Authority a copy of any covenant, agreement or cooperation agreement.
TITLE 5 OF UNFAIR COMPETITION
CHAPTER ONE ANTITRUST
Article 1. L.6.5.1-1 are prohibited any individual or concerted practice, agreement or express or tacit coalition between individuals or companies whose object or effect the prevention, restriction or distortion of significantly competition in the air transport market. Article L6.5.1-2 1. Identification deemed anticompetitive practices comes under the Civil Aviation Authority. 2. Can also be termed anti-competitive practices, those that are considered as such in international conventions or agreements to which Madagascar belongs. Article L.6.5.1-3 1. The structure responsible for arbitrating conflicts hear, examine and rule on complaints against anticompetitive practices of air carriers.
PART 6 OF TRANSPORT AGREEMENT CHAPTER I GENERAL
Article L.6.6.1-1 1. In the carriage of passengers, baggage and cargo transportation shall be delivered. 2. The use of any means, including electronic, a record of the carriage to be performed may be substituted for the ticket. 3. The information to be included the air waybill issued to cover the transport of goods are set by regulation. Article L.6.6.1-2 1. The liability of the carrier for damage to persons and property, for domestic and international services is governed by the provisions of international conventions ratified by Madagascar. 2. However, for domestic air services, the liability limit of the carrier is fixed by regulation.
7 TITLE OF PROHIBITED ITEMS AND AIR TRANSPORT DANGEROUS GOODS
CHAPTER I GENERAL Article L.6.7.1-1
1. The introduction of any article or substance that may compromise the safety and security air transport is prohibited on board the aircraft. 2. Unless otherwise authorized by the Authority of Civil Aviation, transport by civil aircraft of weapons, explosives, munitions and war material is prohibited in the national airspace. 3. The provisions relating to air transport articles or substances referred to in paragraph 2 above and dangerous goods are fixed by regulation. Art. L.6.7.1-2 1. The Authority of Civil Aviation is the competent authority responsible for air transport of dangerous goods.
TITLE 8 OF INTERNATIONAL CONVENTIONS CHAPTER I GENERAL Article L.6.8.1-1
1. International Conventions ratified by Madagascar complement this Act relating Malagasy Code of Civil Aviation.
Article L.6.8.1-2 If necessary, Madagascar incorporates the texts of application of international conventions and regional technical cooperation agencies, in its own regulations.
OF ENFORCEMENT AND FINAL PROVISIONS TITLE 1
OF ENFORCEMENT FIRST CHAPTER
OFFENCES, PENALTIES AND SANCTIONS
L.7.1.1-1 Article 1. Notwithstanding the provisions of the following articles, any person who, on board an aircraft is below the Malagasy court commits an act that, if committed on the national territory, constitute a violation of Malagasy law, shall be punished according to legal provisions Malagasy. L.7.1.1-2 Article 1. Any person who violates the prohibition of smoking in a public area within an airport or on board an aircraft in commercial flight, where it is forbidden to do so, is liable to imprisonment from 6 months to 1 year and a fine of 500,000 to 1,500,000 ariary ariary. L.7.1.1-3 Article 1. Any person who pursues aeronautical activities and violating the provisions of this Act respecting civil liability insurance is liable to imprisonment of 1 year to 5 years and a fine of 2,000,000 to 10,000,000 ariary ariary. Article L.7.1.1-4 1. A person making aviation activities which neglects or refuses to produce the reports, keep books or records required by this Act or its implementing regulations is liable to imprisonment for 6 months to 5 years and a fine of 500,000 to 5,000,000 ariary ariary. Article L.7.1.1-5 1. A person making aeronautical activities that mutilates, falsifies or fraudulently alter reports, books or records, or filing false reports, books or records, is liable to imprisonment for 5 years to 10 years and a fine of 750,000 ariary ariary to 8,000,000. Article L.7.1.1-6 1. Without prejudice to administrative sanctions provided in the application of this law texts, the officer in charge of a legal entity or natural person pursuing an activity or an aviation function in the no license or certificate or license or specific authorization required by the regulations is liable to imprisonment for 5 years to 10 years and a fine of 1,000,000 to 20,000,000 ariary ariary. 2. The same penalties, any refusal of presentation, document forgery, presenting forged or come to expiry document.
1. Article L.7.1.1-7 liable to imprisonment of 5 years to 10 years and a fine of 750,000 ariary ariary 7,500,000, anyone who:
a) issue or makes use of a false aviation personnel license, a false certification, a false medical certificate and a fake certificate of airworthiness;
or b) obtain these documents following fraudulent. 2. If the person is found guilty of the offenses mentioned in paragraph 1, licenses and certificates are withdrawn by the Civil Aviation Authority and the person is ineligible for life to such securities. 3. If the offense is committed by a pilot in command, besides the withdrawal of licenses and certificates and the lifetime ban, the fine is doubled. Article L.7.1.1-8 1. A person making aviation activities who neglects or refuses to appear and testify or cooperate in an investigation under the provisions of this Act and its implementing regulations by not not produce books, records or other documents is liable to imprisonment of 1 year to 5 years and a fine of 750,000 ariary ariary 7,500,000. L.7.1.1-9 Article 1. Any person who creates and activates an aerodrome without obtaining the permission is liable to imprisonment of 1 year to 5 years and a fine of 1 million ariary to 20,000,000 ariary. Article L.7.1.1-10 1. The operator or manager of a private airfield that is in the cases listed below is liable to imprisonment of 1 year to 5 years and a fine of 1,000 .000 MGA 20,000,000 ariary:
A) simultaneous use of the airfield for other purposes without authorization; b) the abandonment, transfer or lease of the airfield without authorization; c) collecting manner not in accordance with the regulatory fees.
Article L.7.1.1-11 1. Without prejudice to repair the damage caused, if he holds no authorization to airports and maintains this illegal occupation despite the summons to leave, is punishable by 6 months imprisonment 5 years and a fine of 500,000 to 1,500,000 ariary ariary. Article L.7.1.1-12 1. Without prejudice to compensation for damages, any person making or establish a facility at an aerodrome or its dependencies, without the agreement of the airport authority or the dealer is punishable by imprisonment from 6 months to 5 years and a fine of 500,000 to 1,500,000 ariary ariary.
1. Article L.7.1.1-13 repressed under the provisions of the Penal Code, any person who intentionally or unintentionally deteriorate airport works and installations. L.7.1.1-14 Article 1. Any person violating the provisions of Article L.2.4.5-1 concerning bird strike is liable to imprisonment from 1 month to 3 months and a fine of 250,000 ariary 1,000,000 Ariary or one of these penalties. 2. Any owner of animals seized in airport restricted areas in public is liable to imprisonment from 3 months to 6 months and a fine of 500,000 to 1,500,000 ariary ariary or one of these two penalties. In addition, the seized animal is to be killed on the spot or recovered and impounded for a fixed fee and all the inherent term incumbent upon the owner of the animal. L.7.1.1-15 Article 1. Any person or vehicle entering or circulating, without proper authorization, in areas of public limited airfield is liable to imprisonment from 1 month to 3 months and fined 100,000 to 1,000,000 ariary ariary or one of these penalties. 2. The title of port failure circulation issued in accordance with current regulations is considered unauthorized access and, therefore, liable to the same punishment referred to in paragraph 1, without prejudice to administrative sanctions. 3. Any violation of the rules of access and movement of vehicles in restricted zones to the public airfield is liable to imprisonment from 3 months to 6 months and a fine of 1,500,000 to 4,500,000 ariary ariary or one of these two penalties. 4. The vehicle in question will be seized and impounded for a fixed fee and all the inherent duration borne by the owner of the vehicle. Article L.7.1.1-16 1. liable to imprisonment from 6 months to 1 year and a fine of 5,000,000 to 10,000,000 ariary ariary any pilot of an aircraft which, without exception, landing and off outside a licensed aerodrome or designated landing and take-off areas. Article L.7.1.1-17 1. liable to imprisonment from 6 months to 1 year and a fine of 1,000,000 to 10,000,000 ariary ariary or one of these penalties, anyone that:
a) despite the ban prescribed by regulations, in bad faith, using equipment and devices could interfere or scramble frequencies used by air navigation services;
B) deliberately endangers the safety of air navigation by visual interference to radio devices or aids to air navigation;
C) refuses, having been instructed in writing by the Authority of Civil Aviation, to remove obstacles deemed hazardous to air navigation;
D) deliberately removed, without authorization, any obstruction lighting device or any video device or radio aid to air navigation;
E) undertaking construction work without authorization beyond the funds encumbered by aeronautical easements release.
Article L.7.1.1-18 1. liable to imprisonment from 3 months to 1 year and a fine of 1 million ariary to 20,000 ariary 000 or one of these penalties, anyone Begins operation of the services related to air navigation without obtaining the certificate or authorization mentioned in Articles L4.1.3-1 paragraph 2 L4.1.4-3, L4.1.5-2 paragraph 2 and L4.1.6-2 paragraph 1 of this Act. Article L.7.1.1-19 1. liable to imprisonment from 6 months to 5 years and a fine of 5,000,000 to 10,000,000 ariary ariary, anyone who commits an offense regulation which sets procedures for the services of general air traffic procedures or for meteorological services to air navigation in the country, respectively specified in Article L4.1.3-1 and Article of L4.1.6-1 this Act. L.7.1.1-20 Article 1. Any person who creates and operates ground handling services without obtaining the permission is liable to imprisonment of 1 year to 5 years and a fine of 1,000. 000 ariary 20,000,000 ariary. Article L.7.1.1-21 1. liable to imprisonment from 3 months to 5 years and a fine of 750,000 to 1,750,000 ariary ariary:
a) any person who smokes in the toilet or other locations of the aircraft in a manner that could jeopardize the safety of that aircraft;
B) any person who destroys a smoke detector or any other safety device on board the aircraft;
or c) anyone who uses a portable electronic device where prohibited. Article L.7.1.1-22 1. Without prejudice to administrative sanctions up to suspension from office or revocation of his license, is liable to imprisonment of 1 year to 5 years and a fine of MGA MGA 2,000,000 to 10,000,000, while aircrew:
b) performs an unauthorized flight over a particular area; c) on a flight out of the limits of existing standards; d) enters the national airspace without the required permission; e) does not have the documents required for all aircraft in flight or refuses to produce them; f) landing or taking off without permission of a controlled aerodrome except for compelling reasons
security or emergency; g) does not meet the designated airline routes without justification; h) does not comply with the flight altitude without justification; i) refuses to submit the aircraft for inspection before takeoff and after landing.
2. liable to the same penalty as prescribed in paragraph 1 above, any person who:
A) destroyed vehicle documents or any other document relating to an aircraft before the expiry of the period of validity of the documents or of the term during which they must be kept;
B) makes or permits an aircraft not meeting any time as the airworthiness technical conditions which formed the basis for the issuance of airworthiness document the rules concerning the upkeep of validity of this document;
Article L.7.1.1-23 1. liable to imprisonment of 1 year to 5 years and a fine of 2,000,000 to 10,000,000 ariary ariary owner and operator of an aircraft or an airline:
a) fails in its obligation to indicate, in accordance with the regulation, registration or identification of the aircraft;
B) affix or have affixed on the aircraft registration or identification not in accordance with the aircraft flight documents, is to abolish or suppress, makes or causes deface.
2. The same penalties any person who affixes or has affixed on a private aircraft hallmarks reserved for public transport aircraft or operates a private aircraft in public transport. L.7.1.1-24 Article 1. The following are punishable by imprisonment from 6 months to 5 years and a fine of 850,000 to 8,500,000 ariary ariary, without prejudice to the seizure of the aircraft, the owner, operator and the pilot who operate or operates an aircraft without all board documents required by this Act and its implementing regulations or with any of these documents whose validity has expired. 2. If there is a passenger on board the aircraft:
a) the maximum prison term is increased to 10 years, b) the maximum fine is increased to 10 million ariary
Article L.7.1.1-25 1. Without prejudice to administrative sanctions up to suspension from office or revocation of his license, while cabin crew whose duties attached to a license issued under this Act and its implementing regulations under the influence of alcoholic beverages, narcotics, drugs or medication that can impair the faculties necessary for the performance of duties is punishable by imprisonment from 6 months to 5 years and a fine of 1,000,000 to 10,000,000 ariary ariary. 2. The recurrence to the offense described in paragraph 1, if a passenger on board, will be declared ineligible for life to titles. Article L.7.1.1-26 1. Without prejudice to other sanctions, including disciplinary, shall be punished by imprisonment of 1 year to 5 years and a fine of 10,000,000 to 20,000,000 ariary ariary, any pilot Commander edge that infringes the regulations of Article L4.3.2-8.
Article L.7.1.1-27 1. Except for security reasons or in an emergency and without prejudice to administrative sanctions including withdrawal of its license, all aircrew who does not respect air rules set by the regulations specified in Article L4.3.1-1 of this Act, is liable to imprisonment from 6 months to 1 year and a fine of 5,000,000 to 10,000,000 ariary Ariary or one of these penalties. L.7.1.1-28 Article 1. Any unjustified and unnecessary throwing objects from an aircraft in evolution likely to cause damage to people and property on the surface is liable to imprisonment from 3 months to 1 year and a fine of 750,000 ariary 7,500,000 Ariary or one of these penalties, without prejudice to any civil damages in case of damage to persons and property. L.7.1.1-29 Article 1. Any person who transports or involved in the transport of dangerous goods is strictly prohibited liable to imprisonment from 6 months to 2 years and a fine of 1,000,000 to 10,000,000 ariary ariary or one of these penalties, without prejudice to the confiscation of the cargo and, if appropriate, of the aircraft involved. Article L.7.1.1-30 1. Any person who delivers or causes to be delivered to an airline cargo, cargo, luggage or other property classified as strictly forbidden dangerous goods is liable to imprisonment of 6 months to 2 years and a fine of 1,000,000 to 10,000,000 ariary ariary or one of these penalties, without prejudice to the confiscation of the cargo, cargo, luggage or other property. Article L.7.1.1-31 1. liable to imprisonment from 6 months to 2 years and a fine of 1,000,000 to 10,000,000 ariary ariary or one of those penalties any person during an air transport of articles or substances requiring special authorization or dangerous goods violates the provisions of this Act and its implementing regulations. L.7.1.1-32 Article 1. Any person who makes false statements related to articles L.7.1.1-29 L.7.1.1-30 and is liable to imprisonment from 6 months to 2 years and a 750,000 fine MGA MGA 7,500,000. L.7.1.1-33 Article 1. Any person having no authority that removes goods, parts or parts of an aircraft involved in an accident is liable to imprisonment from 6 months to 3 years and a fine of 1 million ariary ariary to 8,000,000. Article L.7.1.1-34 1. fined 1,500 000 ariary 4,500,000 Arirary all responsible for the theft, the owner, operator technical or commercial operator of an aircraft that does not comply or does not compliance by one of its employees or agents the rules and measures:
a) the permanent or temporary restrictions of use of certain types of aircraft depending on the acoustic classification, their seating capacity and their maximum certificated take-off;
B) temporary or permanent restrictions on the exercise of certain activities because of the noise they cause;
C) the special take-off procedures to reduce noise pollution caused by this phase;
D) engine testing; e) the maximum values of noise not to exceed.
Article L.7.1.1-35 1. Without prejudice to the application of penalties under the customs legislation, the driver who does not use, except in cases of force majeure out, an international airport on departure or arrival of an international flight is fined 5,000,000 10,000,000 Ar Ar and imprisonment of 1 year to 3 years. 2. The same penalties any crew member, on such an airport, trying to circumvent regulatory controls. L.7.1.1-36 Article 1. Any person who unlawfully and intentionally seizes an aircraft in service or exercises control through violence, threats of violence, coercion, by any other form of intimidation or technological means, is liable to life imprisonment. 2. Attempt and complicity are punishable with the same penalty. Article L.7.1.1-37 1. liable to penal servitude for life anyone who unlawfully and intentionally:
a) uses an aircraft in service in order to cause death or to cause bodily damage, property damage or serious environmental;
B) releases or discharges from an aircraft in service, a biological weapon, explosives, radioactive or similar substances that cause or are likely to cause death or to cause bodily injury, property damage or serious environmental;
C) used against aircraft or on an aircraft in service, a biological weapon, explosives, radioactive or similar substances that cause or are likely to cause death or to cause bodily injury, damage material or significant environmental;
D) transports, causes to be transported or facilitates the transport on board an aircraft, in order to cause death or to cause bodily injury, serious property or environmental damage:
- explosives or materials radioactive; - Any biological weapon; - Raw materials or special fissionable material, equipment or material especially designed or prepared for the processing, use or production of special fissionable material;
- Equipment, materials, software, or related technology that significantly contributes to the design, manufacture or delivery of a biological weapon.
Article L.7.1.1-38 1. liable to imprisonment of 5 years to 10 years and a fine of 8,000,000 to 20,000,000 ariary ariary, any person who:
a) endanger the safety of a flight or its facilities by force, threat or any
act of unlawful interference; b) use a weapon in committing the offense referred to in paragraph a) above; c) unlawfully and intentionally commits an act of physical violence or rape in a person
against on board an aircraft in flight if that act is likely to endanger the safety or order and discipline on board the aircraft;
D) unlawfully and intentionally destroyed an aircraft, arrangements relating thereto, or cause damage such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight;
E) unlawfully and intentionally, or causes to be on an aircraft in service, by any means whatsoever, a device or substance to destroy that aircraft, or to cause damage which renders it incapable of flight or which are likely to endanger its safety in flight;
F) unlawfully and intentionally communicates information or proven false, thereby endangering the safety of an aircraft.
Article L.7.1.1-39 1. liable to the penalties provided for L.7.1.1-37 articles and previous L.7.1.1-38, any person who:
A) threatens to commit an offense specified therein; b) unlawfully and intentionally causes any person to receive such a threat, in
circumstances which indicate the credibility of the threat; c) attempts to commit any of the offenses specified therein; d) organizes or committed by others of the offenses specified therein; e) participates as an accomplice in any of the offenses specified therein; f) unlawfully and intentionally assists another person to evade investigation, for
prosecution or punishment, knowing that the person has committed an act which constitutes an offense, that person is wanted for prosecution for such an offense or has been convicted of such an offense;
G) agrees with one or more other persons to commit any of the offenses specified therein and involves an act committed by one of the participants, under this agreement; or
h) contribute in any other way, to the commission of one or more of the offenses specified therein, by a group of persons acting in concert, either to facilitate the general criminal activity of the group, serve the purpose thereof, where such activity involves the commission of an offense, or knowing that the group intends to commit an offense.
2. Without prejudice to the penalties provided above, administrative sanctions can be taken against a corporation whose leader responsible, in that capacity, committed an offense referred to in Articles L and L.7.1.1-37 previous .7.1.1-38. 3. An aircraft is considered to be in service from the time the ground staff or the crew starts to prepare for a specific flight until the expiration of twenty-four hours any landing or until the competent authorities take responsibility for the aircraft, people and property on board, in case of an emergency landing of the aircraft.
1. Article L.7.1.1-40 liable
a) to imprisonment for 3 months to 1 year and a fine of 500,000 to 5,000,000 ariary ariary or one of these penalties, anyone who deliberately refuses to submit to the control procedures adopted in accordance with existing regulations or hinders by any means whatsoever, the free exercise of the functions of a designated agent to control or officer of the Administration of civil Aviation;
B) to imprisonment for 2 years to 10 years and a fine of 8,000,000 to 20,000,000 ariary ariary or one of these penalties, any person who unlawfully and intentionally destroyed or damage facilities or air navigation services or interferes with their operation if any such act is likely to endanger the safety of an aircraft in flight;
C) to imprisonment for 2 years to 10 years and a fine of MGA 10,000,000 40,000,000 ariary or one of these penalties, any person who unlawfully and intentionally, using a device, substance or weapon, performs against a person at an airport serving civil aviation, a violent act that causes or is likely to cause serious injury or death;
D) to imprisonment for 2 years to 10 years and a fine of 10,000,000 to 30,000,000 ariary ariary or one of these penalties, any person who unlawfully and intentionally destroyed or seriously damages the facilities of an airport serving civil aviation or disrupts the services of the airport.
2. Attempt and complicity in the crimes described in paragraphs a) to d) above are subject to the same penalties as those provided in those paragraphs. Article L.7.1.1-41 1. liable to imprisonment from 3 months to 1 year and a fine of 2,500,000 to 5,000,000 ariary ariary or one of these penalties:
a) any person who shows assault, threat or intimidation, physical or verbal, against a crew member if such act prevents it from fulfilling its duties or hinders the exercise of its functions;
B) any person who refuses to comply with a lawful instruction given by the captain or by a crew member in the name of the captain, in order to ensure the safety of the aircraft, any person or property on board, or to maintain order and discipline;
or c) any person who disrupts the smooth conduct of the flight or hindrance by any means whatsoever, the free exercise of their functions by the crew.
Article L.7.1.1-42 1. liable to imprisonment from 3 months to 1 year and a fine of 750,000 to 1,500,000 ariary ariary or one of these penalties: a
) any person who shows assault, threat or intimidation, verbal or physical, against any person on board;
B) any person who intentionally damages or destroys property on board; c) any person who engages in the consumption of alcoholic beverages or drugs resulting in intoxication
if such acts liable to endanger the safety of the aircraft or any person on board, or order and discipline on board the aircraft.
Article 1. L.7.1.1-43 liable
a) of hard labor for life, any person who unlawfully and intentionally introduced or attempted to introduce, or causes to be by any means whatsoever, aboard an aircraft performing a public airline, bomb, explosive or incendiary device, a device or substance to destroy that aircraft, or to cause damage that renders it incapable of flight or which is likely to endanger safety;
B) of hard labor and a fine of 8,000,000 to 20,000,000 ariary ariary, any person who unlawfully and intentionally introduced or attempted to introduce, on board an aircraft involved in an public air transport operation, a concealed dangerous weapon, accessible during flight.
2. Attempt and complicity to the offense described in paragraphs a) and b) above are subject to the same penalties as those provided in those paragraphs. 3. The provisions of paragraph b) above shall not apply to official agents who are authorized or required to carry a concealed dangerous weapon on an aircraft engaged in commercial air transport. L.7.1.1-44 Article 1. Any person who violates the prohibition to engage in illegal activities within an airport is liable to imprisonment from 1 month to 3 months and a fine of 500 000 ariary 1,500,000 Ariary or one of these penalties. L.7.1.1-45 Article 1. Any person who makes false statements relating to Article L.7.1.1-43 is liable to imprisonment from 3 months to 1 year and a 750,000 fine to 7,500 ariary .000 Ariary or one of these penalties. Article L.7.1.1-46 1. Without prejudice to administrative sanctions, any natural or legal person who willfully violates any provision of this Act or its implementing regulations is liable to imprisonment from 1 month to 5 years and a fine of 100,000 ariary to 40 million Ariary or one of these penalties.
CHAPTER 2 ADMINISTRATIVE SANCTIONS
L.7.1.2-1 Article 1. Notwithstanding the criminal penalties provided by this Act and other laws and regulations in force, the above offenses and those under the regulations relating to aviation civil be subject to administrative sanctions which are laid down by regulation. Article L.7.1.2-2 1. The Civil Aviation Authority is empowered to levy administrative fines for these offenses and the amounts and distribution as well as the procedures for collection are fixed by regulation.
RECOGNITION OF OFFENCES Article L.7.1.3-1 1. In addition to the judicial police officers, are responsible for finding infringements of the provisions of this Act and its implementing regulations, agents appointed by the Authority for civil Aviation. 2. The above listed agents lend oath before taking office in accordance with Articles 128 and 132 of the Code of Criminal Procedure. 3. They are bound by professional secrecy under the terms of Article 378 of the Penal Code and punishable by penalties Article. 4. However, this provision does not preclude:
a) the exchange of information with the various tax authorities of Madagascar; b) the information requested by the agency responsible for arbitrating conflicts or support instruction
judge in the case, which relates only to the alleged crime.
L.7.1.3-2 Article 1. The staff designated by the Authority of Civil Aviation and empowered to find infringements of the provisions of this Act and its implementing regulations must carry their card identification they present during their intervention. L.7.1.3-3 Article 1. The civil authorities and representatives of the police lend aid and assistance to officials authorized the conclusion of the offenses in the performance of their duties whenever they are required. L.7.1.3-4 Article 1. Any person having knowledge of the existence of an infringement of this Act or its implementing regulations can also enter the agents listed in Article L.7.1.3 -1 L.7.1.3-5 paragraph 1. Article 1. any violation of this Act as well as its implementing regulations is evidenced in writing by the minutes, which includes at least the following information:
a) the full name (s) and address of the offender or his authorized representative responsible for the case of legal persons;
B) the full name (s) and quality of the reporting officer; c) the nature and circumstances of such infringement d) the indication of the provisions of this Act or its implementing regulations
why or where the infringement is detected; e) if applicable, the statements of the offender or his authorized representative or responsible
witnesses; and f) the place, date and time of the establishment of the minutes.
Article L.7.1.3-6 1. In accordance with Article 132 of the Code of Criminal Procedure, the original of the minutes is sent automatically to the prosecutor.
2. A copy is given to the offender and another to each of the structures of the Administration of Civil Aviation. Article L.7.1.3-7 1. The minutes were hand-delivered to the offender or his authorized representative or sent by registered mail with return receipt. 2. The recipient is deemed notified on the date indicated on the receipt, the postmark authentic.
L.7.1.3-8 Article 1. Any person who pursues aviation activities must submit to inspections carried out in the context of the application of this Act and its implementing regulations. 2. For the purposes of the checks mentioned in paragraph 1, judicial police officers and agents appointed by the Civil Aviation Authority may:
a) enter any aircraft, aerodrome, facility relating to the aeronautics or any premises are designed, constructed or manufactured, distributed, maintenance or installation of aeronautical products;
B) enter any place for investigation of matters concerning aviation safety, subject to the regulations on the protection of life and private property;
C) require the production of any documents they feel connected to an offense; d) enter any place referred to in paragraph a) or b) anything they have reasonable grounds to believe that
may be evidence of an offense under this Act or the texts of application.
CHAPTER 4 APPEALS Article L.7.1.4-1 1. Any natural or legal person who considers himself aggrieved by an act or decision of a judicial police officer or agent of administration of civil Aviation in the context of the implementation of this Act and its implementing legislation, is entitled:
a) appeal to the structure responsible for the arbitration of disputes referred to the regulation; and b) where appropriate, legal remedies.
Article L.7.1.4-2 1. Where judicial or administrative review, the introduction of an action suspends the enforcement of the act or decision of the Administration of Civil Aviation unless the first Executive Head of the Authority of civil Aviation to the attention of the competent court that it is urgent and that the safety of civil aviation requires the immediate implementation of the decision. In this case, the Tribunal may order the provisional enforcement of its decision, notwithstanding the legal action.
TITLE 2 FINAL PROVISIONS
Article L.7.2.1-1 1. All previous provisions of this Act are repealed, including those of Act No. 2004-027 of 9 September 2004. Article L.7.2.1-2 1. However, until the publication of rules for implementing the provisions of this law laid down by regulation, the texts made under Ordinance No. 78-015 of 31 August 1978, Ordinance No. 92-024 of July 8 1992 of Act No. 99-031 of 28 January 2000 and law No 2004-027 of 9 September 2004 continue to apply. Article 2 - This law shall be promulgated and shall be published in the Official Journal of the Republic. It will be enforced as a law of the state.
Antananarivo, June 29, 2012
THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF THE TRANSITION
Rasolosoa Dolin RAKOTOARIVELO Mamy
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