Law 125 Of July 29, 2014 - Reform Law On Civil Aviation

Original Language Title: Legge 29 luglio 2014 n.125 - Legge di riforma in materia di Aviazione Civile

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DISCIPLINE OF TAX INCOME TAX GENERAL OF SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; Promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on July 18, 2014: LAW 29 July 2014 Ranked # 125 LAW REFORM IN THE CIVIL AVIATION AUTHORITY TITLE I CIVIL AVIATION AND MARITIME NAVIGATION CAA MNA SMR CHAPTER I DEFINITION aND PURPOSE Art. 1 (name) 1. the Authority for Civil Aviation and Maritime Navigation (CAA MNA SMR) is a public body with legal personality, regulatory, accounting, organizational and administrative. 2. For the purposes of this Act, the Authority for Civil Aviation and Maritime Navigation of the Republic of San Marino (CAA MNA SMR) is also called "Authority for Civil Aviation" or "authority." CHAPTER II COMPOSITION AND OPERATION Art. 2 (Management Bodies) 1. The Authority's management bodies are: a) the Executive Committee; b) the General Manager; c) the Board of Auditors. Art. 3 (Executive Committee) 1. The Authority's Executive Committee is composed as follows: a) the Director General who chairs it; b) General Secretary; c) Chief of the Secretariat of State with responsibility for Transportation; d) Chief of the Secretariat of State for Finance and Budget; e) Three members appointed by the Great and General Council, at least one of which representing the minority. 2. All Executive Committee members must be in possession of the old system degree, or graduate, or graduates in economic, legal, technical, or must have specific and proven technical expertise, or more generally with respect to the Authority's roles under this law, at least five years. 3. The meetings of the Executive Committee must attend, on pain of nullity of the sessions, at least one member of the College of the Auditors Auditors to which is assigned the task of monitoring and supervision provided for by law, with the reporting requirement of the Commission of the Public Finance Control, pursuant to Law 18 February 1998 n. 30. 4. Members of the Executive Committee, except the Director General referred to in article 7, paragraph 4, remain in office for three years with the possibility of renaming one time. 5. With special delegate decree will provide the regime of incompatibilities of the members of the Executive Committee. Art. 4 (Convocation of the Executive Committee) 1. The Authority's Executive Committee is convened by the Director General at least once every quarter. 2. In the letter of convocation shall indicate the date, time, place of the meeting and the matters on the agenda. 3. The meeting may also be submitted by e-mail and must be received at least five days before the session. 4. All practices and the relevant requirements of the Executive Committee must be sent to the Director General, which states the topics to be put on the agenda. 5. The practices to be included on the agenda must be submitted to the General Manager at least three days before the scheduled meeting. 6. Attached to the letter of invitation must be also forwarded the draft of the minutes of the last session, prepared by the Secretary. 7. The practices to be examined are available to Executive Committee members and the Board of Auditors at the Authority's headquarters. Art. 5 (Validity of meetings) 1. Meetings of the Executive Committee are declared valid when the majority of its members is present. 2. The sessions of the Executive Committee can not be declared invalid: a) if any Director General or his delegate; b) if it lacks a quorum. 3. The Secretary General performs the function of secretary. In his absence this function is assumed by a member appointed by the Executive Committee. 4. With proper Authority Regulations, to be published on the Authority's website itself, shall be governed in detail the workings of the Executive Committee. Art. 6 (Votes) 1. For the validity of the resolutions required a majority vote of the members of the Executive Committee. In the event of a tie, the vote of the person who chairs it. 2. Meetings of the Executive Committee and decisions taken in those areas should be in a special report prepared by the Secretary-process. 3. The resolutions of the Executive Committee are immediately enforceable, except for those to be submitted to preventive control of the Commission of Public Finance Control.
4. The Secretary-General shall in a short time to broadcast extracts of the minutes relating to the meetings of the Executive Committee to the relevant departments. Art. 7 (General Manager) 1. The Director-General shall be in possession of a degree in Economic Sciences, Economics and Business Science, Engineering or Law, proven training acquired at qualified facilities in the civil aviation sector and good knowledge of the English language. 2. The Director General is appointed by the Congress of State and shall perform the following functions: a) respond to the State Secretary with responsibility for the development of transport aviation activities for the achievement of the objectives set by the Authority's Executive Committee; b) oversees all the Authority's structure to better coordinating production activities; c) the legal representative of the Agency; d) promote the development of civil aviation in the Republic of San Marino; e) classifies acts that can not be disclosed without authorization; f) signature or the signature delegated acts and certificates issued by the Authority; g) identifying among the officials at the Authority delegates the exercise of the functions provided by this Act, whose names shall be communicated to the Secretary of State with responsibility for Transportation; h) suspend or revoke the decision, or the Authority acts in the interest of flight safety; i) I have the right to access, even by officials or managing staff and in a reasonable time, to any aircraft, airport or other place or document, in the interest of aviation safety; l) shall, in urgent cases, postponed the necessary measures to ensure the continuity and safety of operation of aviation; m) shall present annually to the Permanent Council Commission a report on the relevant activities carried out by the Authority. 3. The Director General, the Secretary General and the Authority's officials assume the status of public officials in the exercise of their official functions. 4. The Director-General is appointed for three years and can be renewed for two terms. 5. In order to ensure the standards recommended by international organizations, the withdrawal from the General Manager contract must be notified six months in advance. 6. apply the existing standards of public management. Art. 8 (Statutory Auditors) 1. Statutory Authority Auditors functions entrusted to the Board of Statutory Auditors pursuant to Law 88 of November 26, 1980. Art. 9 (General Secretary) 1. The General Secretary shall be appointed for a term of three years by the Great and General Council at the proposal of the State Congress. 2. Compete to the Secretary General liaison with international organizations, the Authority's representative to the same and the specific functions delegated by the Director General. Art. 10 (Personal Endowment - Transitional provisions) 1. Pending the establishment of the role profiles and the overall requirements set out respectively in Chapter I and Chapter II of Title V of Law 188 of December 5, 2011, the Congress of State is authorized to activate, on a transitional basis, the tasks necessary for completing the Authority's functions under the procedures referred to in Article 4, paragraph 1, letter c) of Law 108 of 19 September 1990, for the indicated below figures: a) 1 Expert technician - Liv.8 have a master degree in technical subjects or diploma High school in technical with five-year experience in the field. For this professional license is required of airline pilot ATPL and with good knowledge of English; b) 1 Administrative Expert - Liv.8 have a master degree in law and with good knowledge of English; c) 1 of the Administrative Operator - Liv.5 possess a high school diploma and with good knowledge of English. This appointment will be activated only in the event that it is not possible with the assignment to the Authority of staff formerly employed by the public sector. 2. Acts of the assignment procedure pursuant to paragraph 1 describe the functions required of individual figures, including any additional requirements for access to positions with particular reference to computer skills, language skills, work experience, possess qualifications and participation in specific courses training. 3. The responsibilities conferred by using, preferably, a staff formerly employed by the public sector in accordance with the procedures of the Regulations February 23, 2007 # 2 which is in possession of qualifications and requirements, giving priority to staff at the Authority or , in a subordinate position,
by resorting to public rankings. 4. The final coverage of the positions referred to in paragraph 1 a) and b) by way of competition in accordance with Law 107 of July 31, 2009 and Chief Executive Decree 106 of August 2, 2012 procedures conducted following the entry into force the decrees on the role profiles and needs. 5. For the accomplishment of its functions and in relation to valuation of particularly complex issues, the Executive Committee may make use of private practitioners or from the Public Administration on behalf of which is awarded by a bonus the amount of which is defined by Congress State. Art. 11 (Financing) 1. To achieve its purpose, which shall be provided by means of: a) income from the operation of its business; b) financial contributions provided by a specific appropriation in the state budget. TITLE II CIVIL AVIATION CHAPTER I GENERAL PROVISIONS Art. 12 (Scope) 1. The provisions of this Title shall apply to the activity of civil aviation under the jurisdiction of the Republic of San Marino. 2. For the purposes of this Title to the jurisdiction of the Republic of San Marino means that exerted of: a) civil aircraft in the territory of San Marino; b) aircraft registered in the Republic of San Marino starting from the moment in which the external ports are closed after the boarding of passengers, up to the time of opening of the same for disembarkation or, in the event of a forced landing, until the competent authorities themselves take up the responsibility for the aircraft and of persons and property on board. 3. For the purposes of this Act for the San Marino territory means the land territory of the Republic of San Marino and the airspace above it. Art. 13 (Definitions) 1. For the purposes of this Act shall apply: a) Civil Aircraft means any aircraft other than State aircraft; b) Annexes to the Chicago Convention of 1944: the documents issued by the International Civil Aviation Organisation (ICAO) containing the standards and recommended standards applicable to civil aviation; c) Civil Aviation: the operations of an aircraft designed to general aviation, flight schools, aerial work or commercial air transport operations; d) Director General means the person appointed in accordance with Article 7 of this Act; e) Infrastructure of Air Navigation: all functional infrastructure available or planned for use in support of aviation, including airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for 'identification of radio (radiogoniometrici equipment signals) or any other electromagnetic communication, and any other structure or mechanism having similar functions responsible for driving the flight control, landing and take-off the aircraft; f) Parts and appliances: tools, equipment, mechanisms, parts, equipment, outbuildings or accessories of any kind which are used, or capable of being used for navigation, the operations or the aircraft in flight control, including parachutes, communication equipment, and any other mechanism installed or attached to the aircraft during the flight and those that are not part or parts of the aircraft, the aircraft engines, rotors or propellers; g) aerial Piracy: the conduct described in Articles 195-bis and 195-ter of the Criminal Code; h) Administrative Sanction: penalty that may result in a fine or an administrative measure, or both, with respect to licenses, certificates or permits. Administrative action may result in a letter of warning, a reprimand, suspension or revocation of licenses, certificates and permits; i) Subject: any individual, company, cooperative, association, company, institution or political body including any managing director, trustee, agent or any other similar representative of such persons; l) navigable airspace means the airspace above the minimum flight altitudes prescribed by the regulations issued pursuant to this Act as well as the airspace necessary to ensure the safety of aircraft take-offs and landings; m) License Holder: This term refers to any person who takes the pilot in command or person function, mechanic, crew member, or navigator of an aircraft; or which is in charge and responsible for inspection, maintenance, overhaul and repair of aircraft, engines, propellers, parts and appliances; or which carries out the functions of flight operations inspector. Art. 14 (Powers in matters of Civil Aviation)
1. For the purposes of this Title, the Authority shall have the following tasks: a) prepares draft legislation; b) ensure the implementation of international standards by the airport management company and airport areas under the control of the Republic of San Marino performing supervisory activities; c) issues licenses and supervises the activities of public air transport enterprises, aerial work and air force technical training; d) issues licenses, certifications and aeronautical qualifications; e) registers aircraft and is responsible for holding the aircraft registry; f) controls the mode of conduct of air operations activities; g) monitor the airworthiness of aircraft registered in the Register; h) Maintaining working relations with technical agencies, corporations and national and international organizations involved in civil aviation; i) exercise the technical representation of the Republic of San Marino to the International Organisations of Civil Aviation; l) establishes the tariffs for services provided by the Authority; m) carry out investigations relating to aviation accidents; n) defines the scope and modalities of application of sanctions; o) indicates the delegated State for Transport infrastructure adjustments needed to comply with international standards; p) performs other duties described in Title II. Art. 15 (cooperation with other bodies) 1. The Authority may request the cooperation of San Marino law to other entities for use of their facilities, equipment and infrastructure. 2. The costs of these services are defined through specific agreements between the parties. Art. 16 (Authorization to contract) 1. The Director-General is authorized, in accordance with the appropriations provided and the proper observance of their tasks and duties conferred upon it by this Act and by the Decree of 8 August 2005 and 119 as amended, to conclude contracts for services and benefits by private individuals, private and public organizations in the pursuit of the Authority's objectives. Art. 17 (Exchange of Information) 1. The Director General has the power to exchange information related to civil aviation with other States, through competent authorities and offices of the Republic of San Marino. Art. 18 (Delegation of Functions) 1. The Director-General may delegate the performance of its functions are attributed to the Authority's employees, provided with proven industry experience and expertise. Art. 19 (Rates relating to services rendered by the Authority) 1. Tariffs for services rendered by the Authority shall be established by the Director General. 2. The levy is inclusive of every burden on documents received or issued by the Authority. 3. All fees and administrative fines, the Authority has to issue special debit note. Art. 20 (National Security Plan) 1. The Authority shall establish the National Security Plan aiming to define a suitable level of security in the field of civil aviation as well as provisions of the international ICAO regulations, force from time to time. Art. 21 (Quality) 1. The Authority shall define and adopt a quality system for the procedures and controls required by this Act and to bringing the best international practices. CHAPTER II POWERS AND DUTIES GENERAL Art. 22 (Regulations and Directives) 1. The Director General shall issue guidelines and regulations under the provisions of this Act. 2. The guidelines and regulations referred to in paragraph 1 shall conform to the standards set out in ICAO annexes. 3. In emergency situations that require immediate action in order to ensure civil aviation security, the Director General may take the necessary measures in order to cope with such situations, establishing their immediate effectiveness and the possible validity period. 4. The General Manager is published on the Authority's website the directives and regulations issued. Art. 23 (airspace) 1. The Authority shall exercise its functions in relation to airspace San Marino or other airspace where traffic is not controlled by another State, under a special international agreement. 2. Rules for the use of air space are defined by the Director General by means of directives and regulations. Art. 24 (Air Traffic Discipline) 1. The Director General shall, with its policies and regulations, the discipline necessary for the proper management of air traffic. 2. The rules for the management of air traffic in the preceding paragraph should include: a) the operation of aircraft;
b) navigation, protection and identification of aircraft; c) preventive measures to protect people and property on the ground; d) the efficient use of navigable airspace, including rules that relate to the safety of flight altitude for the prevention of collisions between aircraft, aircraft and ground vehicles or objects and sea and between aircraft and other flying objects. Art. 25 (Safety of commercial air transport) 1. The Director-General prescribes, with directives and regulations, the security checks on passengers and goods carried on board the aircraft in order to prevent violent acts or hijacking. Art. 26 (Training Courses) 1. The Director General shall organize training courses for staff of the Authority on the matters necessary for the proper conduct of all authorized functions. 2. For the programs referred to in paragraph 1 may, at the invitation of the Director General, the office staff and San Marino or foreign authorities and staff of San Marino companies and foreign companies operating in the aeronautics sector. 3. For the participants in the courses is required to pay a contribution, except for public office staff and authorities of San Marino, whose attendance at the courses is prepared for service reasons. Art. 27 (The internal organization) 1. In reference to licenses, certifications and inspections release activities, the Authority is divided into the following sections: a) airworthiness; b) flight operations; c) Personnel licenses. 2. The Director-General confers functions to employees of the Authority in order to ensure better organization of the services and activities covered by this law. Art. 28 (Endorsements) 1. In place of the adoption of the acts of its authority, the Director General can validate documents issued by the authorities of other Member ICAO members. 2. Validation of licenses for flight personnel, certificates of airworthiness and other technical certification is subject to the condition that the foreign state is ICAO member and has therefore complied with the requirements provided for the issuance and validity of such certificates. 3. The validation of permits issued by the Authority of a foreign state member ICAO in relation to aircraft operators shall be subject to the prior production by the subject of appropriate supporting documentation the applicant. Art. 29 (foreign air operators) 1. The Director General shall define an annual program for the monitoring of transactions conducted by foreign operators in the territory of the Republic of San Marino and take suitable actions to preserve the security. 2. No aircraft operator may perform commercial air transportation in the territory of the Republic of San Marino without the required authorization issued under Chapter VII. Art. 30 (Environmental Standards) 1. Aircraft used in air transport must comply with the standards set by international ICAO regulations, force from time to time. Art. 31 (air of dangerous goods) transport 1. The Director-General supports any direct action to ensure compliance with international regulations laid down by the ICAO, force from time to time, with respect to safety in air transport of dangerous goods, and is authorized to submit changes to such instructions when necessary. Art. 32 (Right of access to inspections) 1. The Director General, or authorized personnel, has a right of access at all times to the aircraft, structures, technical documentation and unrestricted recordings, in order to ensure that such aircraft are airworthy. 2. The Director General, or authorized personnel, have the right to access at any time and at any place required to perform tests or inspections in order to determine compliance of the flight operations. Art. 33 (Prohibition of aircraft use) 1. The Director General, or authorized personnel, may forbid the use of a civil aircraft, including through cooperation with the competent police authorities or airport, if: a) there are reasonable grounds to believe that the aircraft is airworthy; b) the licensee is not qualified or physically or mentally fit to undertake the flight; c) the aircraft utilization could cause an imminent danger to persons or property that are on the ground; d) there are security or other public interest requirements. Art. 34 (Investigations related to aircraft accidents) 1. The Director General shall adopt regulations concerning the conduct to be taken upon the occurrence of aircraft accidents. 2. The Director General investigates or gives investigative power of proven subject
technical expertise, on accidents involving aircraft within the jurisdiction of the Republic of San Marino. 3. Taking account of the results referred to in paragraph 2, the General Manager promotes any corrective actions to prevent the recurrence of similar incidents. Art. 35 (International obligations) 1. When exercising the powers and duties under this Act, the Authority must act in compliance with all obligations assumed by the Republic of San Marino on the basis of international treaties, conventions and agreements in force with the United esters. Art. 36 (International Cooperation Agreements in the field of aviation security) 1. The Director General may enter into agreements for cooperation on aviation security with other States ICAO members. These agreements must be ratified by the Executive Committee at its first meeting. 2. The General Director may delegate certain duties related to aviation safety under international agreements to parties San Marino or to foreign companies operating in states with which the Republic of San Marino has signed international agreements. Art. 37 (Transfer of under agreement) 1. The Director General functions may enter into agreements for the transfer of supervisory functions of an aircraft from the register state at the State of the Operator in accordance with Article 83bis of the Chicago Convention, insofar as such agreements define the state responsible for the specific monitoring functions and as long as such agreements are ratified by the Executive Committee at its first meeting. CHAPTER III NATIONALITY 'PROPERTY AND' AIRCRAFT Art. 38 (Registration of aircraft) 1. The Director General by the tightness of the system for national registration of the aircraft. 2. A civil aircraft can operate in San Marino only when it is registered in the aircraft register of San Marino or the register of a Member State ICAO. 3. The Director General shall document when the aircraft: a) is declared fit; b) is not registered in a foreign state; c) both of: 1) the property Ecc.ma Room; 2) a citizen or resident in the Republic of San Marino; 3) foreign national or other state companies that have elected domicile at and maintained a representative resident or legally established in the Republic of San Marino responsible for direct communication and notifications with the Authority; 4) a San Marino law society. 4. The Director-General at the request of the aircraft owner, presented in the forms and methods established, registers the aircraft. As a result of registration of the aircraft acquires the nationality of San Marino. 5. The Director General may refuse registration or suspend or revoke the certificates for the aircraft for security reasons or for other reasons of public interest. 6. The aircraft registration certificate attesting to its ownership or its availability. CHAPTER IV REGISTRATION OF CONTRACTS LEASING AND REAL RIGHTS OF WARRANTY ON AIRCRAFT Art. 39 (Finance leases) 1. The application for the leasing contract registration should be addressed to the Director General by or on behalf of the landlord. The request must be accompanied by original or certified copy of the leasing contract. 2. The Authority, in the event of the application regularly, provides to their registration, which shall notify the parties. 3. The financial leasing contracts are enforceable against third parties from the time of their registration. 4. Where contracts are drawn up in a different by the Italian or English language, the registration application must be accompanied by a certified translation in one of the two languages, as the applicant chooses. Art. 40 (mortgaging Rights) 1. The Authority shall have exclusive competence for the registration in the aircraft register of San Marino referred to in Article 38 of the following real rights of guarantee regarding the aircraft: a) Mortgage; b) pledge. 2. The rights referred to in the preceding paragraph shall be opposable to third parties from the time of their entry in the register. 3. The duration of the recorded rights, unless otherwise agreed between the parties, is determined according to the laws of San Marino. 4. The requirements for the registration of a security interest on an aircraft shall be specified by regulation issued under this law. 5 Where licenses as referred to in points a) and b) of paragraph 1 is drawn up in a different by the Italian or English language, the registration application must be accompanied by a sworn translation into one of the two languages, as the applicant chooses. Art. 41 (Mortgage)
1. The following are entered in the Register of the mortgages securing any credit even on multiple aircraft, and of spare parts of the same aircraft, of one or more owners. 2. Applications for registration of a mortgage in the Register should be directed to the Authority's Director General by or on behalf of the mortgagee. The request must be enclosed original or certified copy of the contract that gives rise to the mortgage. 3. Where two or more aircraft were the subject of a single mortgage or the same aircraft was the subject of two or more mortgages, should be made separate requests for each aircraft or each mortgage. 4. The Authority, in the event of the application regularly, provides to their registration and inform the parties. Art. 42 (Amendment to the registration of mortgage) 1. Any change in the person identified in the Register as lender or mortgagor, the name or address of such person or of the mortgaged property, must be communicated to the Authority. 2. The Authority shall annotation of the amendment referred to in the previous paragraph on the Register and shall inform the parties. Art. 43 (mortgage cancellation) 1. The Authority shall delete the mortgage following the submission of a request signed by or on behalf of the mortgagee, as well as an original or copy of the license that gives rise to the cancellation of the same. 2. The Authority proceeds to the mortgage cancellation and notify the parties. Art. 44 (Removal from the register of aircraft mortgaged) 1. The deletion of an aircraft from the Register shall not affect the rights of the mortgagee based mortgage written into the discharge of the credit guarantees. The existence of the same mortgage is registered in the certificates issued by the Authority at the time of cancellation of the aircraft. Art. 45 (Prevalence of mortgages) 1. The mortgage concerning an aircraft entered in the Register has priority over any right pertaining thereto, except as provided in Article 17 of the Law Ipotecaria March 16, 1854 and other special laws. 2. If there are more mortgages on the same aircraft grade is determined by the date of registration on the registry. Art. 46 (Pledge on aircraft) 1. They are recorded in the register of liens as collateral for any credit even on multiple aircraft of one or more owners. These inscriptions are made on the basis of written document. 2. They can be registered liens on parts or separate parts as an extension of these existing warranty claims on the aircraft as long as it is done on the same visible record is established and fixed deposit abroad. Art. 47 (Amendment to the registration of pledge) 1. Any change in the person identified in the Register as creditor or pledgor, the name or address of such person or asset to be pledged, must be communicated to the Authority. 2. The Authority shall annotation of the amendment referred to in the previous paragraph on the Register and shall inform the parties. Art. 48 (Cancellation of the pledge) 1. The Authority shall cancel the pledge following the submission of a request signed by or on behalf of the secured creditor, as well as an original or copy of the license that gives rise to the cancellation of the pledge . 2. The Authority shall remove the lien and notify the parties. CHAPTER V RULES OF AVIATION SAFETY Art. 49 (Powers and duties on aviation security) 1. The Director General promotes aviation safety through the proposal and periodic review of: a) regulations and directives suitable to implement the applicable standards of the Annexes ICAO; b) all other regulations, rules or standards resulting from other practices, methods and procedures deemed necessary. Art. 50 (flight crew licenses) 1. The Director General shall issue the licenses to the personal flight specifying the functions authorized there. 2. Any person may submit to the Director General a request for the grant of a license. 3. The Director General shall issue the license in accordance with ICAO standards of ICAO Annex 1 to the applicant who possesses the qualifications required and is physically fit to perform the duties inherent in the position for which a license is requested. 4. The Director General, as an alternative to paragraph 2, can validate a license issued by another ICAO Member State. 5. The Managing Director may prohibit or limit the licenses or validate a foreign license for security reasons or for other reasons of public interest. Art. 51 (Airworthiness Certificates) 1. An aircraft registered in the Republic of San Marino is considered to be airworthy only
Following the release of the airworthiness certificate, permit to fly or equivalent document issued or approved by the Authority. 2. The Director General shall issue the certificate referred to in paragraph 1 after having found as a result of technical inspection, the aircraft complies with ICAO standards. 3. The Director-General may prescribe the airworthiness certificate of the same duration as well as any other terms, conditions, limitations and information required in the interest of aviation safety. 4. Each certificate of airworthiness issued by the Director-General shall be kept in special registers. 5. The Director-General may prescribe the terms under which they may take additional airworthiness approvals involving aircraft changes. Art. 52 (Aviation Insurance) 1. No aircraft can be considered airworthy if it is not covered by appropriate insurance cover under the provisions of Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 as amended and additions. Art. 53 (Facilities for training and maintenance) 1. The Director General responsible for the preparation of the tests or the issuance of the certificates to: a) facilities for flight training and for the repair, modification, maintenance and overhaul of aircraft, engines, propellers, parts and appliances; b) facilities approved for maintenance or repair, modification, overhaul of aircraft, engines, propellers, parts and appliances. 2. The General Manager issues the certification in such structures as a result of the positive result of the relevant inspection. Art. 54 (Safety standard for air navigation infrastructure) 1. The Director-General prescribes requirements for air navigation infrastructure located in the Republic of San Marino. 2. The General Manager issues the certification and establishes safety standards for aerodromes within the jurisdiction of the Republic of San Marino. Art. 55 (Certification of airport facilities) 1. The stakeholders of the management of an airport structure are required to submit to the Director General a request for granting certification thereof. 2. The Director General shall issue the certification referred to in paragraph 1 if, after appropriate checks, it finds that the applicant is adequately equipped and possesses the ability to conduct operations in a safe condition in accordance with ICAO standards. 3. The certificate shall prescribe the conditions and limitations considered necessary to ensure safety in air transport. These conditions must include: a) operation and maintenance of adequate safety equipment, including fire appliances and recovery equipment to enable quick access to every part of the airport used for landings, takeoffs or surface maneuvering of aircraft ; b) the status and maintenance of the runways. Art. 56 (Duties of operators and flight crew) 1. E 'duty of every commercial air operator to ensure that maintenance and aircraft operations are carried out in the public interest and based on the requirements of the Authority. 2. Any trader engaged in dangerous goods transport must observe and comply with the requirements of the international ICAO regulations, force from time to time. 3. The flight crew must observe and fulfill the requirements and limitations contained in their license. 4. Every person employed in jobs in the civil aviation sector must observe and comply with the requirements laid down by the Authority. Art. 57 (Inspections) 1. The Director General has the inspections of aircraft, engines, propellers, rotors, parts and appliances used by civil aircraft operators, to determine their relative safety status to the operations for which they are employed to ensure the 'assistance to the operators for the purposes of adoption of interventions required as a result of inspections and maintenance. 2. If as a result of the actions referred to in paragraph 1, the Director General finds that aircraft, engines, propellers, rotors, parts and appliances, used or intended to be used by civil aviation operators, are not fit to conduct safe operations, the same is required to notify the unsuitability operators. Such aircraft, engines, propellers, rotors, parts and appliances should not be used in civil aviation, unless and until the deficiencies have not been removed. Art. 58 (Modification, suspension and revocation of certificates) 1. The Director General may periodically be inspected or additional examination each
civil aircraft, engine, propeller, rotor, and of relevance, structure approved for maintenance, flight school and every license holder issued pursuant to Article 50. 2. As a result of inspections and additional examinations, or upon any other survey undertaken by the General Manager, the same can modify, suspend or revoke any certificate issued under this law. 3. The Director-General shall notify the person concerned, the complaints and the reasons for the measures referred to in paragraph 2 and, except in emergency cases, shall allow the holder of such certificates the right to respond to any challenge and be heard on the reasons of the corrective actions. 4. Those whose certificates have been submitted to the General Manager notification can submit a complaint to the same within fifteen days of notification. 5. The presentation of the appeal does not suspend the effectiveness of the measure taken by the Director General. CHAPTER VI ADMINISTRATIVE SANCTIONS AND PENALTIES Art. 59 (Administrative penalties) 1. Persons who commit violations against the provisions of this Act, the regulations or the regulations issued under it are subject to administrative penalties defined below. 2. The Director General has the power to evaluate and commisurare all administrative penalties. In determining the extent of such penalties, must take into account the nature, circumstances, extent and gravity of the violation committed and, with regard to the person who committed the violation, any previous violations and all other facts that may be required with a view to a proper evaluation. 3. In the case of aircraft involved in an infringement committed by the owner or operator, the General Manager may impose restrictions on such aircraft. 4. Unless the act constitutes a crime, it shall be punished with an administrative fine from EUR 5,000.00 to EUR 15,000.00, the aircraft commander that: a) uses an aircraft not registered or not in possession of the certificate of airworthiness; b) uses an aircraft without having or without the crew has the necessary licenses or qualifications required, the penalty shall also apply to crew members; c) using the aircraft without permission of the operator; d) using the aircraft without the required registration marks or with non-regulation brands; e) carries out flights without that the aircraft is covered by the required insurance coverage; f) fails to comply with the shut-off procedures in the cases provided by a specific Authority Regulation; g) contravenes the provisions relating to the maintenance and updating of ship's documents; h) carries out flights in prohibited or restricted areas or flying objects launches; i) perform takeoffs or landings without the necessary authorizations or relevant permits from the relevant authorities; l) perform aerobatic flights, launches paracadustisti or unsafe practices for public safety without the necessary authorizations; m) perform flights at lower altitudes as provided by the relevant regulations; n) perform without maneuvers such as to endanger persons or property on board an aircraft; or) fails to comply with orders given by the air traffic control; p) carries no valid reason landings on areas not intended landing of aircraft; q) refuses without valid reason to participate in search and rescue operations; r) boarding or landing passengers and goods in violation of regulations; s) early flight without having on board the documents provided by the Authority. In the cases referred to in a), b), d), e), f) and q) also applies the revocation of the license to fly. In the cases referred to in points l) and o) apply the suspension of the license of one to six months. 5. Unless the act constitutes a crime, shall be punished with an administrative fine of EUR 10,000.00 to EUR 25,000.00 the operator: a) entrusts to the captain an aircraft not airworthy; b) leave an aircraft for the exercise without that the same is registered; c) register in a foreign register the aircraft without the same is deleted from the register of San Marino; d) entrust the captain an aircraft without being covered by appropriate insurance cover. In the situation described in d) the airworthiness of the aircraft is suspended from one month to six months. 6. Unless the act constitutes a crime, shall be punished with an administrative fine from EUR 500.00 to EUR 2,000.00 anyone who: a) Waste Authority produce the vehicle documents; b) organizes or participates without permission to air shows with stunts or launches of paratroopers; c) both on board aircraft without permission of the master or without a valid license;
d) is on board while intoxicated or under the influence of drugs with the exception of the commander; e) fails to comply with instructions issued by the commander; f) being supposed to do, not to satisfy an obligation of an accident or incident reporting; g) deliberately produces a projection of a bright light source into navigable airspace entail a risk to aviation safety, damage to aircraft or injury to persons on board aircraft. Unless the act constitutes a crime, any other non-compliance with the provisions of this Act, regulations or directives shall be punished with an administrative fine from EUR 500.00 to EUR 1,000.00. 7. Unless the act constitutes a crime, shall be punished with an administrative fine of EUR 15,000.00 to EUR 30,000.00 the operator making commercial flights for a fee without having obtained the necessary authorizations. 8. Unless the act constitutes a crime, it shall be punished with an administrative fine from EUR 5,000.00 to EUR 25,000.00 the trader that: a) refuse without justification access of its services to the public; b) does not fulfill its obligations under the Air Operator Certificate; c) does not respect the maintenance programs or other obligations in the interest of flight safety; d) make several flights from the provisions of the Air Operator Certificate. 9. The size of the administrative penalties referred to in paragraphs 4, 5, 6, 7 and 8 is subject to possible revision and in any case to annual ratification by proper delegated decree. Art. 60 (Offences) 1. Alteration of certificates, licenses and registration marks: a) anyone who counterfeits or alters certificates and licenses the issue of which is provided for by this Act, or using certificates or counterfeited or altered licenses shall be punished by second-degree imprisonment and a fine; b) anyone who exposes or induces the exposure of aircraft makes false or misleading information about the aircraft's nationality shall be punished by imprisonment and a fine of the second degree. 2. Interference with air navigation: a) anyone who, in order to interfere with air navigation within the territory of San Marino, improperly installed lights, signals and communications in one place or in a manner as to be mistaken for lights or signals provided for under of this Act, or lights or signals belonging to other airports or navigation facilities duly authorized; b) anyone who knowingly remove, disable or interfere with the operations of lights and light signals provided; He shall be punished by imprisonment and a fine of the second degree. 3. Any person who, acting as a representative or employee of an air operator, omits or refuses to perform the preparation or preservation of reports, records and memories in the manner prescribed by the Director General; or partially alter or delete reports, reports, records or memories; or deposits relations, relationships, registrations or false memories is punishable with imprisonment and a fine of the second degree. 4. Any person who fails or refuses to provide the information or documents required by the General Manager, shall be punished by imprisonment and a fine of the second degree. 5. Any person who, while you are in an aircraft, interferes with the performance of the functions of crew members or diminish their ability accomplishment of these tasks, or anyone interfering with the performance of duties by members of the crew, assaults, intimidate or threaten the same shall be punished by imprisonment in the fourth degree and a fine. 6. Anyone who, while you are on board or in an attempt to board an aircraft used or intended to be used in commercial air transport operations, transport weapons, bombs or explosives, shall be punished by imprisonment in the fourth degree and the fine. This subparagraph does not apply to officials of the armed forces of San Marino which are authorized and required to hold weapons by their official functions. 7. Anyone who, in order to endanger the public safety, interferes with the safety of aircraft operations conducted by San Marino shall be punished by imprisonment in the fourth degree and a fine. 8. Every person who without authority removes, conceals or hides any part of aircraft involved in accidents, or any good that is on board the aircraft at the time of the accident, shall be punished with imprisonment for second degree and fine. 9. Every person who, having knowledge of the provisions of this Act, carries freight, luggage or other property in violation of the provisions of ICAO international regulations on the transport of dangerous goods, force from time to time, shall be punished with imprisonment and third-degree a fine. 10. The commander who performs his duties in a state of mental and physical impairment resulting
the use of alcohol or taking drugs or psychotropic substances or abuse of drugs is punished with imprisonment of third degree and a fine or with one or the other of these penalties. It 's always willing the third-degree disqualification from driving license. CHAPTER VII REGULATION OF AIRCRAFT OPERATORS Art. 61 (Aircraft - AOC Operator Certificate) 1. The Director General shall issue the Air Operator Certificate (AOC) and sets minimum safety standards for the operations performed by aircraft operators. 2. To obtain the air operator certificate must be submitted request to the Director General in the ways and forms provided. 3. The Director General may refuse to issue the Air Operator Certificate, or suspend or revoke it for security reasons or for other reasons of public interest. 4. The Director General shall issue the Air Operator Certificate if, after appropriate investigation verifies that the applicant is adequately equipped and possesses the ability to conduct operations in a safe condition in accordance with the requirements of the Authority. Art. 62 (Operating License) 1. No commercial aircraft operator may engage in commercial air transport unless it is in possession of an operating license issued by the Director General. 2. The Director General may amend or suspend any license for failure to comply with any conditions provided for therein. 3. No license may be transferred unless such transfer is approved by the Director General taking into account the public interest. 4. Each license holder must demonstrate consistently to be fit and able to perform properly the air transport services for which it has been licensed. Art. 63 (permits issued to foreign air operators) 1. No foreign air operator must undertake commercial air transport operations within the territory of the Republic of San Marino, unless authorization has been issued by the Director General. 2. The Director General shall issue the authorization referred to in paragraph 1 if it is established that the applicant is a suitable person for international commercial air transport. 3. The Director General may modify or suspend any authorization for failure to comply with any condition in which it provides. 4. The applicant must meet the requirements of international regulations on insurance. The authorization does not remain in force if the foreign air operator does not meet this subparagraph. CHAPTER VIII TAX REGIME Art. 64 (Rules on import) 1. Inclusion in the register is a prerequisite for the import tax payment. 2. The tax on the import of aircraft intended for single tangible fixed asset for San Marino companies, or foreign companies, in compliance with Article 38, paragraph 3, c 3), shall be established by art. 5 of the Decree of 27 October 2003 n. 135, as amended. Art. 65 (paragraph 2 of Article 5 of the Decree Replacing October 27, 2003 # 135) 1. Paragraph 2 of 'Article 5 of the Decree 135 of 27 October 2003, as well as amended by Article 100 of the Law of 22 December 2 010 194, is thus replaced: "the aircraft, intended for tangible fixed asset for San Marino companies or foreign companies registered in the aircraft register in accordance with Article 38, subsection 3, paragraph 3 c) of the reform Law on civil aviation, benefiting the rate subsidized to the extent of 2%. ". Art. 66 (Amendment to Article 5 of the Decree 135 of 27 October 2003) 1. After paragraph 2 of Article 5 of the Decree 135 of October 27, 2003, as amended by Article 100 of Law 22 December 2010 n .194, is inserted the following paragraph 3: "the aircraft registered in the records of the Authority in accordance with Article 38, paragraph 3, of the reform Act on civil aviation c 3) are exempt from performance point tax single-phase for the import, when all of the following conditions: a) has a maximum certificated take-off weight (MTOW) of more than 5,700 Kg. This limitation does not apply to turbine helicopters; b) are based outside of the Republic of San Marino territory and outside of the states with which the Republic of San Marino has a base of aircraft agreements; c) it has been signed a special partnership agreement between the Authority for Civil Aviation and Maritime Navigation and a foreign company which relates to the registration and other operations related to aircraft that have the characteristics referred to above. ". Art. 67 (Amendments to the Decree 135 of October 27, 2003)
1. After Article 5 of the Decree 135 of 27 October 2003 introduces the following article: "Art. 5-bis (Set on the import of aircraft for commercial use) 1. Aircraft imported to San Marino for commercial purposes, and resulting from specific air operator certificate issued by the Authority for Civil Aviation and Maritime Navigation of the Republic of San Marino to San Marino operator, granted exemption from VAT for all the single-phase commercial use period. 2. Where the aircraft imported under paragraph 1 are deleted from the Air Operator Certificate issued to the operator of San Marino, the latter will be required for the performance of single-phase on the value at the time of removal from the Air Operator Certificate. ". TITLE III FINAL PROVISIONS CHAPTER I PROVISIONS FOR TRADERS OF INDUSTRY Art. 68 (name and brands of the sector economic operators) 1. And 'forbidden to economic operators in the aviation industry to use, in whole or in part, as its name, logo or any other distinctive elements identifying its Authority. 2. They are considered elements identifying its authority all the symbols and expressions with distinctive capabilities such as to induce third parties to an immediate and direct connection with the Authority or his public activity. 3. Included within the definition set out in paragraph 2 also bearing expressions, in any recognized language, the San Marino brands register aircraft (T7 - Tango Seven). 4. The prohibition referred to in paragraph 1 shall not apply in respect of economic operators who have specific technical assistance agreements with the Authority, approved by resolution of the State Congress. 5. The economic operators in the aircraft sector are required to comply with the provisions of this Article within the period of three months from the date of entry into force of this Act, unnecessarily after which will be amenable to the penalties provided for in Article 70. Art . 69 (Supervision) 1. the Civil Police Force monitor compliance with the provisions of Article 68. 2. the Civil Police Force, if it finds violations of Article 68, made of the fact finding, by minutes and the complaint to the Judicial Authority for the application of the penalty referred to in Article 70. 3. the certified report be drawn up in a single original, retained by the Civil Police Force, which is provided with a copy to the person . A certified copy shall be sent to the Judicial Authority and to the Authority. Art. 70 (Sanctions) 1. Non compliance with Article 68 is punishable by an administrative fine ranging from a minimum of € 2,000.00 to a maximum of EUR 10,000.00. 2. With the imposition of the administrative fine can also order the change of the economic operator's name and the removal of the brands and all other distinctive signs illegitimate results under this law to the offender's expense. CHAPTER II FINAL PROVISIONS Art. 71 (Amendments to this Act) 1. Amendments to this law are set by delegated decree within twelve months after entry into force of this Act. 2. Within six months after entry into force of this law, it will be issued a delegate decree containing the provisions necessary to give effect to the Capetown Convention of 16 November 2001 on International Interests in Mobile Equipment and its Protocol relating to aircraft equipment. Art. 72 (Repeals) 1. repealed all rules contrary to the present law and in particular: - the Law 87 of November 30, 1992; - Law 9 of 16 January 2001; - The Chief Executive Decree 96 of 10 August 2007; - Articles 1,2,3,4 and 5 of Title I of Annex B of the Delegate Decree 8 August 2005 n.119; - Annex C of the Chief Executive Decree 8 August 2005 n.119; - The Chief Executive Decree 129 of 10 August 2012. - Article 60 Annex A of Law 5 December 2011 n. 188. - Article 99 of Law 194 of December 22, 2010. Art. 73 (Entry into force) 1. This law comes into force on the fifteenth day following that of its legal publication. Our Residence, this day of July 29 2014/1713 THE CAPTAINS REGENT Valeria Ciavatta - Luca Beccari THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini