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Act No. 2015-10 May 04, 2015

Original Language Title: Loi n° 2015-10 du 04 mai 2015

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LAW

Law n ° 2015-10 of 04 May 2015

Law No. 2015-10 of 04 May 2015 on the Civil Aviation Code.


Explanatory memorandum

Civil Aviation of Senegal has been the subject of several audits of its system for the supervision of safety and security by the International Civil Aviation Organization (OACl), the Federal Aviation Administration of the United States of America (FAA) and the African Economic and Monetary Union (UEMOA).

These various audits identified gaps in the legislative, regulatory and organizational frameworks in relation to the recommended standards and practices of the Appendices to the Chicago Convention.

Decree No. 63-619, published in the Official Journal of 31 August 1963 concerning the certificates of airworthiness of aircraft and the approval of a control company, delegated to the Bureau Veritas the control functions for the grant and the Maintaining the airworthiness of aircraft registered in Senegal. These responsibilities were in 2005, in full and the charges and charges levied by the former Agence Nationale de l' Aviation Civile du Sénégal (ANACS) without due legal basis.

With regard to the safety of air traffic, no provision of Act No. 2002-31 of 12 December 2002 on the code of civil aviation allows for the supervision of the Civil Aviation Authority, ASECNA, the service provider of Air navigation.

The audits also demonstrated the non-existence of aeronautical penalties for infringements of the Senegalese aeronautical regulation.

In addition, Act No. 2002-31 of 12 December 2002, cited above, does not provide for all provisions for the protection of civil aviation against acts of unlawful interference in order to deal effectively with the upsurge in civil aviation. Threats and attempted terrorist attacks using aircraft or airport facilities.

Finally, in the same Law No. 2002-31 of 12 December 2002, the provisions relating to the investigation of aviation accidents and incidents do not comply with the relevant international standards.

Furthermore, Regulation No 01 /2007/CM/UEMOA adopting the Community Code of Civil Aviation of the Member States of UEMOA requires the Member States of the Union, the establishment of a civil aviation authority with financial autonomy and Management with a legal personality.

For example, the proposed new Civil Aviation Code consists of two hundred and ninety-nine (289) articles in seven books. It brings many innovations into the basic aviation legislation.

The new wording introduces the Community requirement on the autonomy and legal personality of the civil aviation authority and corrects the deviations identified by the audits, relating to the strengthening of the prerogatives of the Authority. Civil aviation, the carrying out of the tasks of supervising operators and service providers and the specification of civil aviation security provisions.

Always taking account of Community provisions, the new code extends the right to registration in the Senegalese register, to aircraft belonging to nationals of the Member States of UEMOA.

With regard to the financial resources of the Civil Aviation Authority, the draft Code introduces new charges in order to cover all areas of competence of the authority.

In order to strengthen measures for the protection of exploitation and the environment, criminal sanctions have been issued in accordance with the Environmental Code and Community provisions.

The introduction of book VI on the investigation of serious aviation accidents and incidents, allows the implementation of the obligations of the State in this field, in accordance with the principle of independence of the technical investigation in relation to Judicial inquiry.

For example, the new Civil Aviation Code repeals Acts No. 2002-31 of 12 December 2002 and No. 2005-27 of 26 August 2005 amending Act No. 2002-31 of 12 December 2002 on the code of civil aviation. It also annuls Law No. 88-08 of 12 August 1988 on traffic police in the premises of Léopold Sédar Senghor Airport whose application has been extended to all aerodromes in Senegal.

This is the economy of this Act.




The National Assembly adopted at its meeting on Tuesday 21 April 2015,
The President of the Republic enacts the following legislation:

BOOK 1
FROM THE CIVIL AVIATION AUTHORITY

TITLE 1. -THE CREATION AND STATUS OF THE AUTHORITY
CIVIL AVIATION

Chapter I. -THE CREATION OF THE CIVIL AVIATION AUTHORITY

Article 1. -A Civil Aviation Authority is hereby established.

The Civil Aviation Authority is a legal person under public law, with financial and managerial autonomy, placed under the supervision of the Minister responsible for civil aviation.

Art. 2. -The Civil Aviation Authority shall be responsible, in particular, on behalf of the State:

1) the implementation of the State policy on civil aviation;

2) the promotion of civil aviation in Senegal;

3 °) of the negotiation of bilateral and multilateral agreements and agreements relating to civil aviation, within the framework of the clearances and mandates conferred by the State;

4) the development, dissemination and harmonization of technical regulation of civil aviation in accordance with the standards of the International Civil Aviation Organization (ICAO);

5 °) the development and implementation of the civil aviation and air transport strategy, in accordance with the national priority guidelines;

6 °) of the monitoring of the application of national legislation in force and of the international conventions signed and ratified by Senegal;

7 °) of the management of the traffic rights portfolio resulting from the air agreements signed by the State of Senegal;

8 °) control of the safety and supervision of the safety of civil aviation;

9 °) of the coordination, supervision and control of all aeronautical and airport activities in Senegal as well as the monitoring of the activities of international and regional organisations involved in aviation Civilian;

10 °) of the monitoring of the management of the land heritage of the State assigned to civil aviation.

11 °) monitoring and management of the state's civil aviation commitments.
In addition, the Civil Aviation Authority is responsible for all other tasks entrusted to it by the public authorities in accordance with the laws and regulations in force.

The Civil Aviation Authority shall be a member of the right of committees, committees, assemblies and councils to which the object relates to its tasks.

CHAPTER 2. -THE ORGANISATION, OPERATION AND RESOURCES OF THE CIVIL AVIATION AUTHORITY

Article 3. -The organisation and operating rules of the Civil Aviation Authority are laid down by decree.

Art. 4. -Civil Aviation Authority resources include:
1 °) the charges for services rendered whose base, rates and recovery arrangements are fixed by decree;

2) the products of aeronautical and extra-aeronautical charges;

3 °) products derived from the certification and continuous monitoring of operators;

4) concession products;

5 °) products derived from carrying out studies on behalf of users;

6 °) products derived from the production of documents and/or data;

7 °) the products of the aeronautical fines and penalties imposed as an administrative penalty as provided for by decree;

8 °) all budgetary allocations of the State;

9) the loans, credits and grants awarded by development partners, donations and bequests, all other revenues provided for in the laws and regulations in force.

Equipment related to the safety and security of civil aviation acquired by the Civil Aviation Authority may be exempt from fees.

TITLE II. -POWERS OF THE CIVIL AVIATION AUTHORITY

CHAPTER I. -GENERAL DUTIES AND FUNCTIONS

Art. 5. -The Civil Aviation Authority has the power to take action in the exercise of its tasks to conduct investigations.

It shall make the necessary arrangements for the publication of all reports, orders, decisions and all texts adopted in the forms and in the manner that is most appropriate for the information and the use of the public.

Article 6. -The Civil Aviation Authority may reject, cancel, modify, suspend, withdraw all reports, orders, decisions and all texts provided for in Article 5
Above.

Art. 7. -The Civil Aviation Authority may:

(1) acquire by purchase, lease or otherwise, movable or immovable property, including in the case of aeronautical navigation or aeronautical meteorology facilities owned and operated by the State;

(2) to collect the rights inherent in easements or other rights in the airspace situated in the immediate vicinity of those installations and necessary for their proper functioning.

CHAPTER 2. -TECHNICAL POWERS

Article 8. -The Civil Aviation Authority is involved in the preparation of the policy defined by the State in the field of the use of the airspace of Senegal and ensures its implementation.

In agreement with the military authorities, it ensures the proper coordination between general air traffic and military operational traffic under conditions laid down by decree.

Art 9. -The Civil Aviation Authority is responsible for monitoring the application of air traffic regulation.

The Civil Aviation Authority may, under conditions laid down by decree and in order to ensure the continued operation of aircraft and/or aeronautical installations, grant an exemption or temporary derogation in accordance with Regulations in force.

Art. 10. -The Civil Aviation Authority certifies and inspects in a permanent way aircraft operating within the national territory, crews and airlines.

In the exercise of its certification and inspection tasks, it may validate the certificates and licences issued by the civil aviation authority of another Contracting State in accordance with the conditions laid down by decree.

It is also entitled to issue, suspend, withdraw or cancel aerodrome certificates and runway approval decisions.

Art. 11. -The Minister responsible for civil aviation grants licences for assistance or self-handling in stopovers in accordance with the conditions laid down by decree.

Art. 12. -The tasks of regulating and supervising safety and security are the exclusive competence of the Civil Aviation Authority.

Art. 13. -The Civil Aviation Authority shall, inter alia, develop and approve:

1) the national security programme;

2) the national performance-based navigation plan;

3) the national civil aviation security programme;

4) the national programme for the quality control of civil aviation security;

5 °) the national civil aviation security training programme;

6) the national certification program for screening inspection staff and any other security personnel;

7 °) the national facilitation programme;

8 °) any other programme or plan relating to civil aviation provided for in the conventions to which the State is a party.

The Civil Aviation Authority shall ensure the implementation and updating of the plans referred to in the first paragraph of this Article.

The Civil Aviation Authority may delegate certain operational activities of security in accordance with the procedures laid down by decree.

Art. 14. -In the context of its tasks, the Civil Aviation Authority shall in particular:

1 °) carry out the necessary inspections on infrastructure, aerodromes, air navigation services, meteorological services and installations, aircraft, air service operators, aeronautical personnel, groups Propellants and on-board equipment of aircraft, shipboard documents, centres or bodies whose activity relates to civil aviation;

2 °) provide advice to each carrier or operator for the inspection and maintenance of these various components.

Art. 15. -To ensure the monitoring and supervision mission provided for in the previous Article, a body of civil aviation inspectors appointed by the Civil Aviation Authority under the conditions of the Civil Aviation Authority shall be established within the Civil Aviation Authority Fixed by decree and which take an oath before the competent regional court according to the following formula: I swear to carry out my duties with probity in strict compliance with laws and regulations."

In the course of its missions, the inspector is empowered to:

1 °) to investigate and record infringements of the Civil Aviation Code of Senegal;

(2) to request the force of the public in the performance of its functions;

3 °) access at any time, aircraft, aeronautical facilities and services and documents.

In addition, by delegation of authority and, in the event of a breach of the provisions of this Code, the Civil Aviation Inspector may, as a precautionary measure, prohibit any operator or individual from exercising the privileges conferred on him by the licence, Certificate, certification or authorization issued to it.

In carrying out his duties, the inspector shall be protected against threats and outrages of any kind. In addition, it cannot be prosecuted or judged for analyses, assessments, comments, assessments, opinions or recommendations made in an inspection report.

The rules for the application of this Article shall be determined by decree.

Art. 16. -The Civil Aviation Authority may impose, in accordance with the laws and regulations in force, uniform procedures for the inspection, detection of prohibited articles and articles, search of terminal installations, aircraft, Persons and goods at the level of commercial air transport and civil aviation to ensure their safety.

Art. 17. -The Civil Aviation Authority may, for any reason relating to its tasks of supervising safety and security, re-inspect or re-examine in the national territory any civil aircraft, any motor, propellant, elements Of aircraft, shipboard documents, any propellant group, any air carrier, any civil disquietc member, aviation maintenance or training organization.

Art. 18. -The Civil Aviation Authority may, in the investigation of serious aviation accidents or incidents, assist the competent body or entity in the event of an application.

Art. 19. -The Civil Aviation Authority is empowered to set up training schools for civil aviation under conditions laid down by decree.

Art. . The Civil Aviation Authority shall prohibit the operation of an aircraft and shall take the necessary measures to prevent it from flying when that aircraft or its operation may or are likely to present a danger to passengers, Goods or third parties located on the surface. The Civil Aviation Authority shall take all necessary measures to hold the aircraft in question to the ground. This prerogative is the exclusive competence of the Civil Aviation Authority.

BOOK II
AIRCRAFT

Art. . - Within the meaning of this Code, is qualified aircraft, any device that can be supported in the atmosphere by reactions of air other than those of the air on the earth's surface.

Art. 22. -Aircraft used for services, such as military, customs or police services, shall be subject, in respect of the provisions of this Code, only to the application of the rules relating to the liability of the owner or Operator.

Article 23. -Where the aircraft cited in the preceding Article carry out flights other than those corresponding to the activity of their own, their pilots shall be subject to the provisions of this Code relating to liability arising out of the operation Aircraft.

TITLE I. -REGISTRATION, NATIONALITE, OWNERSHIP, GUARANTEES AND SEIZURES OF AIRCRAFT

CHAPTER I. -REGISTRATION, NATIONALITE AND PROPERTY OWNERSHIP

FIRST SECTION. -REGISTRATION

Art 24. -An aircraft may operate only if it is registered. The registration scheme shall be determined by the rules below except as otherwise provided by the Economic Union and West African Monetary Union, in particular those relating to the air carrier licence.

Paragraph 1. -From the register of registration

Art. 25. -A register of registration of civil aircraft maintained by the Civil Aviation Authority is hereby established.

Paragraph 2. -Conditions of registration

Article 26. -May be registered in the register defined in Article 25 of this Code, the aircraft belonging to the State of Senegal or to a natural or legal person of Senegalese nationality or national of a Member State of Economic and Monetary Union West African.

Article 27. -Senegalese East, the following legal person defined when it actually has its registered office on Senegalese territory:

(1) the partnership, of which more than half of the social shares belong to persons of Senegalese nationality;

(2) the limited liability company, of which more than half of the shares belong to persons of Senegalese nationality;

3 °) the limited company whose shares are nominative and belong to more than half of the persons of Senegalese nationality;

4 °) the grouping of economic interest and all other legal persons with commercial objects, the majority of which belong to persons of Senegalese nationality or in the absence of social capital, of which more than half of the members are Senegalese nationality;

5 °) the association whose officers or administrators and three-quarters of the members are of Senegalese nationality;

However, the State may, on an exceptional basis, grant derogations from the previous provisions without prejudice to Community provisions on competition from the African Economic and Monetary Union.

Art. 28. -By way of derogation from the provisions of Article 27 of this Code, any aircraft belonging to a foreigner whose legal domicile is in Senegal, or belonging to a foreign company or association whose head office is in Senegal or Belonging to an organization of which Senegal is a member, may be registered in Senegal.

Article 29. -The same is true of an aircraft whose owner has a useful activity in the economic, social or cultural development of Senegal.

However, the registration of an aircraft belonging to a foreign national must be subject to an authorisation issued by the Minister responsible for civil aviation.

Article 30. -An aircraft registered abroad may be registered in the Senegalese register only after the cancellation of its entry on the foreign register.

Article 31. -An aircraft registered in a third State in the African Economic and Monetary Union cannot be operated in Senegal beyond six (06) months by a natural or legal person governed by Senegalese law without being registered in the national register. The registration process is defined by Order in Council.

Paragraph 3. -Certificate of registration

Article 32. -Registration in the registry identifies the aircraft. It is attested by the grant by the Civil Aviation Authority of a registration certificate bearing the name and address of the owner, the manufacturer and the designation of the aircraft given by the manufacturer and the serial number Of the aircraft.

Art. 33 . - Any certificate issued by the Civil Aviation Authority may be suspended, cancelled or cancelled for a fair cause or if the Civil Aviation Authority considers such suspension, cancellation or cancellation in accordance with the general interest.

SECTION II. -THE NATIONALITE OF AIRCRAFT

Paragraph 1. -The acquisition of nationality

Article 34. -Any aircraft registered in the Senegalese register shall have the nationality of Senegal and shall bear the nationality and registration marks provided for by decree.

Paragraph 2. -Loss of nationality

Article 35. -In the event that one of the conditions laid down in Articles 26, 27 and 28 of this Code is no longer satisfied, the owner of the aircraft shall make the declaration to the agent responsible for the keeping of the registration register, which shall Cancellation of registration.

In the absence of a declaration by the owner, the cancellation of the registration register shall be pronounced by decision of the Director General of the Civil Aviation Authority.
The cancellation of registration automatically results in the loss of nationality.

Article 36. -Except in cases of forced sale carried out in accordance with the rules laid down by decree, an aircraft cannot be removed from the registration register if it has not been given a prior lifting of the registered right.

Except in the case of forced sale in the form prescribed by decree, the registration of an aircraft cannot be transferred to another State, without a prior lifting of the registered rights or without the consent of the holders.

Until such time as this condition has been fulfilled, the agent responsible for keeping the registration register shall refuse any cancellation.

SECTION III. -THE PROPERTY OF THE AIRCRAFT

Paragraph 1. -The acquisition, transfer and transfer of ownership

Art. 37. -Registration in the register of registration is valid. The registration register shall be public and any person may obtain a certified copy, at its own expense, in accordance with the arrangements laid down by the ministerial order of the Minister responsible for civil aviation and the Minister of Finance.

Article 38. -The aircraft constitutes personal property. However, the assignment of ownership shall be evidenced in writing and shall not have effect vis-à-vis third parties unless it is entered in the registration register.

Any transfer of ownership, death and any translational, constitutive or declaratory judgment of ownership must be entered on the register at the request of the new owner.

Paragraph 2. -From the registration of rights on an aircraft

Art. 39. -The Civil Aviation Authority may establish a system for the registration of documents affecting the title or ownership of any civil aircraft registered in Senegal and any cell, engine, propellant, apparatus or parts thereof Aircraft spare parts for use on an aircraft.

Upon the establishment by the Civil Aviation Authority of such a registration system, no agreement or agreement affecting the title of ownership or ownership of an aircraft, cell, engines, propellants, apparatus or parts thereof Aircraft detached, is not valid if it has not been registered in the system.

However, this agreement or convention will remain valid between the parties that have concluded it.

Art. 40. -The validity of any document so registered, unless otherwise indicated by the parties concerned, shall be determined in accordance with the laws of Senegal.

The obligations relating to the registration of documents shall be determined by decree.

Paragraph 3. -Loss of Aircraft

Art. 41. -Any person who finds an aircraft wreck must immediately make the declaration to the nearest administrative authority.

However, the rules for shipwrecks apply only to aircraft wrecks found at sea or on the seashore.

In the event of the disappearance of an aircraft, the aircraft shall be deemed to have been lost three months after the date of the dispatch of the latest news.

The death of persons on board the aircraft may, after the expiry of this period, be declared by judgment under the conditions and in accordance with the provisions of the Family Code.

CHAPTER 2. -GUARANTEES AND AERONEFS SEASONS

SECTION 1. -GUARANTEES RELATING TO AIRCRAFT

Paragraph 1. -Of the mortgage

Art. 42. -Aircraft may be subject to conventional or forced mortgage. The registration of the mortgage shall be in accordance with a procedure determined by decree.

Art. 43. -The plate of the mortgage shall bear, as soon as they belong to the owner of the aircraft on the cell, the engines, propellers, aircraft and all parts intended for continuous use in the service of the aircraft, whether they do so with the aircraft owner Or are temporarily separated.

Art. 44. -The mortgage may be subject to a single act, all or part of the aircraft belonging to the same owner, provided that the various elements of the fleet are individualised in the act.

Article 45. -The mortgage may be extended as an accessory to spare parts corresponding to the type of aircraft or aircraft being mortgaged, provided that such parts are customised.

Spare parts shall be stored in one or more locations subject to the publicity provided for in Article 47 of this Code.

Where spare parts are used on the aircraft to which they are assigned, they shall immediately be replaced. The creditor must be informed of such use.

Article 46. -The spare parts referred to in the foregoing Article shall include all parts of aircraft, engines, propellers, radio apparatus, instruments, equipment, toppings, parts thereof and more generally all objects, Of any kind, preserved for the replacement of parts of the aircraft, subject to their individualisation.

Art. 47. -An appropriate advertisement, in particular by means of a poster, shall give due notice to third parties of the nature and extent of the right of which such documents are encumbered and to mention the register where the mortgage is recorded and the name and address of the Its owner.

An inventory showing the nature and number of such documents shall be annexed to the document.

Art. 48. -The mortgage is, on pain of invalidity, found in writing. The instrument of incorporation may be authentic or private. It should refer to each of the items on which the mortgage is located.

The constitutive act can be ordered, in this case the endos carries a translation of the mortgage right.

The mention in the deed of sale of an aircraft that all or part of the price remains due to the seller, unless otherwise provided by the parties, causes mortgage to the benefit of the seller as security of the sum remaining due on condition that the seller requires The registration of this mortgage in the prescribed form.

Art. 49. -An aircraft under construction may be mortgaged only if it has been previously declared to the service responsible for keeping the registration register.

The declaration shall indicate the main features of the apparatus under construction. It is issued as a receipt.

Article 50. -In the event of loss or damage to an aircraft, the mortgagee is, for the amount of its claim, subrogated, unless otherwise agreed, to the insured in the right to compensation due by the insurer.

Before any payment is made, the insurer must request a statement of mortgage registration.
No payment shall be released if it has been made in contempt of the rights of the creditors on the said condition.

Article 51. -Any mortgage on aircraft shall be recorded on the registration register and/or on the International Register as defined by the Cape Town Convention and the Aircraft Protocol on the guarantee of aeronautical mobile equipment. The mortgage does not have effect in respect of third parties until after it has been registered.

Any cancellation and any modification of a mortgage by agreement of the parties or by judgment shall be subject to the same records.

Art. 52. -If there are two or more mortgages on the same aircraft, their rank is determined by the order of the registration dates.

Mortgages registered on the same day come into competition, notwithstanding the difference in hours of registration.

Article 53. -The registration shall keep the mortgage for ten (10) years from the date of its entry in the registers. Its effect ceases if the registration has not been renewed before the expiration of that period.

Art. 54. -The mortgage guarantees, in the same rank as the capital, three (03) years of interest in addition to the current year.

Article 55. -Mortgage entries are written off in the light of an act finding the agreement of the parties or by virtue of a judgment in force of res judiced.

Article 56. -Creditors who have mortgaged on aircraft shall exercise their right to follow in a few hands to be colloked and paid in accordance with the order of their registration and after the privileged creditors, without prejudice to the provisions of the Articles 57 and 60 of this Code.

Paragraph 2. -Privileges

Article 57. -Only on aircraft, by preference to mortgages, are the following claims:

1 °) the legal costs incurred in arriving at the sale of the aircraft and the distribution of its price in the common interest of the creditors;

2) the remuneration payable for the rescue of the aircraft;

3) the necessary costs incurred for its conservation;

(4) the claims arising from the contract of engagement of the members of the flight crew and the other persons cmpfoyees to the on-board service, but in respect of the contracts for a period of not more than six months;

5 °) the charges due for the use of devices and aids to air navigation and landing.

Art. 58. -The privileges referred to in the foregoing Article shall relate to the aircraft or to the insurance compensation provided for in Article 51 of this Code. The privileges follow the aircraft in a few hands i1 passes.

Such privileges shall be extinguished three months after the event giving rise to them, unless the creditor has previously made his claim entered in the registers, after having made an amicable recognition of the amount of the claim, or, failing that, Legal action on the subject.

In addition, privileges are extinguished, regardless of the normal methods of extinguishing privileges:

1 °) by the sale in court of the aircraft made in the prescribed forms;

2 °) in the case of a voluntary assignment regularly recorded in the registration register, not later than one month after publication of the assignment in a legal notice journal of the seller's domicile, unless, before the expiry of that period, the Creditor has notified the purchaser of its claim to the purchaser in the home elected by the creditor in the publications.

Art. 59. -The claims referred to in Article 57 of this Code shall be privileged in the order in which they are listed.

Claims of the same rank are in competition and the franc is the franc in the event of inadequacy.

However, the claims referred to in Article 57 of this Code shall be paid in the reverse order of that of the events giving rise to them.

Article 60. -Privileges other than those listed in Article 57 above shall not take precedence over those mortgages whose registration is prior to the birth of such privileges.

However, in case of sale in Senegal of an aircraft charged in a State Party to the Convention on the International Recognition of Aircraft Rights signed at Geneva on 19 June 1948, the rights provided for in Article 1 of the Convention And encumbering the aircraft shall be exercised only without prejudice to the rights granted to victims of surface damage under Article 7 of the said Convention.

SECTION II. -SEIZURES OF AIRCRAFT

Article 61. -The judicial police officers, the customs officers, the Civil Aviation Authority shall have the right to seize, as a precautionary measure, any aircraft which does not comply with the conditions laid down in this Code to carry out air traffic Or whose pilot has committed an infringement within the meaning of that code.

The procedures for seizure shall be determined by decree.

Paragraph 1. -Of the provisional seizure

Article 62. -is considered to be a protective seizure, any act by which an aircraft is arrested, in a private interest or for reasons of public safety or as a result of a court decision.

A conservatory seizure in a private interest shall be carried out for the benefit of a creditor either of the owner or of the holder of a right in the aircraft.

The right of the Civil Aviation Authority to hold an aircraft which does not fulfil the conditions for the air traffic or whose pilot has committed an offence under this Code shall be treated as a precautionary seizure.

Article 63. -May not be the subject of a protective seizure:

(1) aircraft assigned exclusively to a State service, in particular military, customs or police services, public postal service and any other exemptions provided for by laws and regulations;

(2) aircraft actually placed in service on a regular public transport line and indispensable reserve aircraft;

3 °) any other aircraft assigned to the carriage of persons or property against remuneration when it is ready to depart for such carriage, except in the event that it is a debt incurred for the journey that it is going to make, of a debt incurred in connection with the The course of the voyage or a claim relating to the sums owed by the owner as a result of the acquisition of that aircraft or of the training or maintenance contracts relating to its operation, in such cases, the bond could prevent the seizure.

However, the provisions of this Article shall not apply to the seizure by the owner dispossessed of his aircraft by an unlawful act or in the event of non-payment of the road fee as provided for in Article 101 of this Code.

Article 64. -Aircraft registered in a non-member State of the African Economic and Monetary Union, subject to the conditions of reciprocity, shall be subject to the same exemption scheme provided for in the preceding Article.

Article 65. -In the event that the seizure is not prohibited, or where, in the event of the uneasiness of the aircraft, the operator does not invoke it, sufficient surety shall prevent the seizure and the court seised under urgent procedure shall order the seizure Immediate release.

The guarantee shall be sufficient if it covers the amount of the debt and the costs and if it is allocated exclusively to the creditor's payment or if it covers the value of the aircraft if it exceeds the amount of the debt and the costs.

Article 66. -If the seizure is irregular or is carried out without just cause, the striking person is liable for the damage which would result for the operator or the owner.

Paragraph 2. -Seizure sale

Article 67. -Seizure is ordered by a court decision which has become enforceable. It results in the forced sale of the aircraft. A conservatory seizure may be converted into a seizure under the conditions set out in the laws and regulations in force in Senegal.

Art. 68. -In the event of the seizure of an aircraft registered in a State Party to the Convention on the International Recognition of Aircraft Rights signed at Geneva on 19 June 1948, no forced sale shall take place if the rights Preference to those of the seizing creditor may not be extinguished by the sale price or if they are not taken care of by the purchaser.

However, if a mortgaged aircraft causes damage to third parties on the surface in Senegal, the provisions of the preceding paragraph shall not be effective against the victims or their successors in title to the aircraft causing damage or other aircraft having The same owner.

Art. 69.
-Any registered creditor may request the auctioning of the aircraft by offering to raise the price to a tenth in addition and must give a guarantee for the payment of the price and the charges.

Article 70. -The requisition for an auction must be signed by the creditor and served on the operator or owner within five (05) days from the date of referral to the judge, increased distance.

It shall contain subpoena before the competent regional court to order that the required auctions be carried out.

Article 71. -The auction shall take place in the due diligence of the creditor who has requested it in the form prescribed by decree.

Article 72. -Money from the sale of the aircraft is distributed in the following order:

1 °) to privileged creditors provided for in Article 57 of this Code;

2 °) to mortgage creditors;

3 °) to the preferred creditors provided for in Article 59 of this Code;

4 °) to unsecured creditors with an enforceable title when intervening by way of attachment or opposition to the distribution process.

TITLE II. -AIR TRAFFIC

CHAPTER 1. -AIR TRAFFIC LAW

Article 73. -Air traffic refers to all aircraft in flight and aircraft operating on the airfield of an aerodrome.

Aircraft of foreign nationality pursuant to Community legislation shall not be able to circulate on the territory of Senegal unless they are granted such rights by an International Convention or if they receive such authorization for that purpose Which must be special and whose duration may not exceed twelve (12) months.

Article 74. -The use of aircraft on airfield and in-flight manoeuvring areas shall be conducted in accordance with air traffic regulations.

The regulation of air traffic, as well as the remit and role of civil air traffic services, are fixed by decree.

Air traffic regulation shall be applied in the airspace under the control of the air traffic service body (s) located in the territory of the Republic of Senegal.

Outside of the above airspace, aircraft bearing the Senegalese nationality marks must comply with the rules laid down by the State or the international body which has authority over the airspace concerned.

Article 75. -The right of an aircraft to fly over private property shall not be exercised under such conditions as to interfere with the exercise of the owner's right.

Art. 76. -The overview of certain areas, or in exceptional circumstances, of the whole of Senegal, may be prohibited by decree for reasons of military and public security.

The location and extent of the no-fly zones should be specifically identified in the Order in Council.

Any aircraft in breach of the provisions of paragraphs 1 and 2 of this Article shall, on the first summons, land under the conditions laid down in the decree.

Art. 77. -An aircraft must not be conducted in a negligent or careless manner that could pose a risk to the safety of persons or property on the surface.

Aerobatics and aerial acrobatics for civil aircraft shall be carried out in accordance with the regulations established by the Minister responsible for civil aviation.

Article 78. -The evolutions of aircraft constituting public performances may take place only with the permission given by the governor of the region after obtaining the opinion of the Civil Aviation Authority.

If the test consists of a journey involving several successive landings in different administrative regions, the authorisation shall be given by the Minister of the Interior after obtaining the opinion of the Minister responsible for civil aviation.

CHAPTER 2. RIGHT OF LANDING

Art. 79. -Except in cases of force majeure and the cases provided for in the following paragraph, aircraft shall only land and depart on regularly established aerodromes.

A decree adopted on the joint report of the Minister responsible for Civil Aviation and the Minister of the Interior sets out the conditions under which aircraft of a certain type can land where to take off anywhere other than an aerodrome, with the agreement of The natural or legal person who has the use of the land or water body used.
However, this agreement is not necessary in the case of rescue or assistance operations for which aircraft are used.

Article 80. -In the event of landing or landing on a private property, the natural or legal person, having the use of the land or the body of water, shall not object to the departure or removal of the aircraft whose provisional seizure is not ordered Unless criminal proceedings have been carried out.

Article 81. -Aircraft that carry out an international route must land only at customs airports.

Aircraft must follow the route imposed on them to cross the border or the boundary of the territorial waters.

However, certain categories of aircraft may, by reason of the nature of their operation, be exempted, by administrative authorisation issued upon request addressed to the Minister responsible for the Civil Aviation after favourable opinion of the Minister of Finance, to land at customs airports.

The authorisation shall, in such cases, determine the aerodrome of arrival and departure and, if necessary, the route to be followed and the signals to be given at the crossing or the boundary of the territorial waters.

CHAPTER 3. -THE AIR TRAFFIC POLICE
AND AIR NAVIGATION SAFETY

SECTION 1. -THE AIR TRAFFIC POLICE

Article 82. -Any person who is a member of the personnel responsible for the conduct of an aircraft shall be the holder of a patent and a valid certificate of fitness, issued under the conditions laid down by decree.

Article 83. -An aircraft may fly only if it has a valid certificate of airworthiness issued after a visit of the aircraft under conditions laid down by decree.

The airworthiness certificate is a document certifying that the aircraft is capable of air navigation.

Orders in Council shall also determine, the markings which shall be entered on the aircraft, the operational rules and the technical conditions of use of the aircraft, the conditions for the issue and the maintenance of the validity of the documents Airworthiness.

Article 84. -Depending on the type of aircraft and the nature of the flight, the following documents must be on board:

1. The registration certificate;

2. The certificate of airworthiness;

3. The certificate of limitation of nuisance;

4. Crew licences or certificates;

5. The logbook;

6. The material record;

7. The flight manual;

8. The Operations Manual;

9. The aircraft station licence;

10. Passenger manifests;

11. The cargo manifest;

12. The certificate of insurance.

Article 85. -The control fees charged by the regulations for the issuance or maintenance of the airworthiness certificate of the aircraft shall be borne by the owners or operators under the conditions laid down by decree.

Article 86. -Unless special permission is granted, it is forbidden to transport aircraft, explosives, weapons, war munitions, pigeons. Objects of correspondence included in the postal monopoly and any other hazardous material. Violation of the provisions of this article shall be punishable by imprisonment for two to five years and a fine of 200 000 francs or both.

The conditions for the transport of hazardous materials, microbial cultures and small infected or dangerous animals shall be fixed by decree.

Art. 87. -The use of aircraft for the recording of images is subject to the prior approval of the Minister of the Interior, the Minister responsible for the Armed Forces and the Minister responsible for Communication.

Article 88. -No radiotelegraphy or radiotelephony device intended to provide communications for the aeronautical mobile service shall be installed or
Used on board an aircraft without authorization. The same applies to radionavigation or electromagnetic detection equipment.

Aircraft assigned to a public transport service and those assigned to private air services designated by order of the Minister responsible for civil aviation shall be equipped with the necessary radio apparatus for the safety of flights in Conditions that are determined by order-in-council.

Article 89. -Any aircraft landing on an aerodrome or on private property shall be subject to the control and supervision of the administrative authorities of the site where the aerodrome or private property is located.

Article 90. -Any foreign civil aircraft within the meaning of Community law which, without title, overflies Senegalese territory or where there are reasonable grounds to conclude that it is used in Senegalese airspace for purposes incompatible with the aims of The International Civil Aviation Convention signed at Chicago on December 07, 1944, is bound to comply with any order to land and any other direction from the military and civilian authorities to terminate these violations.

Any civil aircraft registered in Senegal or used by an operator who has the principal place of business or permanent residence in Senegal shall be held:

1 °) to be employed for purposes consistent with the purposes of the Convention
The International Civil Aviation signed at Chicago on 07 December 1944;

2 °) in all circumstances, in particular in the event of interception, to respect the orders and instructions of the military and civil authorities of the State in which it is located, if they do not endanger the lives of the persons on board and the Security of the aircraft.

Article 91. -Certificates of airworthiness and licences issued or validated by the State of which the aircraft has a nationality shall be recognised as valid for traffic over Senegalese territory if the conditions of their grant are at least Equivalent to the minimum standards established in accordance with the International Civil Aviation Convention signed at Chicago on December 07, 1944.

SECTION II. -THE SAFETY OF AIR NAVIGATION

Art. 92 . The safety of air navigation in the Senegalese airspace and in the airspace entrusted to it is guaranteed by the State.

However, the State may grant the operation and management of air navigation safety services to specialised bodies.

In this case the concessionaire shall be subject to the supervision and supervision of the Civil Aviation Authority in accordance with the provisions of this Code.

Article 93. -In exercising its prerogatives and in carrying out the tasks entrusted to it by this Law, the Civil Aviation Authority shall be required to pay particular attention to the requirements of national defence, aviation Trade and general and respect for public rights,

Article 94. -The Civil Aviation Authority has the power and obligation to operate for the flight safety of aircraft operating in general air traffic by enacting whenever necessary:

1 °) of the principles and regulations aimed at at least the implementation of all the standards contained in the annexes to the Convention on International Civil Aviation signed at Chicago on 07 December 1944;

2) all other principles, regulations and minimum standards governing other practices, methods and procedures, which it may deem necessary, in particular, those provided for in accordance with the conventions and agreements ratified by Senegal.

Article 95. -In the requirement of the standards, principles and regulations and in the issuing of certificates pursuant to this Code, the Civil Aviation Authority shall take into account the obligation of air carriers to carry out their services with the Security guarantees in accordance with the general interest and in accordance with the regulations in force.

Article 96. -The State has an obligation to ensure the management of the aeronautical radio frequency spectrum and to set up communications, navigation and surveillance services which contribute to the safety of air navigation in accordance with the National and international radio communications.

Regulation, exploitation, composition,

The object of aeronautical telecommunications and the control of the stations shall be determined by decree.

Art. 97. -Weather assistance to air navigation, the provision of aeronautical information and cartography in Senegal and in spaces
Of the aircraft entrusted to it, are provided by the State.

However, the State may grant such activities to specialised bodies, in which case the dealers shall be subject to the supervision and supervision of the Civil Aviation Authority in accordance with the provisions of this Code.

Article 98. -The units of measurement to be used in the operation in flight and on the ground in Senegal and in the spaces entrusted to it are defined by decree.

Article 99. -The bodies responsible for the operation and management of air navigation services in Senegal are required to subscribe to an insurance policy " Air navigation ".

Every operator of an aircraft shall be required to take out an insurance policy covering his or her civil liability in the event of an accident or damage to passengers, aircrew, baggage, cargo, mail and third parties on the surface In accordance with the provisions of international conventions.

Art. 100. -The Civil Aviation Authority has the power to issue and revise minimum safety standards for the operation of aeronautical navigation and aeronautical meteorology facilities in Senegal.

CHAPTER 4. -ROAD DEBT

Article 101. -The use of the facilities and services implemented over Senegalese territory and in its vicinity, for the safety of the air traffic on its way and the speed of its manoeuvres, including the services of radiocommunication and Meteorology, gives rise to remuneration in the form of a fee for services rendered, known as the road fee.

The fee is payable for each flight by the operator of the aircraft or, if unknown, by the aircraft owner.

The rate and terms and conditions for the recovery of the road fee shall be fixed by decree on the joint report of the Minister responsible for Civil Aviation and the Minister for Finance.

The Order may also provide for means of calculation based on averages, possibly weighted for certain categories of flight or for aircraft of the same type operated by the same undertaking. Exemptions or reductions may be granted by the authority or body responsible for the liquidation and recovery of the road fee.

Article 102. -In the event of non-payment of the road fee by the operator of the aircraft or its owner, the authority or body responsible for its liquidation and recovery shall be admitted as soon as an aircraft operated by the operator or the owner Failing to land on the territory of Senegal, to request the authority responsible for air traffic and the gendarmerie brigade territorially competent that the aircraft be held there until the amount of the disputed amounts is consigned.

TITLE III. -LIABILITY RESULTING FROM THE OPERATION OF AIRCRAFT

CHAPTER 1. -CIVIL LIABILITY

Article 103. -Pilots are required, during air traffic, to comply with air traffic police regulations and air rules and to take all necessary precautions to avoid damage.

Article 104. -In the event of damage caused by an evolving aircraft to another evolving aircraft, the liability of the pilot and the operator of the aircraft shall be settled in accordance with the Code of Civil and Commercial Obligations or the International Texts Ratified by Senegal.

Article 105. -The operator of an aircraft shall be responsible for the full right of damage caused to third parties on the surface, by the evolutions of the aircraft or by the
People or objects falling out of it.

This responsibility can only be mitigated by proof of the victim's fault.

Article 106. -Unless special permission is granted, no person shall dispose of any aircraft in evolution, except in the case of force majeure, of any goods or articles other than the prescribed ballast.

In the case of a jet as a result of force majeure, regulatory ballast or specially authorized jet that has caused damage to the persons and goods on the surface, the liability shall be settled in accordance with the provisions of Article 105 of the Code.

Article 107. -In the event of the rental of the aircraft, the owner and the operator shall be jointly and severally liable for the damage caused to third parties.

However, if the rental is recorded in the registry, the owner is liable only if the third party establishes a fault on its part.

Article 108. -The action in question shall be brought to the choice of the plaintiff before the court of the place where the damage is caused or before the court of the defendant's domicile.

In the case of damage caused to a device in circulation, the competent court shall be that of the place where the victim was forced to land after the damage.

Article 109. -The State shall establish a search and rescue service in order to provide assistance to aircraft in distress on national territory.

In the portions of airspace located on the high seas or in the terrestrial spaces entrusted to the State of Senegal, the search and rescue service shall be provided in accordance with the provisions of the regional agreements or in cooperation with the States Concerned.

The State may allow the owners of the aircraft or the authorities of the State the registration of the aircraft to take the assistance measures required by the circumstances.

In addition, the provisions of the Merchant Marine Code on Marine Assistance and Rescue are applicable to aircraft at risk at sea and to aircraft pilots who can provide assistance to persons at risk.

CHAPTER 2. -OF PENALITE LIABILITY

SECTION 1. -DELITS AND PENALTIES

Paragraph 1. -Action relating to the conduct and safety of the aircraft

Art. 110. -Without prejudice to other sanctions, including disciplinary measures, the penalties provided for in Article 307 of the Criminal Code shall be punished, as any commander shall be in breach of the provisions of the second paragraph of Article 90 of this Code.

Art. 111. -A penalty of five years' imprisonment and a fine of 2.500,000 francs or one of those penalties only without prejudice, if any, to the application of the provisions of Articles 406, 407,408 or 409 of the Penal Code, any person who:

(1) unlawfully and by violence or threat of violence, has taken possession of an aircraft or has exercised its control or attempted to commit any such act;

2 °) has performed or attempted to carry out an act of violence against a person on board an aircraft in flight, if that act is such as to endanger the safety of the aircraft;

3 °) has destroyed or attempted to destroy an aircraft or has caused or attempted to cause damage to such aircraft that render it unfit for flight or which may jeopardize its flight safety;

4 °) has placed or has placed or attempted to place or cause to be placed on an aircraft, by any means, a device or substances capable of destroying the said aircraft or causing damage to the aircraft that render it unfit for flight or that are Nature to compromise flight safety;

5 °) has destroyed or damaged or attempted to destroy or damage or disrupt the operation of air navigation facilities or services if one of these acts is such as to endanger the safety of aircraft in flight;

6 °) has communicated or tcnted to disclose information that it knows to be false and, as such, compromised the safety of an aircraft in flight.

If it is the result of injury or illness, the penalty is imprisonment for ten to twenty years.

In the event of the death of one or more persons, the penalty shall be that of life imprisonment, without prejudice, if any, in the application of the provisions of the Criminal Code against wilful abuse of life.

The co-authors and accomplices of the facts provided for in this article shall be punished with the same penalties as the principal authors.

Article 112. -penalties provided for in section 406 of the Criminal Code, the person who destroyed or attempted to destroy, divert or attempt to hijack an aircraft or spare parts with a regularly recorded mortgage.

It shall be punishable by the same penalties provided for in Article 110 of this Code any person who uses corrupt practices intended to deprive the creditor of his guarantee.

Article 113. -Is punished by imprisonment from three months to six months and a fine of 300,000 to 6,000,000 francs or one of these sentences only, anyone who has:

1 °) put or left on service an aircraft that has not obtained a certificate of registration, a certificate of airworthiness or an exceptional pass;

2 °) put or left in service an aircraft without the identification marks provided for in Article 34 of this Code;

3 °) makes or leaves an aircraft for which the certificate of airworthiness or the exceptional pass has ceased to be valid;

4 °) makes or leaves an aircraft under conditions other than those determined by the certificate of airworthiness and associated documents or the exceptional pass;

5 °) shall cause or leave an aircraft in conditions contrary to the requirements of Articles 82 and 103 of this Code;

6) contravened the provisions of this Code.

Art. 114. -Is punished by imprisonment from three months to six months and a fine of 300,000 to 6,000,000 francs or one of those penalties only, anyone who has:

1 °) shall conduct or participate in the conduct of an aircraft without the securities required by the regulations in force and in a state of validity;

2 °) destroys or subtracts a shipbook or any shipboard document imposed by air regulation or carried on that book or one of the documents, incorrect particulars;

(3) in breach of the provisions of Article 78 of this Code;

4 °) drives an aircraft or takes part in driving under the influence of alcohol, narcotics or narcotics.

Article 115. -The penalties provided for in Article 111 of this Code shall be doubled if the infringements provided for in paragraphs 1 °, 3 °, 4 °, of Article 113 have been committed after the refusal or withdrawal of the registration certificate, of the certificate of Of the outstanding airworthiness or laissez-passer, of the titles required of crew members, by the regulations in force.

Art. 116. -A term of imprisonment of one month to two months and a fine of 60,000 to 1,000,000 francs or one of these penalties only:

(1) any person who is on board an aircraft in flight without being able to justify his presence by means of a regular transport title or by the concurrence of the operator or commander;

(2) any person who fails to comply or refuses to comply with the instructions of the aircraft commander for the safety of the aircraft or the safety of the persons carried;

3 °) any person who makes use on board objects or apparatus whose transport is prohibited;

4 °) anyone, without special permission, makes use of image recording devices over prohibited areas.

S. 117. -A pilot who fails to comply with the requirements of Article 75 of this Code shall be liable to imprisonment for three months to six months and to a fine of 300,000 to 6.000.000 francs.

Article 118. -Any person who affix or causes to be affixed to an aircraft registration marks which are not in conformity with those of the registration certificate or which removes or causes to be deleted, renders or causes to be made illegible the marks exactly affixed, shall be punished by a Imprisonment for one year to three years and a fine of 600,000 to 12,000,000 francs. The same penalties shall be imposed on those who affix or cause to be affixed to a private aircraft the distinguishing marks reserved for public aircraft or which use or cause to be used a private aircraft bearing those marks.

Article 119. -Any person who has been convicted of one of the offences set out in the previous articles commits another offence falling under this Code or the same offence within five years of the expiry of the sentence of imprisonment or The payment of the fine or the limitation of these two penalties shall be condemned to the maximum of the penalties provided for.

Article 120. -A term of imprisonment of one month to two months and a fine of between 60,000 and 300,000 francs, depending on the circumstances:

(1) the pilot-in-command who has not held or causes to be held one of the documents provided for in Article 83 of this Code, as well as the members of the crew specially responsible for the holding;

2 °) the owner or tenant registered in the register of registration who failed to keep one of the documents on board for three years from the last entry;

3) those who have contravened section 76 of this Code;

4) those who have contravened the regulations relating to the technical conditions of employment of aircraft, taken pursuant to Article 82 of this Code.

In the case of a repeat offence within five years of the conviction, the penalty shall be doubled.

Article 121. -Are punished by a fine of between 150,000 and 1,000,000 francs those who have contravened Article 77 of this Code.

Art. 122. -The prohibition of conduct or participation in the conduct of an aircraft may be imposed by judgment or judgment for a period of three months to three years, against the crew member convicted under Articles 114, 116 and 117 of the present Code.

If the crew member is convicted a second time for one of the same offences within the time limit laid down in Article 119 of this Code, the prohibition on driving or participating in the conduct of an aircraft shall be imposed and shall be extended to the Maximum and can be high up to twice. The patents, licences and certificates of which the offenders are held shall remain, for the duration of the prohibition, to be lodged at the Registry of the court which has issued the prohibition.

The convicts must make the deposits of such patents, licences and certificates either at that Registry or at that of their domicile, within five days after the date on which the conviction became final, failing which they are punished A term of imprisonment of one to two months and a fine of 30,000 to 6,000,000 francs without prejudice to the penalties laid down in Article 113 in the event that they drive or participate in the conduct of an aircraft during the period of the prohibition, and without prejudice to Confusion of penalties.

Article 123. -In accordance with Article 105 of this Code, any unauthorized jet of objects on board an evolving aircraft shall be punished with a sentence of three to six months imprisonment and a fine of 300,000 to 1,800,000 francs or one of those two penalties Only, even if these jets have caused no damage, and without prejudice to the higher penalties that may be incurred in the case of other offences.

Article 124. -An aircraft commander who, knowing that the aircraft has just caused or caused an accident on the surface, has not promptly notified the authorities of the nearest airport with which he or she can enter into communication. To escape the criminal and civil liability which he may have incurred, shall be punished with the penalties applicable to the offence of abscond.

Paragraph 2. -Offences relating to customs legislation

Art. 125. -The provisions of the Penal Code on the mitigation and aggravation of penalties shall apply to all offences provided for in this Code, with the exception of offences provided for in customs laws.

Article 126. -All provisions of law relating to the enforcement of infringements of customs legislation shall apply to goods imported or exported by aircraft under any customs procedure.

All unloads and discharges of unauthorized goods, other than those essential to the salvation of the aircraft, shall be punished by the penalties provided for in the customs legislation on smuggling.

In the event of an infringement, the aircraft may be subject, in the light of the payment of the fine incurred, to the provisional seizure, the release of which is ordered, if it is provided with a bond or paid a consignment up to the competition of the fine.

Article 127. -For goods exported in the discharge of temporary entry or warehouse accounts and subject to domestic charges, the consignors justify their passage abroad by the production, within the prescribed time limits, of a valid certificate of the Customs of destination barely paying the quadruple of the value of the goods.

Paragraph 3. -Acts of indiscipline and offences committed by passengers

Article 128. -The penalties provided for in Article 111 of this Code shall be punishable by any person who performs any of the following acts on board a civilian aircraft:

1 °) assault, intimidation or threat, physical or verbal, against a crew member, if such an act prevents him from carrying out his duties or makes it difficult to carry out his duties;

(2) refusal to comply with a lawful instruction given by the aircraft commander, or by a crew member on behalf of the aircraft commander, for the purpose of ensuring the safety of the aircraft, any person or property on board, or Maintain order and discipline on board;

(3) act of physical violence against a person or act of sexual assault or assault of a child;

4) smoking in the toilet or smoking elsewhere in a manner that could compromise the safety of the aircraft;

5 °) deterioration of a smoke alarm or other safety device installed on board the aircraft;

6 °) use of a portable electronic device where prohibited.

Article 129. -shall be punished in accordance with the provisions of Article 110 of this Code any person who performs any of the following acts on board a civilian aircraft, if such an act could endanger the safety of the aircraft or of any person On board or in order and discipline on board the aircraft:

1) assault, intimidation or threat, physical or verbal, against another person;

2 °) damage or destruction of property;

3 °) consumption of alcoholic beverages or substances leading to intoxication.

SECTION II. -OF THE METHOD

Article 130. -Unless otherwise provided by the African Economic and Monetary Union concerning in particular the fundamental principles governing the investigation of civil aviation accidents and incidents, the provisions below shall apply to the Procedure for the suppression of civil aviation offences. They are supplemented by the provisions of the Code of Criminal Procedure.

Paragraph 1. -From prosecution

Article 131. -Independently of the judicial police officers, are responsible for the finding of infringements of the provisions of this book, the inspectors of
The Civil Aviation, the military or naval officers and the officers of the civil or military authority commissioned for this purpose, the police officers, the gendarmes and the customs officers.

Art. 132. -The prosecutor of the Republic, the investigating judge, the judicial police officers, the inspectors of the Civil Aviation, the military or seamen and the officers of the civil or military authority commissioned for this purpose, police officers, gendarmes and customs officers may seize the explosives, the weapons and ammunition of war, the pigeons Travellers and postal connections, as well as radio telegraphic and radio apparatus on board without the special authorization provided for in Articles 87 and 88 of this Code.

The same authorities may seize pigeons that are on board authorized aircraft to carry them, as well as aircraft for recording images and photographs in the event that these aircraft fly above the zones Prohibited.

The confiscation of the objects and appliances regularly seized shall be ordered by the court.

S. 133. -The aircraft whose certificate of airworthiness and the registration certificate may not be produced, or whose registration marks do not match those of the registration certificate, may be retained, at the expense of the owner Or, in the case of the rental of the aircraft recorded in the registry, to the office of the tenant, by the authorities responsible for the execution of this code, until the identity of the owner is established.

Article 134. -The minutes of recording of the infringements of this Code shall be transmitted without delay to the Public Prosecutor.

CHAPTER 3. -JUDGMENT

Article 135. -Legal relations between persons on board an aircraft in circulation are governed by the law of the flag of that aircraft.

However, the Senegalese courts are competent to know:

1 °) of the crimes and offences committed on board a foreign aircraft, the perpetrator or victim of which is of Senegalese nationality;

2) of the offences or attempted offences defined in article 1 of the Convention on the Suppression of Unlawful Acts against the International Civil Aviation, signed in Beijing on 10 September 2010, if such offences are committed On Senegalese territory or against a Senegalese aircraft;

3) of the offences or attempted offences defined by the provisions of the Convention for the Suppression of Unlawful Acts against the International Civil Aviation adopted in Beijing on 10 September 2010 and the offences or attempts Offences defined by the provisions of the Additional Protocol to the Convention for the Suppression of Unlawful Seizage of Aircraft adopted in Beijing on 10 September 2010 if the aircraft on board of which the infringements or attempted infringements are Committed to Senegal with the alleged perpetrator, if such offences or attempts An offence is committed against or on board an aircraft leased without crew to a person who has the principal place of business or, failing that, his or her permanent residence in Senegal;

4) offences or attempted offences defined by the provisions of the Convention for the Suppression of Unlawful Acts against the International Civil Aviation and the Additional Protocol to the Convention for the Suppression of Unlawful seizure of aircraft, adopted in Beijing on 10 September 2010, in the event that the alleged perpetrator of one of these offences or attempted offences is on Senegalese territory and/or Senegal does not extradite him in accordance with the rules Applicable international law. The competent courts shall be that of the place of the offence, that of the residence of the alleged offender, that of the place of arrest, that of the place of landing of the aircraft, or, failing that, that of Dakar.

In the event of an accident on board a Senegalese aircraft, the aircraft commander may take whatever measures he considers necessary for the good order.

For the purposes of this section, an aircraft is considered to be in circulation from the time the boarding is completed, all exterior doors have been closed until one of its doors is opened in Sight of the landing.

Art. 136. -The Senegalese courts shall have jurisdiction over any infringement referred to in Articles 128 and 129 of this Code if the offence has been committed:

1 °) on board any civil aircraft registered in Senegal;

2 °) on board any civil aircraft rented with or without crew to an operator who has his principal place of business in Senegal or who, if he does not have a principal place of business, has his permanent residence in Senegal;

3 °) on board any civil aircraft located on or over the territory of Senegal;

4 °) on board any other civil aircraft in flight outside of Senegal if the next landing place of the aircraft is located in Senegal and the aircraft commander has handed over the alleged offender to the Senegalese authorities Has asked these authorities to initiate proceedings against the alleged infringer and has stated that no such request has been or will not be made by himself or by the operator to any other State.

Under this section, the aircraft is considered to be " In flight " From the moment when the motive force is used to take off until the end of the landing bearing.

BOOK III. AERODROMES

TITLE 1. -THE AERODROME SYSTEM

CHAPTER 1. -CREATION, CERTIFICATION AND COMMISSIONING

Art 137. -shall be regarded as aerodrome, any surface on land or water, including possibly buildings, installations and equipment, intended for use, in whole or in part, for the arrival, departure and evolution of aircraft to the Surface.

Art. 138. - 'open to public air traffic ' means the aerodrome, of which aircraft having the appropriate technical characteristics, are entitled to use it, without prejudice to the provisions of the
Article 140 of this Code.

Article 139 . A decree establishes the conditions for the creation, establishment and use of aerodromes open or non-open to public air traffic.

Art. 140 . - The opening and closing of an aerodrome to public air traffic is pronounced after technical investigation, by decree on the report of the Minister responsible for civil aviation.

Art. 141
. - The use of an aerodrome open to public air traffic may, at any time, be subject to certain restrictions or temporarily prohibited if the conditions of air traffic on the aerodrome or in airspace Or if there are public policy reasons to do so.

Such decisions shall be the subject of notification to air navigators.

In addition, when several aerodromes open to public air traffic serve the same region, the Minister responsible for civil aviation may regulate their use in the general interest and, in particular, make special reservations for each Of them to certain types of aircraft or to certain types of air activities or commercial operations.

Article 142. -The Civil Aviation Authority certifies the airfields of Senegal used for international flights and homologs the airstrips.

The conditions for the certification of aerodromes and the approval of runways are fixed by decree.

The Civil Aviation Authority has the authority to suspend, withdraw or cancel the aerodrome certificate of any aerodrome operator in accordance with the regulations.

The Civil Aviation Authority may grant certain exemptions for the operation of aerodromes.

The Civil Aviation Authority may impose restrictions on the operation of the airfields of Senegal.

All aerodromes are subject to the technical and administrative control of the Civil Aviation Authority.

Article 143. -Aerodromes intended for public air traffic may be created by the State, by local authorities and public institutions, as well as by certain natural or legal persons governed by private law complying with the conditions laid down By decree.

The creation of an aerodrome for public air traffic by an individual shall result in the signing of an agreement with the Minister responsible for
Civil Aviation.

Art. 144. -For reasons of national defence, a decree may require that the State is temporarily or permanently substituted for the operator of an aerodrome.

Article 145. -Without prejudice to specific rules laid down by decree, the provisions of this Chapter shall apply to specific aerodromes, heliports and hydrobases.

CHAPTER 2. -CLASSIFICATION

Article 146. -Aerodromes intended for public air traffic shall be classified according to the reference aircraft.

This classification may be extended to aerodromes not intended for public air traffic where the conditions for the use of such aerodromes justify it.

Article 147. -Aerodrome classification criteria are determined by Order in Council.

CHAPTER 3. -OPERATING AND MANAGEMENT CONDITIONS FOR AERODROMES

SECTION 1. -GENERAL PROVISIONS

Article 148. -The State may entrust the operation and management of aerodromes within its portfolio to specialised bodies.

The operating and management arrangements referred to in the preceding paragraph shall be fixed by decree.

Article 149. -Aerodrome managers are required to subscribe to an insurance policy ' Civil liability and insurance All risks ".

SECTION II. -ROYALTIES

Art. 150. -At any aerodrome open to public air traffic, services provided to users and the public shall be remunpaid, in the form of fees charged to the person providing the service, in particular on the occasion of the The following operations:

1) landing and take-off of aircraft;

2 °) use of air navigation aids;

3 °) use of aeronautical telecommunications networks;

4 °) parking and aircraft shelter;

5 °) use of the facilities for the reception of passengers and goods;

6 °) use of various facilities and tools;

(7) occupancy of land and buildings;

8 °) visit all or part of the reserved areas of the aerodrome.

Article 151. -To ensure the development of airport infrastructure, it is levied on any public air transport undertaking a charge of
Airport infrastructure development (RDIA).

It is based on the number of passengers boarded by the company at the aerodrome regardless of the tariff conditions granted by the carrier.

It is included in the price of the passenger's ticket.

The rate, the arrangements for the collection, collection, use and management of the airport infrastructure development charge shall be fixed by decree on the joint report of the Minister for Finance and the Minister responsible for Civil Aviation.

Article 152. -Decrees made on the joint report of the Minister responsible for Civil Aviation and the Minister responsible for Finance set the rates of the charges laid down in Articles 150 ct 151 prior to the authority or body responsible for their liquidation and Their collection and the manner in which they are collected.

The same decrees may also provide for exemptions and reductions, occasional or permanent, and, whenever necessary, in accordance with the principle of equality and reciprocity.

Art. 153. -The fees provided for in Articles 150 and 151 shall be due solely to the use of the works. Facilities, buildings and tools that they pay, and must be appropriate to the services provided.

In the event of non-payment of the charges payable by the operator of the aircraft, the operator of the aerodrome shall be entitled to request the authority responsible for air traffic on the aerodrome and the force of the force territorially competent The aircraft is retained until the disputed amounts are consigned.

TITLE II. -AERONAUTICAL EASEMENTS AND THE PROTECTION OF EXPLOITATION AND THE ENVIRONMENT

CHAPTER 1. -AIRCRAFT SERVITUDES

Article 154. -In order to ensure the safety of the movement of aircraft, special servitudes referred to as "aeronautical servitudes" are hereby established.

These easements include:

1 °) of aeronautical clearance easements containing the prohibition on the creation or the obligation to remove obstacles which may constitute a danger to air traffic or harmful to the operation of safety devices Established in the interest of aircrew;

2 °) aeronautical servitudes for protection against electromagnetic interference with the prohibition of producing or propagating disturbances in the range of radio waves received by the centres of Aeronautical telecommunications and the prohibition on the placing of electrical equipment in such centres capable of disrupting radio receptions;

3 °) aeronautical servitudes of buoyage with the obligation to provide certain obstacles as well as certain locations of visual or radio devices intended to signal their presence to or to enable air navigators Identification or support for the installation of these devices.

Article 155. -The provisions of this Chapter shall apply:

1 °) to aerodromes intended for public air traffic created by the State;

2 °) under conditions laid down by decree, at aerodromes not intended for public air traffic and created by natural or legal persons other than the State and at aerodromes in foreign territory for which areas of Clearance must be established on Senegalese territory;

3 °) to aid installations for air navigation, aeronautical telecommunications and meteorological installations of interest to the safety of air navigation, without prejudice to the application of the provisions relating to Easements established for the benefit of radio transmissions;

4 °) at certain locations corresponding to points, of preferential passage for air navigation.

Article 156. -The easements provided for in Article 154 of this Code shall ensure the safety of air navigation at least equivalent to those resulting from technical regulation.

In order to ensure the safety conditions provided for in the preceding paragraph, it shall be established for each aerodrome and installation referred to in Article 155 of this Code a clearance plan in accordance with arrangements laid down by decree.

Art. 157. -The Minister responsible for the Civil Aviation or, for the aerodromes or itineraries which concern him, the Minister responsible for the Armed Forces, may prescribe the marking of day or night of all obstacles which he considers dangerous for air navigation.

Similarly, it may prescribe the establishment of devices, visual or radio, aids to air navigation.

It may also require the removal or modification of any visual device, other than a marine marking device, to create confusion with visual aids to air navigation.

Article 158. -The costs resulting from the implementation of the service easements for the release, installation, operation and maintenance of services
Aeronautical marking shall be the responsibility of the State, natural or legal persons, or bodies specified by decree adopted on the joint report of the
Minister responsible for Civil Aviation, the Minister responsible for the Armed Forces and the Minister responsible for Finance.

Art. 159. -For the purposes of the performance of the buoys referred to in Article 157 of this Code, the administration shall have the rights to support the passage, felling of trees, etching, as well as the right to install the devices on the exterior walls and roofs.

The rights referred to in the above paragraph may be exercised by natural or legal persons, or bodies which may be responsible for the marking.

Article 160. -Outside the areas covered by the provisions of this Title, the establishment of certain installations which, by reason of their height, may constitute obstacles to air navigation, shall be Subject to a special authorisation by the Minister responsible for civil aviation, or, as far as it is concerned, the Minister responsible for the Armed Forces after the advice of the Minister responsible for the Civil Aviation. Orders of the Minister responsible for the Civil Aviation and, as the case may be, the Minister responsible for the Armed Forces determine which facilities are subject to authorisation.

Where the facilities in question constitute obstacles to air navigation, their removal or modification may be ordered by decree on the report of the Minister responsible for Civil Aviation or the Minister responsible for the Armed Forces.

Article 161. -Where, for the purposes of air traffic, the competent authority decides on the extension or creation of aerodromes or installations to ensure the safety of air navigation, the necessary grounds, if they have not been reserved for that purpose Termination, in particular by approved town planning plans, may be declared reserved by decree after public inquiry into the forms provided for in the provisions applicable to expropriation.

Article 162. -The occupation of the airport domain is subject to prior authorisation by the Civil Aviation Authority. Without authorisation, the occupation and transit on operational areas shall be subject to penalties provided for in Article 164 of this Code.

S. 163. -The movement of persons or vehicles in certain areas of the airport domain is authorized by decree. Violation of the said provisions may result in sanctions provided for in Article 164 of this Code.

Article 164. -Any person found in the reserved area of an airport without valid access authorisation issued by the competent authorities shall be liable to imprisonment from one month to two years and a fine of 50,000 to 500,000 francs or one of the two Penalties only.

CHAPTER 2. -PROTECTION OF EXPLOITATION AND THE ENVIRONMENT

SECTION 1. -GENERAL PROVISIONS

Article 165. -Where the security of the flights requires it, judicial police officers, assisted by judicial police officers, may, for domestic air transport, visit persons, luggage, cargo and mail.

For international air transport, judicial police officers, assisted by judicial police officers, may, under the same conditions, carry out, in conjunction with the customs services, the inspection of the baggage as well as the Persons preparing to take their place on board an aircraft.

Article 166. -The removal of an aircraft that congests, for any reason, a runway, a strip, a traffic lane, an area or their decommitments shall be carried out by the owner or operator of the aircraft in the order he receives from the aircraft. Airport authorities.

Article 167. -In cases where the owner or operator of the aircraft does not act diligently to carry out the removal operations, the Airport Authority may take ex officio all the relevant provisions for clearing the tracks, strips, tracks of Traffic or areas and their damage to the Irans and the risks of the owner or the cxplowing of the aircraft.

The same provisions may be made by the Airport Authority in the event that the custodian of a vehicle, an object or animals constituting an obstacle does not act diligently to carry out the removal operations; in this case, the removal a The cost and risk of the said custodian.

Article 168. -Civil aviation operators are required to comply with current environmental protection standards.

To this end, they shall be subject to the general obligation to maintain aerodromes, including the disposal or recycling of waste and the control of pollution.

Article 169. -The participation of local authorities and riparian populations in aerodromes in environmental management is organised and encouraged.
In particular:

1 °) free access to information on the protection of nature, without prejudice to the requirements of national defence and the security of the State;

2) consultative mechanisms for the collection of opinion and input from local communities and populations;

3) awareness, training. Research and education in environmental protection.

SECTION II. -PENALES PROVISIONS

Article 170. -Every person who stays, enters or carries a weapon without legal authorization in the lands prohibited by the regulations and general instructions of the aerodromes assigned to a public service, or leaves them with bestials or beasts of line, load or mount, Is liable to imprisonment for six months to two years and a fine of 20 000 to 200 000 francs and may also be deprived of any right to compensation in the event of an accident.

The procedures for the investigation and recognition of offences are those laid down in this Code.

Article 171. -Infringements of the provisions concerning the aeronautical decommitment and marking provisions instituted in the interest of air traffic are punishable by a fine of 250,000 to 7,500,000 francs.

In the event of a repeat offence, the offences are punished by a fine of 500,000 to 15.000.000 francs.

Art. . At the request of the public prosecutor acting at the request of the Minister concerned, the court seised of the prosecution of the persons who contravene those provisions, under penalty of a penalty payment of between 5,000 and 50,000 francs per day of delay, Time limit to remove or modify works struck from easements or to provide for their marking.

In the event that the time limit is not observed, the periodic penalty payment shall run from the expiration of that period until the day on which the situation is effectively regularised.

If the regularisation has not occurred within the year of the expiry of the period, the court may, on the requisition of the public prosecutor acting under the same conditions, raise the amount of the penalty payment on one or more occasions, even beyond the Maximum specified above.

The court may authorise the payment of part of the periodic penalty payments where the situation has been regularised and the person liable determines that he has been prevented from observing by a circumstance beyond his control the time limit which he had been granted. In addition, if at the expiration of the time limit set by the judgment, the situation has not been regularised, the administration may carry out the ex officio work at the expense and risk of responsible persons.

The periodic penalty payments are collected by the direct accountants of the public treasury.

Art. 173. -Infringements of the provisions on the protection of exploitation may be found by means of minutes drawn up by the officers authorised for that purpose and sworn in.

Art. 174. -The minutes referred to in the preceding Article shall be transmitted without delay to the Public Prosecutor of the Republic to initiate proceedings.

Article 175. -Breach of the provisions of Article 170 of this Code shall be punishable in accordance with the provisions of the Environment Code.

BOOK IV. CIVIL AVIATION PERSONNEL

TITLE l. -GENERAL PROVISIONS

CHAPTER 1. -TITLES AND MEDICINE IN THE AIR

SECTION 1. -PATENTS, LICENCES AND QUALIFICATIONS

Article 176. -The titles referred to as " Patent " Penalize a body of general theoretical and practical knowledge. They shall be issued after examination and shall be definitively vested in their holders.

The titles referred to as " " Sanction the ability and right, for patent holders, to perform the corresponding duties subject to the qualifications provided for in the following Article. Licenses are only valid for a limited period of time, they are renewable by periodic checks of the various skills required.

The list of patents and licences, the requirements for obtaining them, the scheme, the programmes and regulations relating thereto, and the conditions for exemption are laid down by decree.

Subject to the exemption for obtaining patents, certain theoretical tests, candidates possessing certain Senegalese or foreign titles which sanction knowledge at least equal to those required for these Tests.

Practical tests will be mandatory.

Art. 177. -Any person in the personnel responsible for the conduct of an aircraft shall be provided with a valid patent, licence and qualification.

The exercise of the functions corresponding to the various licences shall be subject to the validity of the licences themselves and to the possession, by the holder, of special professional qualifications, having regard to the aircraft, equipment or Conditions of flights considered.

The definition of special professional qualifications, their conditions for obtaining and renewing them, the programmes and the regulations of the corresponding examinations are fixed by decree.

Article 178. -Every holder of a licence shall be the holder of a flight book whose model shall be fixed by decree and on which the nature and duration of the flights, the stages and the possible annotations or observations of the Aviation Authority shall be recorded Staff or instructors and reviewers.

The carnet must be communicated to the supervisory authorities and to the competent authority on their application, in particular at the time of issue, renewal or validation of the licence or at the time of the issue of qualifications.

Article 179. -The issue of aeronautical titles and qualifications, as well as the provision of the various printed matter and services by the Civil Aviation Authority, shall give rise to the payment of royalties, including the arrangements for establishment and recovery, and The amount is fixed by decree on the joint report of the Minister for Finance and the Minister responsible for Civil Aviation.

SECTION II. -CIVIL AVIATION MEDICINE

Article 180. -Professional or private civil aviation personnel whose employment is subject to the holding of a licence must justify their fitness by the medical certificate of physical and mental fitness issued by a doctor of a medical centre Approved by the Civil Aviation Authority.

Article 181. -The validity of a licence may not exceed that of the corresponding physical and mental fitness certificate.

Article 182. -The conditions for the approval of medical examiners and medical centres of expertise of professional staff whose employment is subject to the holding of a licence shall be fixed by decree.

CHAPTER 2. -DISCIPLINE OF CIVIL AVIATION PERSONNEL

SECTION 1. -THE DISCIPLINARY BOARD

Art. 183. -A Disciplinary Board of Civil Aviation Personnel shall be responsible for proposing to the Director General of the Civil Aviation Authority the application of the sanctions provided for in Article 185 of this Code with respect to staff members of the Civil Aviation Authority. Civil aeronautics found guilty of infringements of this Code, subsequent texts and implementing regulations made in this respect.

Article 184. -The Disciplinary Board of Civil Aviation Personnel is divided into three sections.

1 °) the section of professional crew members;

2) the non-professional crew section;

3 °) the section of other aeronautical personnel.

The Chairman of the Disciplinary Board shall be appointed by the Director General of the Civil Aviation Authority, who shall determine the composition, operating rules and competence of the Disciplinary Board.

Article 185. -Disciplinary sanctions under the competence of the Disciplinary Board shall be:

1) the warning;

2) the blame;

(3) the temporary withdrawal with or without a stay of one or more certificates or licences;

(4) the definitive withdrawal of one or more certificates or licences;

5 °) the cancellation of the register provided for in Article 194 of this Code.

The delivery of any of the above sanctions shall be accompanied by the payment of an aeronautical penalty, the rate of which shall be determined by the decision of the Director General of the Civil Aviation Authority to be proportionate to the seriousness of the facts.

SECTION II. -PROCEDURE FOR REFERRAL TO THE DISCIPLINARY BOARD

Article 186. -In the event of a serious presumption concerning the liability of the commander or a member of the crew and pending the conclusions of the Disciplinary Board, the Civil Aviation Authority may suspend the person concerned from his or her duties for a Duration which, in no case, will exceed two months. The person concerned, if he is a member of the professional cabin crew, shall be entitled to his guaranteed minimum wage for the duration of the suspension.

Article 187. -The person concerned may challenge one or more members of the Disciplinary Board for the same causes as those laid down for the recusal of the judges by the Code of Criminal Procedure.

Art. L88. -The commander shall be required to prepare a detailed report within 48 hours of any accident or incident which may have
Serious consequences arising either on the ground or in flight, or any violation of air traffic regulations.

Article 189. -When the Board of Inquiry provided for in section 274 of this Code concludes a professional misconduct, a duplicate of the file shall be sent directly to the Disciplinary Board of Civil Aviation Personnel.


TITLE II. -PROFESSIONAL AIRCREW

CHAPTER 1. -GENERAL PROVISIONS

Art. 190 . - The professional seafarer of civil aviation shall be awarded to persons who are habitual and principal, either on their own account or on behalf of others, for profit or against remuneration:

1) the command and conduct of aircraft;

2 °) the services on board the various engines, machines and instruments necessary for the operation and navigation of the aircraft;

3 °) service on board other equipment mounted on aircraft, including photographic and meteorological apparatus, apparatus for agricultural work and apparatus for manoeuvre of parachutes;

4 °) the additional services on board, in particular cabin crew of the air transport.

Article 191. -Persons who do not have Senegalese nationality and are not nationals of one of the Member States of UEMOA may be authorised to exercise, temporarily, the activities reserved by the previous article to the seagoing personnel Civil aviation professional.

The authorisation shall be subject, in each particular case, to a decision taken within the framework of the laws and regulations relating to the control of residence and work by the Minister responsible for civil aviation.

CHAPTER 2. -CLASSIFICATION OF PROFESSIONAL SEAGOING PERSONNEL

SECTION 1. -DIFFERENT CATEGORIES OF PROFESSIONAL SEAGOING PERSONNEL

Art. 192. -Civil aviation professional aircrew belong to one or more of the following three categories:

1 °) tests and receptions;

2 °) air transport;

3 °) aerial work.

Article 193. -Are considered within the meaning of this Title.

1 °) as tests and receptions, all tests carried out in flight, on land or water, under the direction or control of the manufacturers or representatives of the State, whose purpose is to search for the characteristics and the development of the aircraft As well as all flight verification tests;

2 °) as air transport, any air operation against pay in sight or during the performance of the carriage of passengers, of the post of goods;

3 °) as aerial work, any remunerated aerial operation which uses an aircraft for purposes other than the transport or tests and receptions defined at 1 ° and 2 ° of this Article. It includes air training, demonstration and propaganda flights, photography, parachuting, advertising and aerial agricultural operations.

SECTION II. -THE REGISTRATION REGISTER

Article 194. -The classification of the professional cabin crew of civil aeronautics is established by decree.

No person shall be a member of the civil aviation professional cabin crew if he or she is not registered in an aeronautical register.

However, staff of supplementary boarding services for a period of less than six months shall not be entered in the Register.

Article 195. -To be initially registered on one of the registers, the candidate must meet the following conditions:

1 °) be a national of Senegal or a national of a member state of the West African Economic and Monetary Union (UEMOA);

(2) to be the holder of the patents and, as the case may be, to licences in the state of validity corresponding to the register concerned;

3 °) have not been sentenced to imprisonment or to a more serious penalty, either for crime or for crimes against probity or good morals.
The following shall be fixed by an order made on the report of the Minister for Civil Aviation:

A. The rules applicable to the establishment and maintenance of such registers;

B. The conditions under which the recordal amendments, the refusal to register, the suspension, the cancellation and the re-registration may be pronounced, as well as

C. The conditions under which the persons concerned must justify their entry in the Register.

Article 196. -Exceptionally, registration on the regisires of the civil aviation professional staff of persons who do not have the Senegalese nationality may, in each particular case, be authorized by order of the Minister responsible for Civil Aviation.

SECTION III. -OF THE CREW

Article 197. -The crew consists of all persons on board for the service of the aircraft in flight. He is placed under the command of a commander.

SECTION IV. -THE COMMANDER OF THE AIRCRAFT

Article 198. -The composition of the crew shall be determined on the basis of the aircraft type, the characteristics and duration of the voyage to be performed and the nature of the operations to which the aircraft is assigned.

This crew is determined in accordance with the regulations in force by the operator.

The nominal list of the crew shall be drawn up before each flight in accordance with the regulations in force.

Article 199. -The duties of a pilot-in-command are carried out by a pilot. The aircraft commander is listed first on the crew list.

In the event of death or incapacity of the commander, the command of the aircraft shall be given full right, to the place of landing, in accordance with the order set out in that list.

Art. 200. -The commander is responsible for the execution of the mission. Within the limits defined by the regulations and the instructions of the competent authorities and the operator, he shall select the route, the flight altitude and determine the distribution of the loading of the aircraft.

It may postpone or suspend the departure and, in the course of flight, may change its destination whenever it considers it essential for safety and on condition that it is accounted for by providing reasons for its decision.

Art. 201. -The commander has authority over all persons on board. It may disembark any person from among the crew or passengers or any part of the load that may present a danger to safety, safety or good order on board the aircraft. In flight, it may, if it considers it necessary, drop all or part of the cargo or fuel load, provided that it is reported to the operator. If the choice is possible, it must throw low-value goods.

It provides command of the aircraft for the duration of the mission.

Art. 202. -The aircraft commander is the consignee of the aircraft and is responsible for the loading. In the event of difficulty in carrying out his or her mandate, he or she shall request instructions from the operator. If it is impossible for him to receive precise instructions, he has the right, without a special mandate:

1 °) to commit the expenditure necessary for the performance of the mission undertaken;

2 °) to have the necessary repairs carried out to enable the aircraft to carry on its mission in close time;

3 °) to make all arrangements and carry out all expenses to ensure the safety of the persons on board and the safeguarding of the cargo;

4 °) to hire additional staff for the completion of the mission and to dismiss the mission;

5) to borrow the sums needed to enable the measures referred to in the preceding paragraphs to be carried out.

The settlement of the dispute shall, where appropriate, be brought before the competent court in commercial matters.


CHAPTER 3. -WORKING CONDITIONS

Article 203. -Apart from the provisions of the Labour Code, the following provisions shall apply to members of professional seagoing personnel.


SECTION I. - OF THE EMPLOYMENT CONTRACT

Article 204. -The undertaking of a member of the professional seagoing staff shall obligatorily result in the establishment of a written contract of employment.

This contract specifies in particular:

1 °) the guaranteed monthly minimum wage;

(2) the termination indemnity which shall be allocated, except in the case of gross negligence, to the staff laid off without entitlement to an immediate annuity;

(3) the conditions under which the contract is terminated in the event of illness, invalidity or disappearance;

4 °) the place of final destination and the time at which the mission is deemed to be accomplished if the contract is concluded for a specified mission;

5) the period of notice to be observed in the event of termination of the contract by either party. During the notice period, the monthly flight time requested for the aircrew shall remain equal to the average of that requested during the same period to the crew members of the undertaking concerned.

The employer may, however, not use the seafarer in a period of notice, but in this case he must pay him, immediately and at once, a
Compensation calculated for the minimum period of notice on the basis of the average monthly average wage of the last normal year of activity.

Article 205. -The fixed-term contract, whose term occurs during a mission, is extended until the completion of the mission.

The indefinite employment contract terminated during a mission shall terminate at the end of the notice period, which shall begin on the day of the completion of the mission.

Any member of the aircrew who disembarked for any cause during the mission shall be repatriated at the expense of the operator to the place of engagement.

Article 206. -The working hours of professional seagoing personnel shall be fixed by decree.

Article 207. -The interruption of the mission determined by the commander on a safety ground does not constitute a breach of contract of employment.

All costs resulting from this interruption shall be borne by the operator, including those specified in the foregoing Article.

Article 208. -In the case of internment, detention or captivity of a member of the crew on the occasion of the service and which is not manifestly the consequence of a common law offence, the contract of employment shall be extended right up to the end of Internment, detention or captivity.

Unless otherwise agreed, the operator shall, on a monthly basis, pay to the beneficiaries or the person designated by the person concerned, the three-fifth of the average monthly salary of the preceding twelve months.

Article 209. -No member of the civil aviation crew shall be required to perform any duties other than those specified in his contract of employment, except in flight, on the order of the aircraft commander.

However, when the technical means are insufficient, the crew participates ashore in aircraft repair and recovery operations.

Art. 210. -In addition to property which, under the Code of Civil Procedure or special laws. May not be seized or pledged, may not be seized or pledged for any reason by the equipment, instruments and other objects belonging to the members of the seafarer and assigned to the exercise of their Profession.

The sums due to the persons concerned for medical or pharmaceutical expenses, accommodation and living expenses and repatriation costs to the place of undertaking shall not be assignable or garnishable.

SECTION II. -DISEASES

Article 211. -In the event of incapacity for work resulting from injuries or illnesses not attributable to the service of a member of the professional cabin crew of civil aeronautics during the performance of the contract, the operator shall be required to ensure that Resumption of its seagoing duties or until the doctor's decision or, where applicable, up to the date of entry into retirement:

1 °) his guaranteed monthly salary during the month in which the disability occurred, and for the following three months;

2 °) half of that salary for the three months following that first period.

CHAPTER 4. -PENALES PROVISIONS

Article 212. -It is punishable by imprisonment from two months to one year and a fine of two to twelve million francs C.F.A. (2.000.000 to 12.000.000 Frs) or one of these penalties only, any person who performs one of the jobs corresponding to the patents, licences and qualifications of the civil aeronautical professional cabin crew in contravention of the Provisions of this Title.

The person in charge of any business who assigns one of these jobs to a person who does not meet the conditions set out in this Title shall be liable to the same penalty.

TITLE III. -NON-PROFESSIONAL AIRCREW AND
FROM THE FORMATION

CHAPTER 1. NON-PROFESSIONAL AIRCREW

Article 213. -The non-professional aircrew quality of the aircraft is assigned to persons engaged on an occasional basis in activities related to air navigation, regardless of the reasons.

Article 214. -Non-professional aircrew must be equipped with the required titles. The conditions for the grant of such securities shall be fixed by decree.

CHAPTER 2. -OF THE FORMATION OF THE AIRCRAFT

Article 215. -The Minister of Civil Aviation is responsible for matters relating to:

1) the propaganda and aeronautical education of young people;

2) the training, training and development of non-professional flight crew;

3 °) general aviation and engine-free flight.

It is also competent to exercise the powers of guardianship over private organisations whose activities are of interest to light and sporting aviation.

Art. 216. -The operation of flight clubs shall be subject to the prior approval of the Minister responsible for civil aviation in accordance with the conditions laid down by order.

Article 217. -Aéro-clubs must provide their various training in accordance with the regulations in force.


BOOK (S) OF AIRCRAFT OPERATIONS

Article 218. -Air transport consists of the carriage by aircraft of passengers of the goods and of the post from one point to another.

The terms and conditions of carriage by air, commercial and non-commercial, shall be fixed by decree.

Article 219. -shall be regarded as aerial work, any commercial aviation activity excluding public and private air transport services, carried out using an aircraft and oriented in areas such as agriculture, construction, Photograph, topography.

Any air work shall be subject to prior authorisation by the Civil Aviation Authority under the conditions laid down by decree.

Article 220. -Are considered private flights, flights which do not provide either air transport services or aerial work.

The conditions governing the execution of private flights shall be fixed by decree.


TITLE I. - TRANSPORT UNDERTAKINGS

CHAPTER I. - SENEGAL CARRIERS

Article 221. -No person may carry on an air transport activity, in a professional capacity and against remuneration, if it has not been authorised by the Civil Aviation Authority under the conditions laid down by decree.

Article 222. -The authorisation referred to in the preceding Article relates to operating licences whose conditions for issue, validity, maintenance and withdrawal must comply with the rules laid down in the framework of Economic and Monetary Union West African in particular to the regulation on the air carrier licence.

Art. . In accordance with the provisions of Regulation No 06 /2002/CM/UEMOA relating to the approval of air carriers within the UEMOA, undertakings authorised under Article 221 must submit, in advance to the Minister responsible for Aviation Application for an air carrier licence.

Art. . For the determination of its tariffs, the air transport undertaking must comply with the regulations of the West African Economic and Monetary Union developed for that purpose.

Article 225. -Coordination between air transport and land or sea transport shall be ensured by the Minister (s) concerned, after consulting the competent advisory bodies.

Article 226. -Air transport undertakings shall be subject to the technical control exercised by the Civil Aviation Authority in order to ensure air safety.

The expenses incurred by this control are borne by the air transport companies.

Article 227. -State control of air transport undertakings shall be exercised, with regard to the application of the provisions laid down in the international conventions, the laws and regulations in force relating to flight personnel, flying equipment, The technical and commercial operation of this equipment and the administrative regulation by the Civil Aviation Authority.

The control of the technical operation shall include:

(1) the application of air traffic rules;

2) the conduct of the flights;

3 °) on-board equipment and instruments;

4 °) rescue and rescue equipment;

5) maintenance of aircraft;

6 °) documents and books on board, in particular operating manuals;

7 °) the composition and conditions of employment of flight crews;

8 °) transport of dangerous goods.

Article 228. -The authorised air transport undertakings shall, on the request of the persons responsible for supervision, communicate to them all the documents necessary for the exercise of their tasks.

The persons responsible for supervision shall have access to aircraft for the performance of their duties and on presentation of a mission order or a service card.

Article 229. -The air transport undertaking shall be obliged to observe the obligations laid down in the rules laid down in the framework of the Economic Union and West African Monetary Union, in particular the regulations relating to the air carrier licence and the Rates.

CHAPTER 2. -FOREIGN CARRIERS

Article 230. -Without prejudice to the rules of Community law in force in the African Economic and Monetary Union, foreign transport undertakings shall be subject to the provisions of this Chapter.

Art. 231. -The creation and operation by foreign airlines of international air transport routes to or from Senegal shall be subject to the prior authorisation of the Civil Aviation Authority.

Art. 232 . The provisions of Articles 224, 226 to 229 of this Code shall apply to foreign carriers.

Article 233. The programmes, schedules, tariffs and technical data of the operation of foreign air transport undertakings providing services to or from Senegal shall be submitted to the Civil Aviation Authority in the Conditions laid down by decree.

Article 234. -Commercial transport of persons and goods between two points in Senegal is reserved for Senegalese carriers subject to special and temporary derogations.

CHAPTER 3. -SANCTIONS

Article 235. -In the event that an air transport undertaking is in breach of the legislation in force in particular, the provisions of Articles 224, 229, 231, 233 ct 234 of this Code, the Civil Aviation Authority may pronounce, for all or part of the activities The suspension or revocation of any approvals or authorizations granted.

Article 236. -Any Senegalese, Community or foreign air transport undertaking which, without authorisation or in breach of the conditions prescribed by the authorisations granted to it, carries on an air transport activity in Senegal, is Liable to a fine.

The fine is imposed by the inspectors of the Civil Aviation Authority designated to observe the infringements of air traffic and possession of a service card and by the aerodrome commanders. It is payable in cash to the Civil Aviation Authority.

The fine is proportional to the tonnage of the aircraft and established on the basis of 125,000 francs per tonne and by transport. The tonnage taken into account is the maximum take-off weight corresponding to the certificate of airworthiness of the aircraft.

Any fraction of a tonne shall be counted for one tonne. In the event of a refusal to pay the fine or in the event of a repeat offence, the aeroplane may be placed in receivership at the request of the Civil Aviation Authority.


TITLE II. -TRANSPORT CONTRACTS

Article 237. -The contract for the carriage of persons, baggage or goods by air is governed by the Montreal Convention signed on 29 May 1999 for the unification of certain rules relating to international air transport and by all other conventions and Protocols ratified by Senegal.


CHAPTER I. - THE CONTRACT FOR THE CARRIAGE OF GOODS

Article 238. -In the carriage of goods, the contract is short of the taking of the goods, that is, as soon as they are delivered by the consignor or his agent to the carrier or his agent on delivery, that is to say their surrender by the carrier Or his representative to the addressee or his representative.

Article 239. -The carrier must make a manifest containing the indication and the nature of the goods being transported. However, in the case of internal traffic in Senegal, derogations may be granted by the Civil Aviation Authority.

Article 240. -The contract of carriage of goods shall be determined by an air waybill or a receipt issued by the carrier. The contract for the carriage of goods must contain the particulars relating in particular to the identification of the parties, the characteristics of the goods in particular as to their weight, quantity and quality, at the place of embarkation and Landing.

S. 241 -The air carrier shall be liable for any damage resulting from damage, loss, partial or total loss, or delay, except in cases of force majeure, vice-specific of the goods or fault of the victim.

Article 242. -If the parties have agreed to a delivery period, the carrier remains liable for any delay.

If, on the contrary, no time limit has been fixed and the delivery has not been made within a reasonable period of time, the liability of the carrier may be incurred only if the delay has caused injury to the shipper or consignee.

Art. 243. -The jet of goods essential to the salvation of the aircraft shall not incur the liability of the carrier to the consignor and the consignee as a result of that loss of goods, unless it is established that the fault of the carrier is at the origin The situation in which the said aircraft is located.

Article 244. -The action in liability shall be carried, at the choice of the applicant, either before the court of the place of embarkation or disembarkation of the goods, or before the court of the domicile of the carrier, the head office of its operation or the place where it Has an establishment by which the contract was concluded.

Article 245. -Any action in respect of the contract for the carriage of goods shall be prescribed, if it has not been brought within two years from the day on which the aircraft arrived or is to arrive at its destination.

Article 246. -The liability of the air carrier may be limited to an amount fixed by order in accordance with the Montreal Convention of May 28, 1999, on the liability of the air carrier.

However, the air carrier is deprived of the benefit of this limitation of liability in the event of fraud or misconduct on its part.

Article 247. -Fraud is the responsibility of the carrier to conceal or attempt to conceal the missing damage or delay, or by any other means to prevent or attempt to prevent the receiver from formulating his/her protests within the required time frame. The victim, prevented by a case of force majeure from formulating his protests, can always act responsibly.

Article 248. -Is inexcusable the wilful misconduct which implies the awareness of the likelihood of damage and its reckless acceptance without valid reason.

Article 249. -In the case of successive transports, the last carrier shall reply to any damage which has occurred and any fault committed during the carriage, unless the carrier responsible for the damage which can be called as a guarantee is brought against it.

Art 250. -The sender and the consignee are each responsible for their personal misconduct.


CHAPTER 2. -CONTRACT OF CARRIAGE OF PERSONS

Article 251. -In the transport of persons, the contract is short of registration with the delivery of the boarding ticket at the end of the landing formalities.

Article 252. -The contract of carriage of passengers shall be evidenced by the issuance of a ticket.

The carrier is required to submit to the competent authorities a traffic form or, failing that, a manifest of passengers.

However, this provision is not applicable to travel that involves the non-stop return to the aerodrome of departure.

Article 253. -For the liability regime of the air carrier of persons, Articles 237 to 245 of this Code shall apply.

Article 254. -In the case of successive transports, each carrier responds to the fulfilment of its obligations for its own journey

Article 255. -The person being transported responds to his or her personal mistakes.


CHAPTER 3. -RELATIONSHIPS BETWEEN CARRIERS

Article 256. -The contract carrier shall designate the carrier that has signed the contract of carriage with the shipper or the passenger.

The de facto carrier is the one who, without having signed the contract of carriage with the shipper or the passenger, did indeed carry out all or part of the carriage by virtue of an authorization given by the contract carrier.

Art. 257. -In respect of the persons entitled to the goods and passengers, the de facto carrier shall reply to damages for the carriage which it has carried out while the contract carrier is liable for the whole of the transport envisaged.

The provisions of Chapter 1 and 2 of this Title shall then apply as the case may be.

Article 258. -In their relations with each other, a contractual carrier and a de facto carrier are governed by the provisions of their contract.


TITLE III. -FROM THE SHARPER AND LEASING OF AIRCRAFT

CHAPTER 1. -COMMON PROVISIONS

SECTION 1. -LEGAL OBLIGATIONS

Article 259. -The frenzy or owner of the aircraft frenzy or leased to a third party remains bound by the legal obligations and is jointly and severally liable with the charterer or the lessee of their violation.

However, if the charter or rental contract is entered in the registry and if the charterer or the lessee meets the requirements for the ownership of a Senegalese aircraft, it shall be held only as an operator Legal obligations and only liability in case of breach of these obligations.

Art. 260. -The charter and leasing of aircraft are subject to the legal obligations laid down in the framework of the West African Monetary Union, in particular those relating to the air carrier licence.

Article 261. -If the charterer and the lessee carry out transport operations with the leased or leased aircraft, they shall then be subject to the rules relating to the contract of carriage in their dealings with passengers or consignors of goods.
However, in their relationship with the freer or lessor, they are governed by their contract.

Art. 262. -When an aircraft registered in Senegal is operated under a charter or trivialization agreement of the aircraft, or any other similar arrangement, by an operator who has the principal headquarters of its operation, or, failing that, Permanent residence in another Contracting State, Senegal may, by agreement, transfer to it all or part of the duties and obligations in respect of that aircraft, in its capacity as the State of registration. The State of Senegal is exempt from any responsibility for the functions and obligations transferred.

SECTION II. -SANCTIONS

Art. 263. -The provisions of Articles 235 and 236 of this Code shall apply in respect of the chartering and leasing of aircraft.


CHAPTER 2. -SPECIFIC PROVISIONS

SECTION I. - AIRCRAFT FACTORING

Article 264. -The charter of an aircraft is the operation by which a person called a freer makes available to another person called charterer an aircraft with crew for a fee.

Article 265. -In the event of a fixed term charter, the members of the crew as defined by the regulations in force shall remain, unless otherwise agreed, the operators of the crew. The charter may also be in the form of leasing.


SECTION II. -RENTAL OF AIRCRAFT

S. 266. -Rental of aircraft is the operation by which a person called a lessor makes available to another person named lessee or lessee an aircraft without crew for a fee.

BOOK VI.INVESTIGATIONS, ACCIDENTS AND SERIOUS AVIATION INCIDENTS

TITLE I. - THE CONDUCT OF THE TECHNICAL INVESTIGATION

CHAPTER I. - GENERAL PROVISIONS

Art. 267. -Any civil aviation accident or incident occurring on an aircraft in Senegalese territory shall be subject to a technical investigation in accordance with the provisions of Annex 13 to the Chicago Convention.

Aircraft accidents or incidents not governed by the provisions of this Code may also be investigated if they are assigned to the Office of Investigation and Analysis for the Safety of Civil Aviation (BEA).

Article 268. -The usual terms relating to investigations are defined in the Senegalese aeronautical regulations (RAS).

Art. 269. -The Bureau of Investigation and Analysis for the Safety of Civil Aviation shall immediately notify any accident or incident occurring on Senegalese territory or in the spaces entrusted under the conditions laid down by decree.

Likewise, it must notify any accident or incident outside the territory of Senegal involving an aircraft registered in Senegal or operated by a natural or legal person, an organization or an undertaking having its registered office or Its principal place of business in Senegal, or if the airline's licence has been issued by Senegal and has not been notified by the state of occurrence.

Article 270. -The technical investigation, carried out as a result of an accident or civil aviation incident, has the sole objective, without prejudice to the judicial investigation of,

1 °) to determine the circumstances and the causes of the accident or incident;

2) to collect and analyse useful information;

3 °) prevent the occurrence of other accidents or incidents;

4) to make recommendations for safety and security.

The purpose of the technical investigation is not to determine fault or liability.

Article 271. -The technical investigation covers accidents and incidents:

1 °) on Senegalese territory or in the areas entrusted to it;

2 °) outside of Senegal if the aircraft is registered in Senegal or operated by a natural or legal person, an organization or undertaking having its registered office or principal place of business in Senegal, or if the permit Has been issued by Senegal, if the state of occurrence does not open up a technical investigation and in all cases where no investigation has been opened.

Art. 272. -Technical investigations relating to aviation accidents and incidents fall within the competence of the Bureau of Investigation and Analysis for the Safety of Civil Aviation whose organisation and operating rules are laid down by decree.

Article 273. -The Office of Investigation and Analysis for the Safety of Civil Aviation and the members of the Committee of Inquiry shall act independently in the course of the investigation and shall not receive or seek instructions from any authority or from any Other bodies whose interests may conflict with the mission entrusted to them.

Article 274. -The State may delegate to another State or other specialised body the conduct of all or part of the technical investigation. Similarly, the State may accept the delegation, by a foreign state, of the conduct of all or part of a technical investigation.

Art. 275. -In the event of an occurrence, the Office of Investigation and Analysis for the Safety of Civil Aviation appoints a designated investigator to conduct the investigation. It must have free and unrestricted access to the wreck and all the relevant elements, in particular the flight recorders and the records of the ATS services and on which it will exercise complete control so that it can proceed without delay to their Examination.

Article 276. -Technical investigators shall have free access to the place of the accident or incident, to the aircraft, to the wreck and to its contents in order to proceed on the spot to any useful finding.

Technical investigators are required to take all measures to preserve the clues. They may require the assistance of local authorities.
In the event of an accident, the judicial authority on its request shall be informed of the intervention of the technical investigators.

S. 277. -In the event of an accident or incident of aviation, the crew, owner or operator, their servants, persons or undertakings in relation to the aircraft as well as the authorities involved in the occurrence, in particular, the military and Paramilitaries, search and rescue services, civil aviation officials, fire fighting services are obliged to take all necessary measures to preserve indices, documents, materials and recordings Which may be useful in the technical investigation and avoid the erasure after the flight of Recording conversations and alarms.

CHAPTER 2. -REPORTS BETWEEN TECHNICAL INVESTIGATORS AND JUDICIAL INVESTIGATORS

Article 278. -The investigators shall have without delay access to the loggers and any other recordings deemed relevant in order to carry out their operations.

When an investigation or judicial information has been opened, the results of the operation of the recordings shall be made available to the judicial authorities.

Art. 279. -In the event of an accident or incident involving the initiation of an investigation or judicial information, the public prosecutor or the judge
Shall allow technical investigators to carry out the collection, for the purposes of examination and analysis, of the debris, fluids, parts, organs, sets or mechanisms which they consider to contribute to the determination The circumstances and causes of the accident or incident.

In the event that examinations or analyses are capable of altering, altering or destroying the fluid debris, parts, organs, assemblies and mechanisms, the judicial authority may, in advance, make copies.

TITLE II. -POWERS AND POWERS OF TECHNICAL INVESTIGATORS

CHAPTER I. - EXPLOITATION OF INFORMATION

Article 280. -The retention, elaboration or destruction, for the purposes of the investigation, of the objects and documents submitted to the examination or analysis of the technical investigators, shall not enter into any right to compensation.

Article 281. -Technical investigators may require the communication of documents of any kind relating to persons, undertakings or equipment in connection with the accident or serious incident without the possibility of their opposition to professional secrecy In particular, training and qualification of persons, construction, certification, maintenance, operation of equipment, flight preparation, driving, information and control of aircraft.

In addition, technical investigators have the authority to collect the evidence deemed necessary for the investigation.

Article 282. -Where the documents referred to in Article 281 above are placed under seal by the judicial authority, a copy shall be issued to the technical investigators.

However, medical documents are disclosed only to physicians who are members of the Board of Inquiry or designated to assist technical investigators.

However, technical investigators may be provided with the medical records of the persons responsible for the conduct, information relating to the flight or its preparation and/or control of the aircraft.

Article 283. -A third party shall be prohibited from the commission of inquiry to modify the condition of the premises in which an accident or civil aviation incident occurred, in particular, to take samples, to surrender on the aircraft to a few Handling, proceeding with the displacement of the aircraft and any other index, unless the said acts are recommended by the security requirements or by the need to provide relief to the victims or authorised by the judicial authority after notice of the The technical investigator.


CHAPTER 2 OF THE INVESTIGATION REPORT

Article 284. -The Bureau of Investigation and Analysis for the Safety of Civil Aviation makes the final accident or incident report public, within the time limits and conditions laid down by decree.

Article 285. -The designated investigator, in his final report, is required to issue safety recommendations whose purpose is to prevent an accident or incident.

Article 286. -The technical investigators, the experts to whom the Bureau of Investigation and Analysis for the Safety of Civil Aviation appeals, are bound by professional secrecy, in particular at non-disclosure:

1. Statements obtained from persons by investigators as part of a technical investigation;

2. Communications between persons involved in the operation of the aircraft;

3. Medical and private information of persons involved in the accident or incident;

4. Opinions expressed during the analysis of the information, including the information contained in the flight records;

5. Any relevant factors in the analysis of the accident or incident.

BOOK VII OF THE FINAL PROVISIONS

S. 287 . - The arrangements for implementing the provisions of this Code shall be laid down by decree.

Article 288. -Are repealed all provisions contrary to this Law, in particular Law No. 88-08 of 26 August 1988 on the Police of Traffic in the grounds of Dakar-Yoff International Airport, Law No. 2002-31 of 12 December 2002 Civil Aviation Code, as amended by Act No. 2005-27 of 26 August 2005.


This Law shall be enforced as the law of the State.


Done at Dakar, May 04, 2015.


Macky SALL

By the President of the Republic:


The Prime Minister,
Mahammed Boun Abdallah DIONNE