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Act No. 2015-10 May 04, 2015 Act No. 2015-10 04 may 2015 with Code of Civil Aviation.
Explanatory statement Aviation of Senegal was the subject of several audits of its supervision system of security and safety by the Organization of International Civil Aviation (Ica0), the Federal Administration of Aviation of the United States of America (FAA) and the Union economic and monetary West African (UEMOA).
These different audits found discrepancies in legislative, regulatory and organizational frameworks, standards and pratiqtres recommended by the Annexes to the Chicago Convention.
Indeed, Decree No. 63-619, published in the Official Journal of 31 August 1963, relating to certificates of airworthiness of the aircraft and approving of a society of control, delegated to Bureau Veritas the control functions for the issuance and maintenance of airworthiness of aircraft registered in Senegal. These responsibilities were in 2005, fully included and royalties and fees y related perceived by the former National Civil Aviation of Senegal (ANACS) without any legal basis duly established.
Safety of air traffic, no provision of law No. 2002-31 of 12 December 2002 on the civil aviation code, does the supervision by the authority of the civil aviation of ASECNA, provider of air navigation services.
The audits also showed lack of aeronautical penalties against the Senegalese aviation regulatory offences.
In addition, Act No. 2002-31 December 12, 2002 above quoted does not all provisions for the protection of civil aviation against acts of unlawful interference to deal effectively with the upsurge in threats and attempts of terrorist attacks using aircraft or airport facilities.
Finally in the same Act No. 2002-31 dated 12 December 2002, the provisions relating to the investigations of aviation incidents and accidents are not in accordance with the relevant international standards in this area.
Furthermore, Regulation No. 01/2007/CM/UEMOA on the adoption of the Community Code on civil aviation of the UEMOA Member States, requires the Member States of the Union, the cn place of aviation with financial autonomy and authority management a legal personality.
Thus, the draft new code of civil aviation has two hundred and eighty-nine (289) blogs distributed in seven books. It brings many innovations in basic aeronautical legislation.
The new wording introduced the community requirement to the autonomy and the legal personality of the civil aviation authority and corrects discrepancies by audits, on the strengthening of the powers of the authority of civil aviation, the execution of the tasks of operators and service providers and the specification of the provisions relating to the security of civil aviation.
Always taking into account the Community provisions, the new code extends the right to registration in the Senegalese register, aircraft owned by nationals of the Member States of WAEMU.
With regard to the financial resources of the civil aviation authority, the draft Code introduces new fees in order to cover all fields of competence of the authority.
In order to strengthen the operation and environmental protection measures, criminal sanctions have been made consistent with the code of the environment and Community provisions.
The introduction of Book VI concerning investigations on accidents and serious incidents of aviation, allows the implementation of the obligations of the State, in compliance with the principle of independence of the technical investigation with regard to the judicial inquiry.
Thus, the new civil aviation code repeals law No. 2002-31 dated 12 December 2002 and no. 2005-27 of August 26, 2005, amending Act No. 2002-31 December 12, 2002 on code civil aviation. It also cancels Act No. 88-08 dated August 12, 1988, relating to the traffic in the confines of the airport police Léopold Sédar Senghor whose application has been extended to all aerodromes of Senegal.
Such is the economy of this Act.
The National Assembly adopted in its session of Tuesday, April 21, 2015, the President of the Republic enacts the law whose content follows: Book 1 of the title 1 civil AVIATION authority. -FROM the establishment and status of the authority of the AVIATION civil chapter first. -FROM the CREATION of the authority of the AVIATION CIVILE Article first. -It is created a Civil Aviation Authority.
The Civil Aviation Authority is a legal person of public law, with financial autonomy and management, placed under the authority of the Minister responsible for Civil Aviation.
S. (2 - civil aviation authority is responsible, inter alia, on behalf of the State: 1 °) of the implementation of the policy of the State civil aviation;
2 °) for the advancement of civil aviation in Senegal;
3 °) of the negotiation of conventions and bilateral agreements and multilateral relating to civil aviation within the clearances and mandates conferred by the State.
4 °) the development, dissemination and the harmonization of the technical regulations of civil aviation in accordance with the Organization of International Civil Aviation (ICAO) standards.
5 °) the development and implementation of the strategy on civil aviation and air transport, in accordance with national priorities;
6 °) of the control of the application of the national legislation in force and the international conventions signed and ratified by Senegal.
7 °) of the management of the portfolio of traffic rights of air services agreements signed by the State of Senegal;
8 °) of the control of safety and the supervision of the safety of civil aviation;
9 °) coordination, supervision and control of all activities aeronautical and airport in Senegal as well as the monitoring of the activity of international and regional organizations in the areas of civil aviation;
10 °) monitoring of the management of the land heritage of the State assigned to civil aviation.
11 °) the monitoring and management of the undertakings of the State civil aviation.
In addition, the Civil Aviation Authority is responsible for all other missions which public authorities entrust in accordance with the laws and regulations in force.
The Civil Aviation Authority is a member of the commissions, committees, meetings and boards the subject relates to its missions.
CHAPTER 2. -The Organization, operation and resource of the civil AVIATION authority art. 3 - the rules of organisation and operation dc from the Civil Aviation Authority are laid down by Decree.
S. (4. - resources of the Civil Aviation Authority include: 1 °) fees for services rendered including attitude, rates, and the procedures for recovery are fixed by Decree.
2 °) products of aviation and aeronautical charges;
3 °) products from the certification and monitoring of operators;
4 °) concession products.
5 °) products from conducting studies on behalf of users;
6 °) products from the production of documents and/or data;
7 °) products of fines and imposed aeronautical penalties as such administrative penalty as laid down by Decree;
8 °) all budgetary allocations of the State;
9 °) loans, credits and grants made by partners development, donations and bequests, all other recipes provided for by the laws and regulations in force.
Security and civil aviation security equipment acquired by the Civil Aviation Authority may be exempted from taxes.
TITLE II. -CHAPTER I: CIVIL AVIATION AUTHORITY ASSIGNMENTS. -ORDER GENERAL article ATTRIBUTIONS 5. - the Civil Aviation Authority has the power to take in the exercise of its missions acts to carry out investigations.
It shall arrange for the publication of all reports, orders, decisions and all texts adopted in the forms and according to the conditions best suited for the information and use of the public.
S. 6 - the Civil Aviation Authority may reject, cancel, modify, suspend, withdraw all reports, orders, decisions and all texts provided for in article 5 above.
S. (7 - Civil Aviation Authority may: 1 °) acquire by purchase, lease or otherwise, movable or immovable property including when it comes to installations of air navigation and aeronautical meteorology belonging to Senegal and operated by the State.
2 °) perceive inherent to easements or other rights rights to the airspace in the vicinity immediate of the said facilities and necessary for their proper functioning.
CHAPTER 2. -TECHNICAL article ATTRIBUTIONS 8 - Civil Aviation Authority participates in the preparation of the policy defined by the State in the field of the use of airspace of Senegal and ensure its implementation.
In agreement with the military authorities, it ensures good coordination between the general air traffic and military operational traffic under the conditions laid down by Decree.
Art 9. -The Civil Aviation Authority is responsible for the implementation of the regulation of air traffic control.
The Civil Aviation Authority may, under conditions defined by Decree and to ensure the continuity of the operation of the aircraft or aeronautical facilities, grant an exemption or a temporary derogation in accordance with the regulations in force.
S. 10 - the Civil Aviation authority certifies and inspects permanently aircraft operating within the national territory, the crews and airlines.
In the exercise of its certification and inspection missions, it can validate certificates and licences issued by the authority of the civil aviation of an another Contracting State under the conditions laid down by Decree.
It is also empowered to issue, suspend, withdraw or cancel certificates of aerodromes and certification tracks decisions.
S. 11 - the Minister responsible for Civil Aviation grants approvals to assistance or self-handling operators under the conditions determined by Decree.
S. 12 - the missions of regulation and supervision of the security and safety are the exclusive competence of the Civil Aviation Authority.
S. (13 - Civil Aviation Authority develop and approve including: 1 °) the national security program;
2 °) the national plan of navigation based on performance;
3 °) the national civil aviation security programme;
4 °) the national civil aviation security quality control programme;
5 °) the national civil aviation security training programme;
6 °) the national certification program staff inspection filtering and other security personnel;
7 °) the national facilitation programme;
8 °) any program or plan for civil aviation provided for by the conventions to which the State is party.
The Civil Aviation Authority ensures the implementation and update of the plans referred to in paragraph 1 of this article.
The Civil Aviation Authority may delegate certain operational activities of security under the terms laid down by Decree.
S. (14 - in the context of its missions, the Civil Aviation Authority must in particular: 1 °) carry out the necessary inspections on the infrastructure, airfields, services of air navigation services and meteorological facilities, aircraft, air service operators, aviation personnel, powertrains and equipment on-board aircraft, the documents on board, centres or organizations whose activity relates to civil aviation;
2 °) provide advice to each carrier or operator for inspection and maintenance of these various components.
S. 15. - to ensure the mission control and supervision provided for in the preceding article, it is created within the Civil Aviation Authority a body of civil aviation inspectors, appointed by the Civil Aviation Authority under the conditions laid down by Decree and who shall take oath before the regional court of competent jurisdiction according to the following formula: "I swear to perform my duties with integrity in strict compliance with laws and regulations".
Field missions, the Inspector is entitled to: 1 °) look for violations of the Code of Civil Aviation of Senegal and take minutes;
2 °) require the public force in the exercise of its functions;
3 °) access at any time, aircraft, aeronautical services and facilities and documents.
In addition, delegated authority and, in the case of violation of the provisions of this code, Civil Aviation inspector may as a precaution prohibit any operator or individual, the exercise of the privileges conferred on it by the licence, the certificate, the agremcnt or the authorization which have been issued.
In the exercise of his duties, the Inspector is protected against threats and insults of any kind whatsoever. In addition, he may be prosecuted or tried for analyses, evaluations, comments, assessments, advice or recommendations made in an inspection report.
Detailed rules for the application of this article shall be determined by Decree.
S. 16. - the Civil Aviation Authority may impose, in compliance with the laws and regulations in force, uniform procedures for inspection, detection of objects and prohibited items, the search of the terminal facilities, aircraft, people and goods at the level of commercial air transport and civil aviation to ensure their safety.
S. 17 - the Civil Aviation Authority may, for cause any linked to its mission of supervision of the security and safety, inspect again or review on the national territory any civil, any engine, propeller, aircraft components, documents on board, any Powertrain, any airline, any Member civil dequipagc, any maintenance or aviation training organization.
S. 18. - during the investigations into accidents or serious incidents of aviation, the Civil Aviation Authority may assist, upon request, to the agency or the competent entity.
S. 19 - the Civil Aviation Authority is empowered to create schools of formation civil aviation according to conditions laid down by Decree.
S. 20 - Civil Aviation Authority banned the operation of an aircraft and shall take the necessary measures to prevent it from flying when the aircraft or its operation may, are likely to present a danger to passengers, goods or third parties located at the surface. The Civil Aviation Authority takes all necessary measures in order to retain ground the aircraft in question. This prerogative is the exclusive competence of the Civil Aviation Authority.
Book II of aircraft article 21. - for the purposes of this code, is classified aircraft, any device that can support in the atmosphere from the reactions of the air other than the air at the surface of the Earth.
S. 22. - aircraft used for services, such as military, customs or police services, are subject, in regard to the provisions of the present code, to the application of the rules relating to the responsibility of the owner or the operator.
S. 23 - when the aircraft cited in the preceding article are flights other than those corresponding to the activity that they are clean, their drivers are subject to the provisions of this code relating to liability arising from the operation of aircraft.
TITLE FIRST. -FROM REGISTRATION, CITIZENSHIP, PROPERTY, GUARANTEES AND SEIZURES OF AIRCRAFT IN CHAPTER ONE. -REGISTRATION, NATIONALITY AND OWNERSHIP OF AIRCRAFT SECTION FIRST. -OF the Art 24 registration. -An aircraft cannot operate unless it is registered. The regime of registration is determined by the rules below unless otherwise decreed by the West African Monetary and economic Union including those relating to the licence of air carrier.
Paragraph 1. -The register of registration article 25. - There shall be established a register of civil aircraft held by the Civil Aviation Authority.
Paragraph 2. -Conditions of registration article 26 - can be registered in the register set out in article 25 of this code, the aircraft belonging to the State of Senegal or a natural or legal person of Senegalese nationality or national of a State member of the Union economic et monétaire ouest africaine.
S. (- 27 is Senegalese, the legal person hereinafter defined when it actually has its headquarters on the territory of Senegal: 1 °) society in which more than half of the shares owned by people of Senegalese nationality;
2 °) the limited liability company of which more than half of the shares belongs to people of Senegalese nationality;
3 °) the limited company whose shares are registered and belong to more than half of the people of Senegalese nationality;
4 °) Group of economic interest and all other legal entities to commercial object where the majority of the shares belong to people of Senegalese nationality or the absence of social capital, with more than half of the members of Senegalese nationality;
5 °) the association including officers or directors and three quarters of the members are of Senegalese nationality;
However, the State with the possibility, on an exceptional basis, to grant exemptions to the foregoing without prejudice to Community provisions on competition of economic Union and monetary West African.
S. 28. - by way of derogation from the provisions of article 27 of the present code, any aircraft belonging to a stranger whose legal domicile is in Senegal, or belonging to a company or a foreign association headquartered in Senegal or belonging to an organization whose Senegal is a member, can be registered in Senegal.
S. 29 - it is an aircraft which the owner carries out an activity useful in developing economic, social or cultural Senegal.
However, registration of an aircraft belonging to a foreign national must be subject to authorization by the Minister responsible for Civil Aviation.
S. 30 - a registered aircraft abroad cannot be recorded on the Senegalese register after justification for the cancellation of its foreign register.
S. 31 - an aircraft registered in a third country to the Economic Union monétaire ouest africaine cannot be operated in Senegal beyond six (06) months by a person or entity of Senegalese law without being registered in the national register. The registration process is defined by Decree.
Subsection 3. -Certificate of registration article 32 - the inclusion in the register identifies the aircraft. It is evidenced by the issuance by the authority of the Civil Aviation of a registration certificate bearing the name and address of the owner, the manufacturer and the aircraft designation given by the manufacturer, as well as the serial number of the aircraft.
S. 33 - any certificate issued by the Civil Aviation Authority may be suspended, cancelled or expunged for a just cause or if the Civil Aviation Authority considers such a suspension, cancellation or cancellation in accordance with the general interest.
SECTION II. -OF the nationality of the aircraft in first paragraph. -For the acquisition of nationality art. 34 - any aircraft registered in the Senegalese register Senegalese nationality and must bear the nationality and registration marks laid down by Decree.
Paragraph 2. -For the loss of nationality art. 35 - where one of the conditions laid down in articles 26, 27 and 28 of this code is more populated, the owner of the aircraft shall make a statement to the officer responsible for keeping the register, which shall enter the deletion of registration.
Absence of a declaration of the owner, the removal from the register of registration supported by decision of the Director-general of the Civil Aviation Authority.
The deletion of the registration office loss of nationality.
S. 36 - except in cases of forced sale conducted in accordance with the rules laid down by Decree, an aircraft may be removed from the register if he has not given prior registered right hands.
Except in case of sale in the manner prescribed by Decree, the aircraft registration cannot be transferred to another State, or freehand prior registered rights without the consent of the holders.
Until he has fulfilled this condition, the officer responsible for keeping the register shall refuse any radiation.
SECTION III. -OF the ownership of the aircraft in first paragraph. -The acquisition, assignment and transfer of property art. 37. - the inclusion in the register earned title. The register is public and anyone can obtain certified copies, at his own expense under the terms established by interministerial decree of the Minister responsible for Civil Aviation and the Minister of finance.
S. 38. - the aircraft constitutes a good furniture. However, the transfer of ownership shall be evidenced in writing and not produce an effect against third parties by registration in the registry.
Any transfer of property, by death and any judgment conveyance, constitutive or declarative property must be listed in the register at the request of the new owner.
Paragraph 2. -Of the registration of the rights on an aircraft article 39 - the Civil Aviation Authority can create a system of registration of documents affecting title to or ownership on any civil aircraft registered in Senegal and on any cell, engine, propeller, aircraft or parts of aircraft intended for use on an aircraft.
Since the establishment by the authority of the Civil Aviation of such a system of registration, no agreement or convention affecting the title to property or property rights on an aircraft, airframe, engines, thrusters, aircraft or parts of aircraft so registered, is only valid if it has not been registered in the system.
However, this agreement or this agreement will be valid between the parties which have concluded.
S. 40 - the validity of any document so registered, unless otherwise provided by the interested parties, is determined in accordance with the Senegalese laws.
The obligations relating to the registration of documents are determined by Decree.
Subsection 3. -For the loss of aircraft article 41. – any person who finds a wrecked aircraft shall immediately make a statement to the nearest administrative authority.
However, maritime wrecks rules apply only to the wrecked aircraft found at sea or on the sea coast.
In the event of loss of an aircraft, the unit is deemed lost three months after the date of the sending of the latest news.
After expiry of this period, the deaths of persons on board the aircraft, may be declared by judgment under the conditions and according to the provisions of the Family Code.
CHAPTER 2. -GUARANTEES and seizures of aircraft SECTION 1. -GUARANTEES relating to paragraph 1 aircraft. -Of the mortgage article 42 - aircraft can be subject to mortgage, conventional or forced. Registration of the hypothec is done according to a procedure determined by Decree.
S. 43 - the base of the mortgage deals, as they belong to the owner of the aircraft on the airframe, engines, propellers, edge devices and all parts intended way continues to service the aircraft, they are bodies with him or are temporarily separated.
S. 44 - the mortgage may encumber by a single act any part of the aircraft fleet owned a same owner provided that the various components of the fleet are individualized in the Act.
S. 45 - the mortgage can be extended to ancillary parts corresponding to the type of the mortgaged aircraft, provided that such parts are individualized.
Spare parts are stored in one or several sites that are the subject of advertising laid down in article 47 of this code.
When spare parts are used on aircraft to which they are assigned, they must immediately be replaced. The creditor must be informed of this use.
S. 46 - spare parts referred to in the preceding article are all parts that make aircraft, engines, propellers, radio devices, instruments, equipment, fittings, parts of these various elements and more generally all objects, of any kind whatsoever, preserved with a view to replacing the parts component aircraft, subject to their individualization.
S. 47 - appropriate, publicised by way of poster, shall duly inform the third party of the nature and scope of the interest which these parts are taxed and mention the registry where the mortgage is registered and the name and address of its holder.
An inventory indicating the nature and the number of such pieces must be annexed to the document.
S. 48 - the mortgage is, under penalty of nullity, recorded in writing. The Constitution may be authentic or private sous-seing. It shall mention each of the elements upon which the mortgage.
The Constitution may be in order, in this case, the back carries the mortgage right translation.
The reference in the deed of sale of an aircraft that all or part of the price is due to the seller, unless otherwise agreed by the parties, causes mortgage for the benefit of the seller as security for the amount remaining due provided that the seller requires the registration of this mortgage in the form laid down by Decree.
S. 49 - aircraft under construction cannot be mortgaged if it was previously declared to the service responsible for keeping of the register.
The declaration shall indicate the main features of the unit under construction. It is issued receipt.
S. 50. - in the event of loss or damage to an aircraft, the mortgagee shall, for the amount of its claim, substitute decision maker, unless otherwise agreed, to the insured in the right to the compensation payable by the insurer.
Before any payment, the insurer must seek a status of mortgage listings.
No payment is legal tender if it violation of the rights of the creditors listed on that State.
S. 51. - any mortgage on aircraft must be entered on the register or on the international registry as defined by the Cape Town Convention and the aircraft protocol on aircraft mobile equipment warranty. The mortgage product effect against third parties only as from its registration.
Any cancellation and modification of a mortgage by agreement of the parties or by judgment must be a mention to the same records.
S. 52 - if there are two or more mortgages on the same aircraft, their rank is determined by the order of registration dates.
Mortgages registered on the same day come in competition, notwithstanding the difference in the hours of registration.
S. 53. - registration keeps the mortgage for ten (10) years from the date of its entry in the registers. Its effect ceases if registration has not been renewed before the expiry of this period.
S. 54 - the mortgage guarantees, the same rank as capital, three (03) years of interest in addition to the current year.
S. 55. - mortgage entries are removed on the basis of an Act establishing the agreement of the parties or pursuant to a judgment has become final.
S. 56 - mortgage on aircraft creditors exercise their right immediately in a few hands that they pass to be collocated and paid following the order of their registration and after creditors privileged, without prejudice to the provisions of articles 57 and 60 of the present code.
Paragraph 2. -Privileges s. 57.-are only preferred on aircraft in preference to mortgages, the following claims: 1 °) legal costs incurred in towards the sale of the aircraft and the distribution of its price in 1' common interest of the creditors.
2 °) the remuneration due for rescue of the aircraft;
3 °) necessary expenses incurred for its preservation;
4 °) claims arising from the contract of employment of the members of the flight crew and others cmpfoyees to the service edge but in what concerns the wages for a period of six months or less;
5 °) fees payable for use of devices and AIDS to air navigation and landing.
S. 58 - the privileges referred to in the preceding article are on the aircraft or on the insurance indemnity provided for in article 51 of this code. Privileges following the aircraft in a few hands that i1 passes.
Such privileges go out three months after the event that gave them birth, unless, before the creditor did register his credentials at the registers, having amicably recognize its amount, or otherwise introduced an action thereon.
Addition, the privileges go out, regardless of the normal modes of extinction of privileges: 1 °) by judicial sale of the aircraft made in the manner prescribed by Decree;
2 °) in the event of voluntary assignment regularly entered in the register, not later than one month after publication of the assignment in a journal of legal notices of the domicile of the seller, unless, before the expiry of this period, the creditor has notified his claim to the purchaser, the domicile elected by him in publications.
S. 59. - claims referred to in article 57 of this code are preferred in the order of their audit article enumeration.
Claims of the same rank come in competition and marc franc insufficiency.
However, the claims referred to in article 57 of this code are paid in the reverse order of the events that gave them birth.
S. 60 - privileges other than those listed in article 57 supra take rank after mortgages whose registration is prior to the birth of such privileges.
However, in case of sale to Senegal for an aircraft collateral in a State party to the Convention on the international recognition of rights in aircraft, signed at Geneva on 19 June 1948, the rights provided for in article 1 of the Convention and on the aircraft cannot be exercised without prejudice to the rights of the victims of damage caused to the surface under article 7 of the Convention.
SECTION II. -SEIZURES of aircraft article 61 - judicial police officers, customs officers, the Civil Aviation Authority have the right to enter, as a precaution, any aircraft that does not meet the conditions laid down by this code to indulge to the ATC or the pilot has committed an offence within the meaning of the code.
Entry procedures are determined by Decree.
Paragraph 1. -Of arrest art. 62 - is considered as arrest, any act by which an aircraft is stopped, in a private interest or for reasons of public safety or following a court decision.
The arrest in a private interest is performed for the benefit of a creditor either the owner or the holder of a right affecting the aircraft.
Includes the arrest, the right of the Civil Aviation Authority to withhold an aircraft that does not meet the conditions for engaging in air traffic or that the driver has committed an offence within the meaning of the present code.
S. (63 - cannot be the subject of arrest: 1 °) aircraft assigned exclusively to a State service including military, customs or police, including post public service and any other services exemptions provided for by the laws and regulations;
2 °) actually put aircraft in service on a regular line of public transport and essential reserve aircraft;
3 °) any other aircraft assigned to the transport of persons or goods for remuneration when he is ready to leave for such transport, except in the case where it would be a debt for the trip he will make, a receivable arising during the voyage or a claim on the amounts owed by the owner at the rate of acquisition of aircraft or training or maintenance operation-related contracts , in these cases, the guarantee could prevent the seizure.
However, the provisions of this section do not apply to the seizure by the owner deprived of its aircraft by an unlawful act or in the event of non-payment of the fee of road as laid down in article 101 of the present code.
S. 64 - aircraft registered in a State not member of the Economic Union and monétaire ouest africaine, under conditions of reciprocity, are subject to the same exemption scheme provided for in the preceding article.
S. 65. - where the seizure is not prohibited or when, in case of seizure of the aircraft, the operator will not invoke, a sufficient bond prevents arrest and judge in urgent procedure should order immediate release.
The bond is sufficient if it covers the amount of the debt and costs and if it is assigned exclusively to the payment of the creditor or whether it covers the value of the aircraft if it is greater than the amount of the debt and costs.
S. 66 - if the arrest is irregular or if it is conducted without just cause, the seizing creditor is liable for the damage resulting to the operator or the owner.
Paragraph 2. -Entering sale art. 67. - the sale seizure is ordered by a court order. It translates the forced sale of the aircraft. A sequestration can be converted to capture sales according to the conditions laid down by the laws and regulations in force in Senegal.
S. 68 - where it is carried out the seizure of an aircraft registered in a State party to the convention on the international recognition of rights in aircraft, signed at Geneva on 19 June 1948, no forced sale cannot take place if rights better than those of the creditor cannot be extinguished by the selling price or if they are not supported by the recipient.
However, if a mortgaged aircraft causes damage to third parties on the surface in Senegal, the provisions of the preceding paragraph shall not apply to the victims or their privies striking the aircraft causes damage or any other aircraft with the same owner.
S. 69 - any registered creditor may require the auction of the aircraft by offering to bring the price to one tenth in addition and shall give a bond for the payment of the price and loads.
S. 70. - auction requisition must be signed by the creditor and served to the operator or the owner within a period of five (05) day from the date of referral to the judge, increased distance delays.
SourceOECD assignment before the competent regional court ordered that it be carried out auctions required.
S. 71 - the auction takes place at the instance of the creditor that has required it in the planned form by Decree.
S. (72 - money from the completion of the sale of the aircraft are distributed in the following order: 1 °) to preferred creditors provided for in article 57 of this code;
2 °) to the mortgagees;
3 °) to creditors privileged under article 59 of this code;
4 °) to unsecured creditors with an enforceable title when they intervened by way of seizure or opposition to the procedure of distribution.
TITLE II. -FROM CHAPTER 1 AIR TRAFFIC. -S. air traffic law 73 - air traffic means all aircraft in flight and aircraft operating on the aerodrome manoeuvring area.
The aircraft of foreign nationality in accordance with the Community texts cannot travel over Senegalese territory only if this right is granted by an International Convention or are they reçoi-wind, for this purpose, a permission which must be special and the duration shall not exceed twelve (12) months.
S. 74 - the use of aircraft on manoeuvring of aerodromes and flight areas must be in accordance with the regulation of air traffic.
The regulation of air traffic as well as the functions and the role of civil air traffic services are fixed by Decree.
The regulation of air traffic is applied in the airspace under the control of the organism of air traffic services in the territory of the Republic of Senegal.
Apart from the above airspace, aircraft bearing the marks of Senegalese nationality must comply with the rules laid down by the State or an international organization which has authority over the airspace concerned.
S. 75 - the right for an aircraft to fly over the private properties can only be exercised in conditions as it would impede the exercise of the right of the owner.
S. 76 - overview of some areas, or in exceptional circumstances, of the whole of the Senegalese territory, may be prohibited by decree for reasons of military and public safety.
The location and extent of zones of overflight must be specifically indicated in the Decree.
Any aircraft in contravention of the provisions of paragraphs 1 and 2 of this article shall, at the first summons, landing in the conditions laid down in the Decree.
S. 77 - aircraft must not be operated in a reckless or negligent manner would result in a risk to the safety of persons or property on the surface.
Aerobatics and acrobatics air for civil aircraft must be performed in accordance with the regulations set by order of the Minister responsible for Civil Aviation.
S. 78 - developments in aircraft making up public performances may only take place with permission given by the Governor of the region after the opinion of the Civil Aviation Authority.
If the event consists of a journey with several successive landings in different administrative regions, permission is granted by the Minister of the Interior after consultation with the Minister responsible for Civil Aviation.
CHAPTER 2. THE right of landing art. 79 - except in cases of force majeure and as provided in the following paragraph, aircraft cannot land and start only on regularly established aerodromes.
A decree issued on the joint report of the Minister of Civil Aviation and the Ministry of the Interior establishes the conditions in which a certain type aircraft can land where take-off other than an aerodrome, with the agreement of the physical or legal person who has the enjoyment of the land or of the used water.
This agreement is however not necessary when it comes to assistance operations or rescue for which recourse is had to aircraft.
S. 80. - landing or landing on private property, the natural or legal person the enjoyment of the land or water cannot oppose the departure or removal of the aircraft whose arrest is not ordered unless a criminal procedure has been diligcntee.
S. 81 - aircraft performing an international golf course must arise at customs airports.
Aircraft must follow the road which is imposed for crossing the border or the limit of territorial waters.
However, certain categories of aircraft in may, due to the nature of their operations, be exempted of administrative authorization issued on request to the Minister responsible for Civil Aviation following a favourable opinion of the Minister of finance, to land at the customs airports.
The authorization shall lay down in these cases, the aerodrome of arrival and departure and possibly the route and the signals to be given to the passage of the border or the limit of territorial waters.
CHAPTER 3. -OF THE POLICE AIR TRAFFIC AND THE SAFETY OF NAVIGATION AIR SECTION 1. -FROM the air article traffic POLICE 82 - any person part of the staff responsible for the conduct of an aircraft must be holder of a patent and licensing of fitness in valid, issued under the conditions laid down by Decree.
S. 83 - an aircraft cannot perform flight if it is provided with a certificate of airworthiness valid after a visit of the device under the conditions determined by Decree.
The airworthiness certificate is a document certifying that the aircraft is fit to perform air navigation.
Decrees in addition, determine the brands that should be listed on the aircraft, operational rules and the technical conditions of use of aircraft, for the issuance and maintenance of validity of airworthiness documents.
S. 84 - depending on the type of aircraft ' and the nature of the flight, the following documents must be carried on board: 1. the certificate of registration;
2. the certificate of airworthiness;
3. the certificate of limitation of nuisance;
4. the licences or certificates of crew;
5. the roadmap;
6. the material record;
7. the flight manual;
8 operating manual;
9. the aircraft station licence;
10. the passenger manifests;
11. the cargo manifest;
12. the certificate of insurance.
S. 85. - the costs of checks required by the regulations for the issue or continuation of the certificate of airworthiness of aircraft are the responsibility of the owners or operators under the conditions laid down by Decree.
S. 86 - except special authorisation, no transport aircraft, explosives, weapons, munitions of war, homing pigeons. match objects included in the postal monopoly and any other hazardous material. The violation of the provisions of this section is punishable by a term of imprisonment of two to five years and a fine of 200,000 francs or one of these two penalties.
Transport of hazardous materials, microbial cultures and small animals infected or dangerous conditions are fixed by Decree.
S. 87 - use from an aircraft of apparatus for recording images, is subject to the prior authorization of the Minister of the Interior, the Minister of the Armed Forces and the Minister responsible for Communication.
S. 88 - no radiotelegraphy or radiotelephony apparatus designed to ensure aeronautical mobile communications may not be installed or used on board an aircraft without permission. It is same for navigation or electromagnetic detection equipment.
Aircraft assigned to a public transport service and those assigned to the private air services designated by order of the Minister responsible for Civil Aviation shall be equipped with of radiocommunication apparatus necessary for the safety of flights in the conditions which are determined by Decree.
S. 89 - all aircraft landing at an aerodrome or on private property is subject to control and monitoring by the administrative authorities of the location of the aerodrome or private property.
S. 90 - all civilian foreign aircraft within the meaning of Community law which, Untitled, flies over 1st Senegalese territory or which there are reasonable grounds to conclude that it is used in the airspace Senegalese for a purpose incompatible with the purposes of the convention on international civil aviation signed at Chicago on December 07, 1944, is required to follow any order to land and all other instructions of the military and civilian authorities to put an end to these violations.
Any civil aircraft registered in Senegal, or used by a licensee who has the headquarters of his operation or permanent residence in Senegal shall: 1 °) to be used for purposes consistent with the aims of the convention on International Civil Aviation signed at Chicago on December 07, 1944;
2 °) in all circumstances, including in the event of interception, to comply with the orders and instructions of the military and civilian authorities of the State in which it is located, if they do not endanger the lives of persons on board and the safety of such aircraft.
S. 91 - airworthiness certificates and licenses issued or validated by the State in which the aircraft has 1 a nationality are recognized valid for traffic over the Senegalese territory if their licensing conditions at least equivalent to the minimum standards established pursuant to the convention on international civil aviation signed at Chicago on December 07, 1944.
SECTION II. -BY s. air NAVIGATION security 92 - the safety of air navigation in Senegalese airspace and in the airspace entrusted to him is ensured by the State.
However, the State may grant the exploitation and management of the security services of air navigation to specialized organizations.
In this case the dealer is subject to the control and supervision of the authority of the Civil Aviation in accordance with the provisions of this code.
S. 93 - in the exercise of its prerogatives and in carrying out the tasks conferred on it by this Act, the Civil Aviation Authority is required to pay special attention to the imperatives of national defence, commercial and general aviation and respect for the rights of the public, art. (94 - Civil Aviation Authority has the power and the duty to work for flight safety of aircraft operating in the general air traffic by enacting whenever necessary: 1 °) of the principles and regulations at least implementing all standards contained in the annexes to the convention on international civil aviation signed at Chicago on December 07, 1944;
2 °) all other principles, regulations and minimum standards governing other practices, methods and procedures, as it may deem necessary including those planned in implementation of the conventions and agreements ratified by Senegal.
S. 95 - in the prescription of the standards, principles and regulations and the issuance of certificates under this code, the Civil Aviation Authority takes into account the obligation of air carriers to perform their services with security assurances in respect of the general interest and in accordance with the regulations in force.
S. 96 - the State has an obligation to ensure the management of the aeronautical radio frequencies spectrum and implement communications, navigation and surveillance services which contribute to the safety of air navigation in accordance with national and international radio regulations.
Regulation, operate, the composition, the purpose of aeronautical telecommunications and control of the stations are determined by Decree.
S. 97 - aeronautical in Senegal and in the air spaces which are entrusted, the meteorological assistance to air navigation, the provision of information and mapping are provided by the State.
However, the State can grant these activities to specialized organizations in which case dealers are subject to the control and supervision of the authority of the Civil Aviation in accordance with the provisions of this code.
S. 98 - units of measure to use in the operation in flight and on the ground in Senegal and in the spaces which are entrusted are defined by Decree.
S. 99 - the bodies responsible for the operation and the management of air navigation services facilities, in Senegal are obliged to the subscription of an insurance policy "air navigation".
Any aircraft operator is required to obtain an insurance policy covering his civil liability in case of accident or damage respect of passengers, crew, baggage, cargo, mail and third parties on the surface in accordance with the provisions of the international conventions.
S. 100 - the Civil Aviation Authority has the power to enact and revise minimum safety standards for the operation of air navigation and aeronautical meteorology facilities located in Senegal.
CHAPTER 4. -REDEVANCESDE road s. 101 - the use of facilities and services implemented over Senegalese territory and in its vicinity, for air in road traffic safety and speed of its manoeuvres, including radiocommunication and meteorology, gives rise to a compensation in the form of a fee for services rendered, known as road royalty.
The fee is due for each flight by the aircraft operator or, if it is unknown, by the owner of the aircraft.
The rates and terms of recovery of the road fee are fixed by Decree on joint report of the Minister of Civil Aviation and the Minister responsible for finance.
The Decree may provide also the modes of calculation based on averages, optionally weighted for certain categories of flight or for a similar aircraft operated by the same company. Exemptions or reductions may be granted by the authority or body responsible for the liquidation and recovery of the road fee.
S. 102 - in the event of non-payment of the fee of road by the aircraft operator or its owner, the authority or body responsible for its liquidation and its recovery is allowed, as soon as an aircraft operated by the operator or the defaulting owner lands on the territory of Senegal, to require the authority responsible for air traffic and the gendarmerie brigade territorially competent that the aircraft be retained up to consignment of the sum of the amounts in dispute.
TITLE III. -OF LIABILITY RESULTING FROM THE OPERATION OF THE AIRCRAFT IN CHAPTER 1. -OF civil liability art. 103 - pilots are required during air traffic, to comply with regulations relating to air traffic police as well as the air and take all necessary precautions to avoid damage.
S. 104 - for damage caused by an aircraft in evolution to another aircraft in evolution, the responsibility of the driver and operator of the appliance is set in accordance with the code of civil and commercial obligations or international texts ratified by Senegal.
S. 105 - the operator of an aircraft is responsible for full right of damage caused to third parties located in the surface, by the evolution of the aircraft or by persons or objects falling in.
This responsibility can be mitigated only by the evidence of the fault of the victim.
S. 106 - unless special authorization, it is forbidden to throw aircraft in development, except in the cases of force majeure, goods or thing whatsoever except regulatory ballast.
If jet as a result of force majeure, or specially authorized jet ballast jet causing injury to persons and property located at the surface, the responsibility is set in accordance with the provisions of article 105 of the present code.
S. 107 - in the case of rental of the aircraft, the owner and the operator are jointly and severally liable for damages caused to third parties.
However, if the lease is registered at the register, the owner is responsible only if the third party establishes a fault of his own.
S. 108 - the liability action shall be the choice of the applicant before the Court of the place where the damage is caused or the Court of the domicile of the defendant.
If there is a damage caused to a traffic instrument, the competent court is that of the place where the victim was forced to land after the damage.
S. 109 - the State is implementing a research and rescue service to assist aircraft in distress on the national territory.
In portions of airspace located offshore or land spaces entrusted to the State of Senegal, the search and rescue service is provided in accordance with the provisions of regional agreements or in collaboration with the States concerned.
The State may permit the owners of the aircraft or authorities of the State registration of the aircraft to take assistance measures necessitated by the circumstances.
In addition, the provisions of the Code of the Merchant Navy on maritime assistance and rescue are applicable to aircraft in danger at sea and the pilots of aircraft that may provide assistance to persons in danger.
CHAPTER 2. -TO LIABILITY CRIMINAL SECTION 1. -OFFENCES and penalties to paragraph 1. -Inf' responses relating to the conduct and the safety of the aircraft article 110. – without prejudice to other sanctions, including disciplinary, is punishable by the penalties provided for in article 307 of the penal Code, any captain who contravenes the requirements of the second paragraph of article 90 of this code.
S. (111 - is punishable of a term of imprisonment of five years and a fine of 2,500,000 francs or one of those penalties only. without prejudice, where appropriate, of the application of the provisions of sections 406, 407,408 or 409 of the penal Code, any person who: 1 °) unlawfully and by force or threat of violence, seized an aircraft or control has performed or attempted to commit any of these acts;
2 °) has accomplished or attempted to perform an act of violence against a person on board an aircraft in flight if that Act is likely to endanger the safety of such aircraft;
3 °) has destroyed or attempting to destroy an aircraft or caused or attempted to cause such aircraft from damage making it incapable of flight or which is likely to endanger its safety in flight;
4 °) has placed or placed or attempted to place or cause to be placed on an aircraft, by any means whatsoever, a device or the proper substances destroy the aircraft or to cause him damage that make it incapable of flight or which is likely to jeopardize flight safety;
5 °) has destroyed or damaged or attempted to destroy or damage to facilities or of air navigation services or in disturbed the operation if one of these acts is likely to endanger the safety of aircraft in flight;
6 °) a release or tcnte to communicate information which he knows to be false and, as such, has compromised the safety of an aircraft in flight.
Where it is clear from these facts of the injury or disease, the penalty is imprisonment of ten to twenty years.
If this results in the death of one or more persons, the penalty is life imprisonment, without prejudice if there is place, from the application of the provisions of the penal Code punishing violations voluntary life.
The co-authors and accomplices of the planned facts in this article shall be punished by the same penalties as the main perpetrators.
S. 112 - is punishable by the penalties provided for in article 406 of the penal code, one who has destroyed or attempted to destroy, hijacked or attempted to divert an aircraft or spares a regularly registered mortgage.
Is punishable by the same penalties provided for in article 110 of this code anyone use of fraudulent manoeuvres intended to deprive the creditor of its guarantee.
S. (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 those penalties only, anyone: 1 °) placed or left in service an aircraft that has not obtained a registration certificate, certificate of airworthiness or exceptional passes;
2 °) placed or left in service an aircraft without the identification mark provided for in article 34 of this code;
3 °) made or left flow aircraft certificate of airworthiness or the pass exceptional has ceased to be valid;
4 °) made or left to circulate an aircraft in conditions other than those determined by the certificate of airworthiness and related documents or the exceptional pass;
5 °) fact or let circulate an aircraft in a manner contrary to the provisions of articles 82 and 103 of this code;
6 °) contravened the provisions of this code.
S. (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: 1 °) led or participated in the conduct of an aircraft without the titles required by the regulations in force and in condition of validity;
2 °) destroys or removes a log book or document edge imposed by aviation regulations or focused on this book or one of the documents, incorrect;
3 °) contravened the provisions of article 78 of this code;
4 °) leads an aircraft or participated in his driving under the influence of alcohol, narcotic or drug.
S. 115 - the penalties provided for in article 111 of this code are brought to double if the offences specified in paragraphs 1 °, 3 °, 4 °, article 113 have been committed after the refusal or withdrawal of the registration certificate, the certificate of airworthiness or of the exceptional, the required of members of the crew tracks pass by the regulations in force.
S. (116 - is only punished imprisonment of one month to two months and a fine of 60,000 to 1,000,000 francs or one of these penalties: 1 °) anyone on board an aircraft in flight without being able to justify its presence by a regular ticket or by the consent of the operator or the captain.
2 °) every person who fails or refuses to comply with the instructions of the captain for the safety of the aircraft or of persons carried;
3 °) whoever makes use on board objects or devices which transportation is prohibited;
4 °) anyone who, without special authorization, made use of apparatus for recording of images above zones.
S. 117 - the driver that does not comply with the requirements of article 75 of this code shall be punished by imprisonment for three months to six months and a fine of 300,000 to 6,000,000 francs.
S. 118 - person affix, or cause affixed to an aircraft registration marks consistent with those of the registration certificate or who removes or makes delete, makes or made illegible exactly affixed trademarks, is punished by imprisonment of one year to three years and a fine of 600,000 to 12,000,000 of francs. Are punishable by the same penalties those who affix or are affixed to a private aircraft markings reserved for public aircraft or who use or operate a private aircraft bearing those marks.
S. 119 - anyone having been sentenced for one of the offences provided for in the preceding articles commits another offence punishable under this code or the same offence within a period of five years after the expiry of the term of imprisonment or payment of the fine or the prescription of these two penalties, was sentenced to the maximum of the penalties.
S. (120 - shall be punished by imprisonment of one month to two months and a fine of 60,000 to 300,000 francs, depending on the circumstances: 1 °) the captain of who is not held or conveyed one of the documents provided for in article 83 of the present code, as well as members of the crew specially responsible for this outfit;
2 °) the owner or the lessee entered in the register who failed to keep one of the documents on board for three years from the last entry;
3 °) anyone who contravenes article 76 of this code.
4 °) anyone who contravenes the regulations relating to the technical conditions of use of aircraft, taken in application of article 82 of this code.
In case of recidivism within five years after the conviction, the penalty is increased to the double.
S. 121 - shall be punished by a fine of 150,000 to 1,000,000 francs anyone who contravenes section 77 of this code.
Art 122. -Prohibitions of conduct or participation in the conduct of an aircraft may be imposed by the judgment or the judgment for a period of three months to three years, however the crew member sentenced under articles 114, 116 and 117 of the present code.
If the crew member is sentenced again for one of these same crimes within the time limit laid down in article 119 of the present code, the prohibition to conduct or to participate in the conduct of an aircraft is pronounced and its duration is up and can be elevated up to the double. Patents, licences and certificates which are carrying offenders remain deposited during the duration of the ban, at the registry of the Court which issued the prohibition.
Convicts must make the deposits of these patents, licences and certificates either at this registry or to their homes in the five days following the date on which the conviction became final, failing which they are punished to imprisonment of one to two months and a fine of 30,000 to 6,000,000 francs without prejudice to the penalties brought to article 113 in case they lead or participate in the conduct of an aircraft during the period of the ban, and without confusion of sentences.
S. 123 - in accordance with article 105 of this code, any jet unauthorized objects on board an aircraft in development is punished with imprisonment of three to six months of imprisonment and a fine of 300,000 to 1,800,000 francs even if these jets have caused no damage, and without prejudice to the more severe penalties which may be incurred in the case of other offences.
S. 124 - closest with whom he can communicate and attempt to escape from criminal and civil liability that he may have incurred, every commanding officer of an aircraft who, knowing that it comes to cause or cause an accident on the surface, has not notified without delay the airport authorities is punishable by penalties for hit and run.
Paragraph 2. -Offences relating to customs laws art. 125. - the provisions of the criminal law on mitigation and aggravation of penalties are applicable to all offences provided for in this code, with the exception of offences under customs laws.
S. 126 - all provisions of law relating to the Suppression of offences against the customs legislation are applicable to goods imported or exported by aircraft under a customs procedure any.
All unloading and freight jets allowed, other than those essential to the salvation of the aircraft, are punishable by the penalties provided by the customs rules on smuggling.
In the event of infringement, the aeronefne can be, security for the payment of the fine incurred, to arrest whose release is ordered, if it is provided a deposit or paid a deposit up to a maximum of the said fine.
S. 127 - for goods exported in discharge of accounts of temporary admission or warehouse and subject to internal taxes, spammers justify their passage abroad by the production, within the deadlines, of a valid certificate of customs of destination from the payment of four times the value of the goods.
Subsection 3. -Acts of indiscipline and offences committed by passengers s. (128 - is punishable by the penalties provided for in article 111 of the present code any person who performs one any acts following a civil aircraft: 1 °) assault, intimidation or threat, physical or verbal, against a crew member, if such an Act prevents it from fulfilling its functions or makes difficult the performance of its duties;
2 °) refusal to comply with a lawful direction given by Commander aircraft, or by a crew member on behalf of the Commander of aircraft, for the purpose of ensuring the safety of the aircraft, any person or any property on board, to maintain order and discipline on board;
3 °) acts of physical violence against a person or act of sexual aggression or assault of child;
4 °) smoking in the toilet or smoking elsewhere in a manner that can compromise the safety of the aircraft;
5 °) deterioration of a smoke detector or of any other safety device installed on the aircraft;
6 °) use of a portable electronic device, when this is prohibited.
S. (129 - is punishable in accordance with the provisions of article 110 of the present code any person who performs one any acts hereinafter on board a civil aircraft, if such an act could compromise the safety of the aircraft or any person on board or the order and discipline on board the aircraft: 1 °) assault, intimidation or threat physical or verbal, against another person;
2 °) damage or destruction deliberate property;
3 °) consumption of alcoholic beverages or substances leading to poisoning.
SECTION II. -FROM the PROCEDUREPARTICULIERE art. 130. - unless otherwise provided in the Economic Union and monetary West African concerning inter alia the fundamental principles governing the investigation of accidents and incidents of Civil Aviation, the above - below applies to the procedure of law enforcement civil aviation. They are supplemented by the provisions of the Code of criminal procedure.
Paragraph 1. -From prosecution Art. 131 - independent judicial police officers, are responsible for the finding of infringements of the provisions of the present book, inspectors of
Civil Aviation, military or naval officers and commissioned officers of civil or military authority to this effect, police officers, gendarmes and customs officers.
S. 132 - the public prosecutor, the investigating judge, judicial police officers, Civil Aviation, military and marine inspectors and agents of the civil or military authority commissioned to this end, police officers, gendarmes and customs officers can seize explosives, weapons and munitions of war, pigeons and postal correspondence , and the radiotelegraph apparatus and radio telephone located on board without special authorisation under articles 87 and 88 of the present code.
The same authorities may seize the pigeons that are permitted to carry, as well as appliances intended for the recording of images and clichés where these aircraft fly over zones aircraft.
The confiscation of objects and regularly seized devices is pronounced by the Court.
S. 133 - the aircraft whose certificate of airworthiness and registration certificate can be produced, or whose registration marks do not match those of the registration certificate, can be retained, the responsibility of the owner or, in case of leasing of aircraft registered in the register, the responsibility of the tenant, by the authorities responsible for the enforcement of this code until the identity of the owner is established.
S. 134 - the minutes noting violations of this code are transmitted without delay to the Prosecutor of the Republic.
CHAPTER 3. -JUDGMENT art. 135 - the legal relationship between the persons who are on board an aircraft in circulation are governed by the law of the flag of the aircraft.
However, the Senegalese courts are competent for the purposes of: 1 °) of crimes and offences committed on board a foreign aircraft including the perpetrator or the victim is of Senegalese nationality;
2 °) of offences or attempted offences as defined in article 1 of the convention for the Suppression of unlawful acts against Civil Aviation, signed at Beijing on 10 September 2010, if such offences are committed on the territory of Senegal or Senegalese aircraft;
3 °) of offences or attempted offences defined by the provisions of the convention for the Suppression of unlawful acts directed against International Civil Aviation adopted in Beijing on September 10, 2010 and of offences or attempted offences defined by the provisions of the additional protocol to the convention for the Suppression of the illicit aircraft adopted in Beijing on September 10, 2010 capture if the aircraft on board which the attempts of offence or offences are committed lands in Senegal with the author assumed If such offences or attempted offences are committed against or on board an aircraft leased without crew to a person who has the headquarters of its operations or, Alternatively, his permanent residence in Senegal;
4 °) of offences or attempted offences defined by the provisions of the convention for the Suppression of unlawful acts directed against International Civil Aviation and the Protocol of the convention for the Suppression of illegal aircraft capture, adopted in Beijing on September 10, 2010 where the alleged perpetrator of one of these offences or attempted offence is located on the territory of Senegal or Senegal not to extradite not in accordance with international rules on the subject. The competent courts are the place of the offence, the residence of the alleged perpetrator of the offence, the place of his arrest, that of the place of landing of the aircraft, or failing, Dakar.
Accident aboard a Senegalese aircraft, aircraft commander may take all measures that it deems necessary for the good order.
For the purposes of the provisions of this section, an aircraft is considered to be in circulation since the time, boarding is completed, all its external doors have been closed until the moment where one of its doors opened to the landing.
S. (136 - the Senegalese courts are competent to deal with any offence referred to in sections 128 and 129 of this code if the offence has been committed: 1 °) on board any civil aircraft registered in Senegal;
2 °) on civilian aircraft rented with or without crew to an operator who has his principal place of business in Senegal or that, if there is no dc principal establishment, has his permanent residence in Senegal;
3 °) on civil aircraft within the Senegalese territory or flying over the territory;
4 °) aboard any other civil aircraft in flight outside the territory of Senegal if the next place of landing of the aircraft is located in Senegal and the aircraft commander handed over the alleged perpetrator of the offence to the authorities competent Senegalese, asked those authorities to prosecute the alleged perpetrator of the offence and said that no similar application is or will be made by himself or by the operator in any other State.
Pursuant to this section, the aircraft is considered to be "in flight" from the moment where the driving force is used for take-off until the end of the bearing to the landing.
BOOK III. TITLE 1 AIRFIELDS. -AERODROMES CHAPTER 1 SYSTEM. -THE CREATION, certification and commissioning Art 137. -Is considered aerodrome, any surface on land or on water, including any buildings, installations and equipment, intended to be used, in whole or in part, for the arrival, departure and the evolutions of the aircraft to the surface.
S. 138 - East said 'open to public air traffic', the aerodrome with aircraft having the appropriate technical characteristics, are allowed to use, without prejudice to the provisions of article 140 of the present code.
S. 139 - a Decree lays down the conditions of creation, establishment and use of open aerodromes or not to the public air traffic.
S. 140 - the opening and closing of an aerodrome to the public air traffic are pronounced after technical investigation, by order in Council on the report of the Minister responsible for civil aviation.
S. 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 the air traffic on the aerodrome or in the airspace surrounding or if justified by reasons of public order.
Those decisions subject to notice to Airmen.
In addition, where several aerodromes opened to the public air traffic serve the same region, the Minister responsible for Civil Aviation may regulate their use in the general interest and in particular, specially book each of them to certain types of devices or certain types of aviation activities or commercial operations.
S. 142 - the Civil Aviation authority certifies the Senegal aerodromes used for international flights and homologous airstrips.
Certification of aerodromes and runways approval requirements are fixed by Decree.
The 1' Civil Aviation Authority has the power to suspend, withdraw or cancel the certificate of aerodrome every operator of aerodrome in accordance with the regulations.
The Civil Aviation Authority may grant certain exemptions to the operation of aerodromes.
The Civil Aviation Authority may impose restrictions in the operation of aerodromes of Senegal.
All aerodromes are subjected to the technical and administrative control of the Civil Aviation Authority.
S. 143 - aerodromes for the public air traffic can be created by the State, local authorities and public institutions, as well as by certain natural or legal persons of private law meets the conditions laid down by Decree.
The creation of an aerodrome for public air traffic by an individual gives rise to the signing of an agreement with the Minister responsible for Civil Aviation.
S. 144 - for reasons of national defence, a decree may prescribe that the State is replaced temporarily or permanently to the operator of an aerodrome.
S. 145. - without prejudice to special rules laid down by Decree, the provisions of this chapter are applicable to specific aerodromes, heliports and seaplane bases.
CHAPTER 2. -OF the article CLASSIFICATION 146 - aerodromes for the public air traffic are subject to a classification based on the aircraft's reference.
This classification can be extended to aerodromes not intended for public air traffic when the conditions of use of these airfields warrant.
S. 147 - aerodromes classification criteria are determined by Decree.
CHAPTER 3. -CONDITIONS OF EXPLOITATION AND MANAGEMENT OF AERODROMES SECTION 1. -General art. 148 - the State may entrust the operation and management of aerodromes within its portfolio to specialised bodies.
Operating and management arrangements referred to in the preceding paragraph are fixed by Decree.
S. 149 - aerodromes managers are obliged to the underwriting of a policy of "liability" and "all risks" insurance.
SECTION II. -ROYALTIES article (150 - on any aerodrome open to public air traffic services rendered to users and the public give rise to compensation, in the form of fees levied for the benefit of the person who provides the service, particularly on the occasion of the following operations: 1 °) landing and takeoff of aircraft.
2 °) use of the air navigation support devices.
3 °) use of aeronautical telecommunications networks;
4 °) parking and shelter of the aircraft;
5 °) use of facilities for the reception of passengers and goods;
6 °) use of facilities and equipment;
7 °) occupation of land and buildings;
8 °) visit all or part of the reserved areas of the airfield.
S. 151 - to ensure the development of airport infrastructure, shall be levied on any public air transport enterprise a so-called fee for development of airport infrastructure (RDIA).
She is sitting on the number of passengers by the undertaking to the aerodrome regardless of pricing conditions granted by the carrier.
It is included in the price of the fare.
The rate, the terms of recovery, collection, use and management of the development of the airport infrastructure fee are fixed by Decree on joint report of the Minister of finance and the Minister responsible for Civil Aviation.
S. 152 - decrees on the joint report by the Minister responsible for Civil Aviation and the Minister in charge of finance fixing the rates of the fees provided for in articles 150 ct 151 precedents the authority or body responsible for dc their liquidation and their recovery and the modalities of their perception.
The decrees may also provide for exemptions and reductions, occasional or permanent and, whenever necessary, in respect for the principle of equality and reciprocity.
S. 153 - the fees provided for in articles 150 and 151 previous are due by the sole fact of the use of the works. facilities, buildings and tools that they pay, and must be appropriate to the services rendered.
In the event of non-payment of fees payable by the operator of the aircraft, the aerodrome operator is admitted to require the responsible authority on the aerodrome air traffic and the territorially competent Gendarmerie brigade that the aircraft be retained up to consignment of sums in litigation.
TITLE II. -AERONAUTICAL EASEMENTS AND THE PROTECTION OF THE OPERATION AND THE ENVIRONMENT CHAPTER 1. -EASEMENTS AERONAUTICAL art. 154 - to ensure the safety of the movement of the aircraft, the so-called special easements "aeronautical easements" are established.
These easements include: 1 °) of aeronautical easements of clearance with the prohibition or the obligation to remove the obstacles that may constitute a danger to the circulation air or harmful to the functioning of the safety devices established in the interest of the air navigatior;
2 °) of the aeronautical easements for protection against electromagnetic disturbances involving the prohibition of produce or propagate disturbances in the range of radio waves received by the aeronautical telecommunications centres and the prohibition to service in such centres of the electrical equipment which might disturb radio reception.
3 °) aeronautical easements of markup with the obligation to provide certain obstacles as well as some locations of Visual or radio devices intended to signal their presence to Airmen or identification purposes or to support the installation of these devices.
S. (155. - the provisions of this chapter shall apply: 1 °) at aerodromes for the public air traffic created by the State;
2 °) under the conditions laid down by Decree, at aerodromes not intended for the public air traffic and created by individuals or other entities that the State as well as airfields in foreign territory for which the clearance zones must be established on the territory of Senegal;
3 °) facilities to aid in air navigation, aeronautical telecommunications and installations of weather affecting the safety of air navigation, without prejudice to the application of the provisions relating to established rights-of-way in the interest of the radio transmissions.
4 °) in some locations corresponding to points, preferential passage for air navigation.
S. 156 - servitudes article 154 of this code shall ensure the navigational safety conditions at least equivalent to those resulting in the technical regulations.
To ensure the security conditions laid down in the preceding paragraph, it is established for each aerodrome and installation referred to in article 155 of the present code a disengagement plan on terms laid down by Decree.
S. 157 - the Minister responsible for civil aviation or for aerodromes or routes which relate to it, the Minister in charge of the Armed Forces, may prescribe the markup day or night of all the obstacles which it considers dangerous for air navigation.
Similarly, he may prescribe the establishment of arrangements, Visual or radio, of AIDS to air navigation.
He may also prescribe the deletion or modification of any device other than a device of maritime buoyage liable to cause confusion with the Visual AIDS to air navigation, Visual.
S. 158 - costs resulting from implementation of the easements aeronautical clearance, the installation, operation and maintenance of aeronautical markup services are the responsibility of the State, natural or legal persons, or specific agencies by Decree on the report joint of the Minister responsible for Civil Aviation, of the Minister in charge of the Armed Forces and the Minister in charge of finance.
S. 159. - for the realization of markup referred to in article 157 of this code has administration rights to support passage, felling trees and limbing right of installation of devices on the exterior walls and roof.
The rights referred to in section ci - top may be exercised by physical or legal persons, or possibly agencies markup.
S. 160. - outside areas encumbered easements clearance in accordance with the provisions of this title, the establishment of certain facilities which, because of their height, could constitute obstacles to air navigation, is subject to special authorization by the Minister responsible for Civil Aviation, or in relation to, the Minister of the Armed Forces after the opinion of the Minister in charge dc Civil Aviation. Decisions of the Minister of Civil Aviation and, as appropriate, the Minister in charge of the Armed Forces determine installations subject to authorisation.
When the plants in question constitute obstacles to air navigation, removal or alteration may be ordered by Decree on the report of the Minister responsible for civil aviation or the Minister in charge of the Armed Forces.
S. 161 - when, for the needs of air traffic, the competent authority decides the extension or creation of airfields or facilities to ensure the safety of air navigation, the necessary land, if they have not been reserved for this purpose, including by approved urban plans, can be declared reserved by decree after public inquiry in the manner prescribed by the applicable expropriation provisions.
S. 162 - the occupation of the airport area is subject to prior authorisation of the Civil Aviation Authority. Without authorization, the occupation and the transit through operational areas is 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 area is authorized by Decree. Violating these provisions may result in penalties provided for in article 164 of this code.
S. 164. - any person found in the reserved area of an airport without valid permission issued by the competent authorities, is punishable by imprisonment of one month to two years and a fine of 50,000 to 500,000 francs or one of the two penalties only.
CHAPTER 2. -FOR THE PROTECTION OF THE EXPLOITATION AND ENVIRONMENTAL SECTION 1. -General art. 165 - where required by the safety of the flights, the judicial police officers, assisted by judicial police officers, can, for domestic air transport, proceed with the visit of persons, baggage, cargo and mail.
For international air transport, judicial police officers, assisted by judicial police officers may, under the same conditions, proceed in conjunction with the customs services, to the visit of the baggage as well as those preparing to take place on board an aircraft.
S. 166 - removal of an aircraft that clutters, for any reason whatsoever, a track, a band, a traffic lane, area or their clearances must be carried out by the owner or operator of the aircraft on the order that he receives from airport authorities.
S. 167 - in cases where the owner or operator of the aircraft does not care to proceed with the removal operations, the Airport Authority may take notice all appropriate steps to clear the tracks, strips, taxiways or areas as well as their clearances to the go and risk of the owner and I'cxploitant of the aircraft.
The same provisions may be taken by the airport authority where the keeper of a vehicle, an object or animal constituting an obstacle does not care to conduct clearance operations; in this case, the kidnapping takes place at the cost and risk of the said guardian.
S. 168 - civil aviation operators are required to comply with the standards in force for the protection of the environment.
To this end, they are subject to the General obligation of maintenance of airfields including including the disposal or recycling of waste and pollution control.
S. (169 - the participation of local communities and riparian populations of aerodromes in the management of the environment is organized and encouraged, including through: 1 °) free access to the information on the protection of nature, without prejudice to the imperatives of national defence and the security of the State;
2 °) consultative mechanisms to collect the views and the input of local communities and populations;
3 °) awareness, training. research and education on environmental protection.
SECTION II. -PROVISIONS criminal art. 170. - anyone stayed, penetrates or carries a weapon without lawful authority in areas prohibited by regulations and instructions general public service aerodromes, or leaves any cattle or beasts of line, load, or mount, shall be punished by a term of imprisonment of six months to two years and a fine of 20 000 to 200 000 francs and can be In addition, deprived of any right to compensation in case of accident.
Investigation and finding of infringements procedures are those laid down in this code.
S. 171 - infringements of the provisions concerning aeronautical easements release and markup imposed in the interest of air traffic shall be punished by a fine of 250,000 at 7,500,000 francs.
In case of recidivism, infringements are punished by a fine of 500,000 to 15,000,000 of francs.
S. 172 - at the request of the public prosecutor acting at the request of the interested Minister, further tribunal specified by persons who contravene these provisions, under penalty of a fine of 5,000 to 50,000 francs per day of delay, time to remove or modify the stricken works of easements or to fill their markup.
In case this deadline is not observed, the penalty payment imposed short from the expiry of the time limit until the day where the situation is actually regulated.
If legalisation is not reached within one year of the expiry of the time limit, the tribunal may, at the request of the public prosecutor acting under the same conditions, meet one or more times the amount of the penalty payment, even beyond the above maximum.
The Court may allow the reversemcnt of a portion of the penalty when the situation has been rectified and that the debtor establishes that he was prevented by a circumstances beyond his will observe the time allowed him. Furthermore, if at the expiration of the time limit fixed by the judgment, the situation has not been rectified, the administration may enforce work office at the expense and risk of people responsible.
Periodic penalty payments shall be recovered by direct Accountants of the Treasury.
S. 173 - the provisions on the protection of the operation may be recorded in the minutes drawn up by the officers authorized for that purpose and sworn.
S. 174 - the minutes referred to in the preceding article are transmitted without delay to the public prosecutor for prosecution.
S. 175 - the violation of the provisions of article 170 of this code shall be punished in accordance with the provisions of the Code of the environment.
BOOK IV. STAFF of the title civil aviation l. - Chapter 1 General provisions. -TITLES AND MEDICINE AERONAUTICS SECTION 1. -PATENTS, LICENCES and QUALIFICATIONS art. 176 - securities designated by the name of "patent" punish a set of General theoretical and practical knowledge. They are issued after examination and are definitively acquired to their holders.
Securities designated by the name of "license" punish the ability and the right of patent holders, perform the corresponding functions subject to the qualifications set out in the following article. The licences are valid for a limited period, they are renewable by periodic audits of the various skills required.
The list of patents and licences, the conditions required for obtaining them, the plan, programs and examinations regulations y thereto, as well as the arrangements for exemption shall be fixed by Decree.
Can benefit from the exemption for the patenting of certain theoretical tests, owners of some Senegalese or foreign securities candidates for knowledge at least equal to those that are required for these events.
Practical tests will be mandatory.
S. 177 - any person part of the staff responsible for the conduct of an aircraft must be equipped with a patent, license and valid qualifications.
The exercise of the functions corresponding to the different licences is subject to the validity of the licences themselves and possession by holder, special professional qualifications, with regard to the aircraft, equipment or conditions considered flights.
The definition dcs special professional qualifications, licensing and renewal, programs and examinations regulations corresponding conditions are fixed by Decree.
S. 178 - the holder of a licence must be in possession of a logbook, the model is fixed by Decree and on which are listed the nature and the duration of flights, the steps and annotations or comments of the authority of the Civil Aviation or instructors and examiners.
The book must be communicated for oversight services and the competent authority on request including the issuance, renewal or validation of the licence or at the time of the issuance of qualifications.
S. 179 - the issuance of aeronautical qualifications and titles, as well as the provision of various printed materials and services by the Civil Aviation Authority give rise to the payment of royalties the modalities of establishment and recovery as well as the amount shall be determined by Decree on joint report of the Minister of finance and the Minister responsible for Civil Aviation.
SECTION II. -OF the Civil Aviation Medicine articles 180 - professional staff or private civil aviation which employment is subject to possession of a licence must prove his ability by the medical certificate of physical and mental fitness issued by a doctor at a medical centre approved by the Civil Aviation Authority.
S. 181 - the validity of a licence may not exceed corresponding to the certificate of physical and mental fitness.
S. 182 - the conditions for the approval of medical examiners and centres of medical expertise of the professional staff whose employment is subject to possession of a licence are fixed by Decree.
CHAPTER 2. -OF THE DISCIPLINE OF SECTION 1 CIVIL AVIATION STAFF. -THE disciplinary Arts Council 183 - a disciplinary board of civil aviation personnel is responsible to propose to the Director-general authority of Civil Aviation enforcement of sanctions foreseen articlc 185 of this code with respect to the staff members of the Civil Aviation Authority recognized guilty of breaches of this code, the subsequent texts and regulations made in this field.
S. 184 - the civil aviation staff disciplinary board is divided into three sections.
1 °) the section of professional crew members;
2 °) the section of non-professional crew members;
3 °) the section of other aeronautical personnel.
The Chairman of the disciplinary board is appointed by the Director-general authority of Civil Aviation which establishes the composition, rules of operation and jurisdiction of the Council.
S. (185 - disciplinary sanctions within the jurisdiction of the disciplinary board are: 1 °) warning;
2 °) the blame;
3 °) temporary withdrawal with or without suspension of one or more certificates or licences;
4 °) the definitive withdrawal of one or more certificates or licences;
5 °) from the register provided for in article 194 of the present code.
The delivery of one any sanctions above was accompanied by the payment of an aeronautical penalty which the rate fixed by decision of the Director-general of the Civil Aviation Authority must be proportional to the seriousness of the facts.
SECTION II. -OF THE PROCEDURE OF REFERRAL TO THE DISCIPLINARY BOARD
S. 186 - in cases of suspected serious about the responsibility of the captain's or of a member of the crew and pending the findings of the disciplinary board, the authority of I' Civil Aviation may suspend the person concerned of his duties for a period which, under no circumstances shall exceed two months. The person concerned, if he is a member of professional aircrew, benefits for the duration of the suspension of its minimum wage.
S. 187 - the person concerned may challenge one or more members of the Board of discipline for the same causes as those provided by the Code of Criminal Procedure for the disqualification of judges.
S. l88. -The captain is required to prepare a detailed report within 48 hours after any accident or incident which may have serious consequences occurring either on the ground, in flight, or any breach of the rules of air traffic.
S. 189 - when the commission of inquiry under article 274 of the present code finding professional misconduct, a duplicate of the folder is sent directly to the disciplinary board of the civil aviation personnel.
TITLE II. -AIRCREW PROFESSIONAL CHAPTER 1. -General art. (190 - the quality of civil aviation professional seafarer is attributed to persons exercising so usual and main, either on their own account or for the account of others, for profit or fee: 1 °) the command and control of aircraft;
2 °) services on the Board of the engines, machines and instruments necessary for the market and the navigation of the aircraft;
3 °) service aboard other equipment mounted on aircraft, and in particular consumer photographic and meteorological devices intended for agricultural work and appliances for the manoeuvre of parachutes;
4 °) complementary edge services, including air transport cabin aircrew.
S. 191 - people who do not have Senegalese nationality and are not nationals of one of the Member States of UEMOA may be permitted to work, temporarily, the activities reserved by the previous article to aircrew professional civil aeronautics.
The authorisation is subject, in each case, of a decision taken in the context of the laws and regulations relating to the control of stay and work by the Minister responsible for civil aviation.
CHAPTER 2. -CLASSIFICATION of AIRCREW professional SECTION l. - of the various CATEGORIES of AIRCREW professional art. (192 - professional civil aviation aircrew belongs to one or more of the following three categories: 1 °) tests and receptions;
2 °) air transport;
3 °) aerial work.
S. 193 - are considered within the meaning of this title.
1 °) as trials and receptions, all tests performed in flight, on land or in the water, under the direction or control of industrial or the representatives of the State, which have as their object the research of the characteristics and the development of aircraft, as well as all tests in flight;
2 °) as air transport, any air operation against remuneration in view or during the performance of the carriage of passengers, position of goods;
3 °) as aerial work, any paid air operation that uses an aircraft for purposes other than transport or testing and functions defined in the 1 ° and 2 ° of this article. It includes the air instruction, propaganda and demonstration flights, photography, parachuting, advertising and aerial farming operations.
SECTION II. -Register of registration art. 194 - the classification of professional civil aviation aircrew is established by Decree.
No one should be part of the professional aircrew civil aviation if it is registered in an aircraft registry.
However, staff of the complementary services of edge recruited for less than six months is not registered in the register.
S. (195 - to be initially registered on one of the registers, the candidate must meet the following conditions: 1 °) be Senegalese nationality or national of a State member of the Union economic et monétaire ouest africaine (UEMOA);
2 °) being the licensee of the patent as well as, as appropriate, permits valid corresponding to the relevant registry;
3 °) did incur no sentence of imprisonment or a more severe penalty, either for crime or offence against the honesty or good morals.
Are laid down by an order made on the report of the Minister of Civil Aviation: a. the rules applicable to the establishment and maintenance of these records;
b. the conditions under which registration changes, the refusal of registration, suspension, cancellation and re-enrollment can be pronounced, and c. the conditions in which the interested parties must justify their inclusion in the register.
S. 196 - in each particular case, exceptionally, the inscription on the regisires of the professional crew of civil aeronautics of persons not Senegalese nationality may be authorized by order of the Minister responsible for Civil Aviation.
SECTION III. -OF the art crew 197 - crew consists of all the people onboard the aircraft in flight service. It is placed under the command of a captain.
SECTION IV. -THE captain's art. 198 - the composition of the crew is determined according to the type of the aircraft, the characteristics and the duration of the trip to make 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.
Name the crew is listed before each flight in accordance with existing regulations.
S. 199 - the captain's duties are carried out by a pilot. The captain appears first on the list of the crew.
In case of death or incapacity of the captain, command of the aircraft is insured of right, place of landing, according to the order established by this list.
S. 200 - the captain 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 chose the route, the flight altitude and determines the distribution of the loading of the aircraft.
It can delay or suspend the start and during the flight, possibly destination change whenever it considers it indispensable to the safety and provided that make account by providing the reasons for its decision.
S. 201 - the captain has authority over all persons onboard. It has the right to disembark any person among the crew or passengers or any part of the loading which may present a danger to the security, safety or order the aircraft. In flight, it may, if it considers it necessary, dump all or part of the loading goods or fuels, provided that they report to the operator. He shall, if the choice is possible, throw for low value goods.
It provides the command of the aircraft for the duration of the mission.
S. 202 - the captain is consignee and the unit responsible for loading. In case of difficulty in the execution of its mandate, it should ask for instructions to the operator. If it is impossible to receive specific instructions, it has the right, without a special warrant: 1 °) to initiate the expenditure required for the accomplishment of the mission undertaken;
2 °) to enforce the necessary repairs to enable the aircraft to continue its mission within a period close;
3 °) make all arrangements and perform all expenses to ensure 1 has embedded security and backup of freight;
4 °) to hire additional staff for the completion of the mission and to fire him;
5 °) to borrow the necessary sums to allow the implementation of the measures referred to in the preceding paragraphs.
The resolution of the dispute is, where appropriate, the Court of competent jurisdiction in commercial matters.
CHAPTER 3. -CONDITIONS of work art. 203 - apart from the provisions of the labour code, the following provisions shall apply to professional aircrew members.
SECTION i. - of the contract of work article 204 - the commitment of a professional crew member give necessarily rise to the establishment of an employment contract written.
This contract specifies in particular: 1 °) the minimum monthly wage guaranteed;
2 °) termination indemnity which will be allocated, except in the case of fault heavy staff dismissed without the right to immediate annuity;
3 °) the conditions under which the contract is terminated in the event of illness, disability or death;
4 °) the place of final destination and the time from which the mission deemed accomplished if the contract is concluded for a mission determined;
5 °) the period of notice to be observed in the event of termination of the contract by any of the other parts. During the period of notice, the monthly flight asked Airmen time must remain equal to the average of one member of the crew of the enterprise in question asked during the same period.
The employer may, however, do not use the seafarer in time-notice period, but in this case he must pay, immediately and only once a
entitlement to the minimum period of notice on the basis of the overall average monthly salary in the last year of normal activity.
S. 205 - term work contract and the term occurs during a mission is extended until the completion of the mission.
The indefinite employment contract terminated during a mission ends at the end of the period of notice, which starts to run from the day of completion of the mission.
Any member of the aircrew landed on any grounds whatsoever in-mission is repatriated at the expense of the operator until instead of commitment.
S. 206 - the duration of the work of professional aircrew is fixed by Decree.
S. 207 - discontinuation of the mission decided by the captain for a safety reasons does not constitute a case of breach of contract of employment.
All costs resulting from this interruption are supported by the operator, including those specified in the preceding article.
S. 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 clearly the consequence of a common crime, the employment contract is extended right up to the end of internment, detention or captivity.
Unless otherwise agreed, the operator pays monthly to the beneficiaries or to the person designated by the Contracting Party, three-fifth of the average monthly total for the previous 12 months.
S. 209 - no civil aviation aircrew member is required to perform functions other than those that have been specified in his contract of employment, except in flight, on the orders of the captain.
However, when technical means are insufficient, the crew participates ashore in troubleshooting and restoration of aircraft operations.
S. 210 - in addition to the goods which, under the terms of the code of Civil Procedure or special laws. may not be the subject of seizure or updates pledge, may be neither seized nor pawned for any reason whatsoever the equipment, instruments and other objects belonging to the members of crew and personnel assigned to the exercise of their profession.
Owed to recipients for medical or pharmaceutical, costs of housing and subsistence and costs of repatriation instead of commitment costs are neither transferable nor seizable.
SECTION II. -DISEASES art. 211 - incapacity for work resulting from injury or illness not attributable to the service of a professional civil aviation aircrew member in the course of performance of the contract, the operator is required to provide up to the resumption of duties of navigating or pending decision of the doctor or, where appropriate, the date of the entry into enjoyment of retirement (: 1 °) monthly salary guaranteed during the month during which occurred the inability, and during the following three months.
2 °) half of this salary during three months of the first period.
CHAPTER 4. -PROVISIONS criminal art. 212 - is punishable by imprisonment of 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 those penalties only, any person exercising one of the jobs corresponding to patents, licences and qualifications of flight professional staff of the civil aviation in contravention of the provisions of this title.
Is punished by the same penalty, the head of any company which gives one of these jobs a person does not fulfil the conditions required by this title.
TITLE III. -AIRCREW NON PROFESSIONAL AND TRAINING AVIATION CHAPTER 1. AIRCREW non-professional art. 213 - the quality of non-professional seafarer of Aeronautics is attributed to the persons engaged on a casual basis in activities related to air navigation regardless of the reasons.
S. 214 - non professional aircrew must have the required tracks. For the issuance of these securities are fixed by Decree.
CHAPTER 2. -OF training aviation art. (215 - the Minister responsible for Civil Aviation is responsible for matters relating to: 1 °) propaganda and aeronautical training of youth;
2 °) training, training and development in the management of non-professional aircrew;
3 °) general aviation and flight without motor.
It is also competent to exercise the powers of guardianship over private organizations whose activity interest light and sporting aviation.
S. 216 - the flying clubs operation is subject to the prior approval of the Minister responsible for civil aviation in the conditions laid down by Decree.
S. 217 - the flying clubs must provide their various formations in accordance with 1 has regulations in force.
Book V of the MODES of operation of aircraft article 218 - air transport is to route aircraft, from one point to another, the passengers of goods and mail.
The conditions of execution of commercial and non-commercial air transport are laid down by Decree.
S. 219 - is regarded as aerial work, any activity of commercial aviation except air transport public and private services, using an aircraft and oriented in the fields such as agriculture, construction, photography, topography.
Any aerial work is subject to prior authorisation of the Civil Aviation Authority under the conditions laid down by Decree.
S. 220 - are considered private flights, providing air transportation services, or aerial work.
The conditions for the implementation of private flights are fixed by Decree.
TITLE i. - TRANSPORT undertakings chapter i. - carriers SENEGALESE art. 221 - no person shall exercise an activity of air transport, professional title and against compensation, if he only has been authorized by the Civil Aviation Authority under the conditions laid down by Decree.
S. 222 - the authorisation referred to in the preceding article concerning operating licences including issuance, validity, maintenance and withdrawal conditions must conform to the rules provided for in the framework of the Economic Union monétaire ouest africaine including regulations to the air carrier licence.
S. 223 - in accordance with the provisions of Regulation No 06/2002/CM/UEMOA on the approval of air carrier within the UEMOA, undertakings in respect of article 221 must submit, prior to the Minister responsible for Civil Aviation, an application for the approval of air carrier.
S. 224 - for the determination of tariffs, the air transport undertaking must comply with regulation of the Economic Union and monétaire ouest africaine developed for this purpose.
S. 225 - coordination between air transport and land or sea transport is ensured by the Ministers concerned, after consultation with the relevant advisory bodies.
S. 226 - air transport companies are subject to technical control the Civil Aviation Authority to ensure aviation safety.
The expenses incurred by this control are the responsibility of the air carriers.
S. 227 - the control of the State on air transport companies is exercised, in relation to the application of the provisions laid down by the international conventions, laws and regulations relating to aircrew, flight equipment, the technical and commercial exploitation of this material and the administrative regulations by the Civil Aviation Authority.
l.e control door technical operation including: 1 °) the application of the rules of air traffic;
2 °) the conduct of flights;
3 °) the equipment and Instrumentation;
4 °) equipment relief and rescue;
5 °) maintenance of aircraft;
6 °) documents and edge books, in particular the operating manuals;
7 °) the composition and the conditions of employment of crew;
8 °) the transportation of hazardous materials.
S. 228 - air transport undertakings must, on the request of the persons responsible for the control, communicate to them all documents necessary for the exercise of their mission.
Persons responsible for control have access on board aircraft for the exercise of their duties and upon presentation of a mission or a map of service order.
S. 229 - the air transport enterprise shall observe the obligations laid down by legislation enacted in the context of the Economic Union and monetary West African including regulations to the air carrier licence and rates.
CHAPTER 2. -CARRIERS aliens arts. 230. - without prejudice to the rules of Community law in force in the Union economic et monétaire ouest africaine, foreign transport companies are subject to the provisions of this chapter.
S. 231 - the creation and exploitation by foreign companies of international lines coming from or destined for Senegal air transport shall be subject to the prior permission of the Civil Aviation Authority.
S. 232 - the provisions of articles 224, 226-229, this code shall apply to foreign carriers.
S. 233. the programmes, timetables, prices and technical data of the exploitation of the foreign air carriers providing services originating or destined for Senegal must be submitted to the Civil Aviation Authority under the conditions laid down by Decree.
S. 234 - the commercial transportation of persons and goods between two points in Senegal is reserved for Senegalese carriers subject to special and temporary derogations.
CHAPTER 3. -SANCTIONS art. 235. - in the event that an air transport undertaking violates the legislation in force, the provisions of articles 224, 229, 231, 233 ct 234 of the present code, the Civil Aviation Authority may decide, for all or part of their activities, the suspension or withdrawal of approvals or authorizations granted.
S. 236 - any air transport enterprise Senegalese, community or foreign who, without authorization or in violation of the conditions prescribed by the permissions that were able to be issued, carries out Senegal air transport activity, is liable to a fine.
The fine is imposed by the Civil Aviation inspectors designated for air traffic and possessors of a map of service offences and airfield commanders. It is payable in cash at the Civil Aviation Authority.
The fine is proportionate to the tonnage of the unit and established on the basis of 125,000 francs per tonne and 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 ton is counted per tonne. In case of refusal of payment of the fine or in case of recidivism will the aircraft be receivership at the request of the Civil Aviation Authority.
TITLE II. -CONTRACTS of carriage art. 237 - the contract of air carriage of passengers, baggage or cargo is governed by the Montreal convention signed on 29 May 1999, for the unification of certain rules relating to international carriage by air and by all other conventions and protocols ratified by Senegal.
Chapter i. - the contract of carriage of goods article 238 - in the transport of goods, the contract short by support of the goods i.e. upon their surrender by the consignor or his representative to the carrier or his representative on delivery i.e. their surrender by the carrier or his agent to the consignee or his representative.
S. 239 - the carrier shall prepare a manifesto containing the indication and the nature of goods transported. However, in regards to traffic internal to Senegal, derogations may be granted by the Civil Aviation Authority.
S. 240. - the contract of carriage of goods is found by an air waybill or a receipt issued by the carrier. The contract of carriage of goods must include indications relating in particular to the identification of the parties, to the characteristics of the goods such as their weight, quantity and quality, instead of boarding and disembarking.
S. 241 - The air carrier is liable for damage resulting from damage, partial or total loss or delay except in cases of force majeure, vice of the goods or fault of the victim.
S. 242 - if the parties have agreed to a delay in delivery, the carrier remains responsible for any delay.
If, on the contrary, no deadline has been set, and if the delivery has not been made within a reasonable time, the liability of the carrier cannot be held responsible if this delay caused prejudice to the sender or the recipient.
S. 243 - the jet of goods essential to the salvation of the aircraft assume any liability of the carrier to the sender and the recipient at this loss of goods, unless it is established that the fault of the carrier is responsible for the situation in which is located the aircraft.
S. 244 - the action is brought, at the option of the applicant, either before the courts for the place of loading or unloading of goods, or in the courts of the domicile of the carrier, the headquarters of its operations or the place where has an establishment by the care which the contract was concluded.
S. 245 - any action in responsibility with regard to the contract of carriage of goods is prescribed, if it is brought within a period of two years from the day where the aircraft arrived or must arrive at destination.
S. 246 - the air carrier's liability may be limited to an amount fixed by Decree in accordance with the Montreal convention of 28 May 1999 on the responsibility of the air carrier.
However, the airline has been deprived of the benefit of this limitation of liability in case of fraud or fault of his own.
S. 247 - fraud is for the carrier to conceal or attempt to conceal the missing or delays, damage or, by any other means, prevent or attempt to prevent the receiver to make his protests within the required timeframe. The victim, prevented by a case of force majeure to formulate its protests, can still act liability.
S. 248 - inexcusable is the deliberate fault which implies the consciousness of the likelihood of injury and his bold acceptance without good reason.
S. 249. - in case of successive transport, the last carrier meets any injury that occurred and any misconduct during transport except recourse against the carrier responsible for the damage that can be called in guarantee.
Art 250. -The sender and the recipient are responsible for each of them in respect of their personal fouls.
CHAPTER 2. -THE contract of TRANSPORT of persons art. 251 - in the carriage of persons, the short contract of registration with the presentation of the boarding pass at the end of the landing formalities.
S. 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 form of traffic or, failing that, a passenger manifest.
However, this provision is not applicable to movements that involve the return nonstop the aerodrome of departure.
S. 253 - for the regime of liability of the air carrier of persons, articles 237-245 of this code shall apply.
S. 254 - in case of successive transport, each carrier responds the performance of its obligations for its own course art. 255 - the transported person answers his personal fouls.
CHAPTER 3. -RELATIONS between carriers article 256 - the contracting carrier means the carrier who has signed the contract of carriage with the passenger or sender.
The carrier is one that, without having signed the contract of carriage with the passenger or sender, has actually completed all or part of the transport under an authorization by the contracting carrier.
S. 257 - A respect of entitled to the goods and passengers, the carrier actually answers for transport damage that he performed while the contracting carrier is responsible for all of the proposed transport.
The provisions of Chapter 1 and 2 of this title shall then apply as cases.
S. 258 - in their mutual relations, contractual carrier and carrier of fact are governed by the provisions of their contract.
TITLE III. -THE CHARTER AND LEASING OF AIRCRAFT CHAPTER 1. -SECTION 1 COMMON PROVISIONS. -BONDS legal art. 259 - the Charter or the owner of the aircraft chartered or rented to a third party remains held legal obligations and is jointly and severally liable with the charterer or the tenant of their violation.
However, if the Charter or lease contract entered in the register and the charterer or the tenant fulfils the conditions required for the ownership of a Senegalese aircraft, it is only held in capacity as operator of legal obligations and only responsible in the event of breach of these obligations.
S. 260 - Charter and leasing of aircraft are subject to the legal obligations imposed under Economic Monetary Union West African including those relating to the licence of air carrier.
S. 261 - if the charterer and the tenant with the aircraft chartered or rented transport operations, they are then subject to the rules relating to the contract of carriage in their dealings with passengers or shippers of goods.
However, in their relations with the Charter or the landlord, they are governed by their contracts.
S. 262 - when an aircraft registered in Senegal is operated under a lease agreement of affreightment or trivialization of the aircraft, or any other similar arrangement by an operator who has the headquarters of his operation, or failing, his residence permanently in another Contracting State, Senegal may, by agreement, transfer to it all or part of the duties and obligations with respect to the aircraft , in its capacity as State of registration. The State of Senegal is exempt from all liability with respect to the functions and duties transferred.
SECTION II. -SANCTIONS art. 263 - the provisions laid down in articles 235 and 236 of this code shall apply for Charter and rental of aircraft.
CHAPTER 2. -SPECIAL SECTION I. - AIRCRAFT CHARTER PROVISIONS
S. 264 - Charter of an aircraft is the operation by which a person called Charter puts at the disposal of another person called charterer an aircraft with flight crew for a fee.
S. 265 - when chartering for a fixed term, the crew as it is defined by the legislation in force remain, unless otherwise agreed, the servants of the Charter. The Charter can also be in the form of leasing.
SECTION II. -FOR the rental of aircraft article 266 - leasing of aircraft is the operation by which a person called lessor puts at the disposal of another person known as lessee or tenant unmanned aircraft for remuneration.
BOOK VI. SURVEYS, ACCIDENTS and INCIDENTS GRAVES of AVIATION title i. - investigation TECHNIQUE chapter i. - General art. 267 - any accident or incident of civil aviation, in an aircraft on Senegalese territory, subject to a technical investigation in accordance with the provisions of annex 13 to the Chicago Convention.
Accidents or incidents occurring to aircraft not governed by the provisions of this code may also be investigated if they are entrusted to the Office of investigation and analysis for the aviation safety civil (BEA).
S. 268 - common terms relating to investigations are defined in the Senegalese aviation regulations (RAS).
S. 269 - the Bureau investigation and analysis for civil aviation safety shall notify immediately any accident or incident that occurred on the territory of Senegal or in the spaces entrusted according to the conditions laid down by Decree.
Similarly it must notify any accident or incident outside Senegalese territory and involving an aircraft registered in Senegal or operated by a natural or legal person, an organization or a company having its registered office or its principal place of business in Senegal or if the air operating licence has been issued by Senegal and not subject to notification by the State of occurrence.
S. (270 - the technical investigation following an accident or incident of civil aviation, is intended only, without prejudice of the judicial inquiry, 1 °) determine the circumstances and certain or probable causes of the accident or incident;
2 °) collect and analyse relevant information;
3 °) prevent the occurrence of other accidents or incidents;
4 °) security and safety recommendations.
The technical investigation does not determine fault or responsibility.
S. (271 - the technical survey covers accidents and incidents: 1 °) on the territory of Senegal or entrusted spaces.
2 °) outside the Senegalese territory if the aircraft is registered in Senegal or operated by a natural or legal person, an organization or a company having its registered office or principal place of business in Senegal or if the air operating licence has been issued by Senegal, if the State of occurrence doesn't open technical survey and in all cases where no inquiry has been opened.
S. 272 - technical investigations into accidents and incidents of aviation under the jurisdiction the Bureau of inquiry and analysis for the safety of civil aviation rules of organization and operation are laid down by Decree.
S. 273 - the Office of investigation and analysis for civil aviation safety and members of the commission of inquiry act independently in inquiry and cannot receive or seek instructions from any authority or any other body whose interests may conflict with the mission entrusted to them.
S. 274 - the State may delegate to another State or to another specialized body, the conduct of all or part of the technical investigation. Similarly, the State can accept the delegation, by a foreign State, the conduct of all or part of a technical investigation.
S. 275. - in the event, the Bureau of investigation and analysis for civil aviation safety appoints a designated investigator responsible for the conduct of the investigation. It must have free and unrestricted access to the wreckage and all relevant factors including the flight recorders and records services ATS and on which it will exercise full control so that it can proceed without delay with their review.
S. 276 - technical investigators have free access instead of the accident or of the incident, the aircraft, the wreck and its contents for on-site any useful findings.
Technical investigators are obliged to take all measures to preserve evidence. They may require the assistance of local authorities.
In case of accident, the judicial authority on its application is informed of the intervention of technical investigators.
S. 277 - accident or incident of aviation, the crew, the owner or the operator, servants, individuals or companies in connection with the aircraft and the authorities intervening on the occurrence, including military and paramilitary, the search and rescue, civil aviation fight services officers fire are required to take all measures capable of upholding indices , documents, equipment and records that may be relevant to the technical investigation and avoid deletion, after the flight, the recording of conversations and audible alarms.
CHAPTER 2. -RELATIONSHIPS between INVESTIGATORS INVESTIGATORS judicial articles and TECHNIQUES 278 - investigators have immediately access to the flight recorders and any other records deemed relevant to their operation.
When an investigation or judicial investigation has been opened, the results of the exploitation of the recordings are put on their request at the disposal of the judicial authorities.
S. 279 - accident or incident that led to the opening of an investigation or a judicial investigation, the public prosecutor or the investigating judge must allow investigators techniques to sampling, for the purposes of review and analysis, debris, fluids, parts, bodies, assemblies or mechanisms that they believe contribute to the determination of circumstances, and the causes of the accident or incident.
Where any examinations or analyses, are likely to change, alter or destroy the fluid debris, parts, bodies, assemblies and mechanisms, the judicial authority may first make copies.
TITLE II. -POWERS and PREROGATIVES of the TECHNIQUES INVESTIGATORS chapter i. - the exploitation of the information article 280 - retention, development or destruction, for the purposes of the investigation, the objects and documents subject to examination or analysis techniques, not trained investigators any right to compensation.
S. 281 - technical investigators may require without can them be relied on professional secrecy, communication of documents of any kind, relating to persons, businesses or materials in connection with the accident or serious incident concerning inter alia, training and qualification of persons, construction, certification, maintenance, operation of the equipment, the preparation for the flight, the driving, the information and the control of aircraft.
In addition, the technical investigators have the power to hear judged necessary to the investigation.
S. 282 - when the documents referred to in article 281 above are placed under seal by the judicial authority, it is issued a copy to the technical investigators.
However, the medical documents are disclosed only to physician members of the fact-finding Committee or appointed to assist the technical investigators.
However may be shared with the technical investigators medical records of persons involved in the conduct of the information related to the flight or its preparation and/or controlling the aircraft.
S. 283 - it is made prohibition to any third person in the commission of inquiry to modify the State of the place where an accident occurred or an incident of civil aviation in particular, to sampling, to carry on the aircraft to a few manipulations to the movement of the aircraft and any other index, unless those acts are recommended by the requirements of security or by the need to bring relief to victims or allowed by the judiciary after the opinion of the investigator technique.
Chapter 2 of the report of investigation art. 284 - Office of investigation and analysis for civil aviation safety makes public the final report of accident or incident, in the periods and conditions set by Decree.
S. 285 - IIC, in its final report, is required to issue safety recommendations whose implementation is designed to prevent an accident or incident.
S. 286 - technical investigators, experts to which the Office of investigation and analysis for Civil Aviation Safety appealed, are required privilege to non-disclosure: 1. statements obtained from persons by investigators as part of a technical investigation;
2. communications between the persons involved in the operation of the aircraft;
3 information from medical and private individuals involved in the accident or incident;
4. the opinions expressed during the analysis of information including information contained in on-board recordings;
5. of any relevant material to the analysis of the accident or incident.
BOOK VII OF THE FINAL PROVISIONS
S. 287 - detailed rules for the application of the provisions of this Code are fixed by Decree.
S. 288 - are repealed all provisions contrary to this law, including Act No. 88-08 August 26, 1988, relating to the traffic Police within the confines of the airport of Dakar - Yoff, Act No. 2002-31 of 12 December 2002 on the Civil Aviation Code, amended by Act No. 2005-27 of August 26, 2005.
This Act will be enforced as law of the State.
Made in Dakar, may 04, 2015.
Macky SALL by the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE
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