Aerodrome
3.
Registration
Building, registration and usage of civil aerodromes in Maldives
shall be in accordance with this Act and regulations made under
this Act.
4.
Building of Aerodromes
a) Any aerodrome in Maldives shall be constructed after land or
space required for such purpose has been obtained, lawfully, and
after submission and approval of the drawings, details and other
information, which may be required by the Ministry under this Act
and regulations made under this Act.
b)
Every civil aerodrome in Maldives shall be operated after registering
the same with the Ministry in accordance with this Act and regulations
made thereunder, and after obtaining a licence to operate the aerodrome.
Safety
Zones Surrounding the Aerodrome
5.
For the safety of any civil aerodrome, demarcation of a certain
area surrounding the aerodrome and setting out guidelines to carry
out of the following activities within that area and making of regulations
regarding these guidelines maybe conducted by the Ministry.
a)
Construction of buildings and other structures.
b) Planting and cultivating trees and other crops.
c) Driving and parking of various types of vehicles .
d) Illuminating, rearing of birds and having airborne objects and
engage in other acts, which will endanger the safety of civil aviation.
6.
Maintaining Standards at Safety Zones
Where any of the acts mentioned in section 5 of this Act is done
in the zone referred to in section 5 of this Act contrary to that
section or any regulations, the Ministry has the right to make an
order to make good any such breach. As such, where any such action
which is contrary to those guidelines are carried out before that
area has been demarcated, any expenses for altering it for making
it conform to the guidelines or regulations and any damages incurred
by that party must be paid by the owner of the aerodrome within
the area to the other party.
Aircraft
Registration and Operation
7. Registration and operation of civil aircraft in Maldives
shall be in accordance with this Act and regulations made under
this Act.
Conditions for registration
8.
Any civil aircraft in Maldives shall be registered only after an
application for such purpose has been made to the Ministry in accordance
with rules and regulations and the following conditions have been
met.
a)
The aircraft to be registered shall not be registered in any other
country
b) The party applying to register the aircraft is
1. Government of Maldives or
2. A citizen of Maldives or
3. A company or association or organization registered in Maldives;
or
4. A foreigner resident in Maldives or a foreigner conducting business
in Maldives; or
5. A company, association or organization registered in a foreign
country, conducting business in Maldives.
Certificate
of Registration
9.
The Ministry shall upon registration of an aircraft in accordance
with section 8 of this Act, issue a certificate of Registration
in respect of the aircraft.
Maintaining
information on ownership
10. The Ministry shall maintain information regarding the
ownership of aircrafts registered in Maldives, and the rights of
mortgagees or any other rights which has been accrued to any other
person in respect of any such aircraft.
Cancellation of Registration
11.
The Ministry shall have the right to cancel the registry of any
aircraft where any of the following occurs.
a)
Particulars submitted for registration changes
b) Aircraft is destroyed or gravely damaged
c) Where the aircraft is leased on the expiry of the lease or on
termination of the lease
d) The registered owner of the aircraft is not any person mentioned
in section 8 (b) of this Act.
e) The owner makes an application for cancellation of the registry.
Air
Operator’s Licence
Air
transport service
12.
Provision of civil aviation services by any party shall only be
after obtaining of a licence issued by the Ministry.
Licencees
13.
Air Operators Licence will only be issued if the party applying
for such licence possesses the financial capability, resources,
amenities, competent persons and other arrangements necessary to
secure the for safe operation of aircraft.
Certificate
of Air Worthiness
14.
a) An aircraft registered in Maldives shall only fly after obtaining
airworthiness certificate for that aircraft in accordance with regulations
of the Ministry.
b)
Air worthiness certificate in respect of a Maldivian registered
aircraft will only be issued upon inspection of the construction,
engines, equipment carried in the aircraft and safety measures of
the aircraft are in accordance with the regulations made under this
Act and is unto the standards determined by the Ministry.
Crew
Licence
for pilots, crew and engineers
15. The pilots, crew and engineers of aircraft registered
in Maldives shall be persons liceneced by the Ministry.
Licensed persons
16.
License for persons to work as pilots, crew and engineers of civil
aircraft shall be issued for persons who are trained and have passed
the competency tests determined by the Ministry.
Safety
of Civil Aviation
Making of safety regulations
17. a) The ministry shall make guidelines and necessary
regulations regarding safety of air transport and safety of passengers
and goods carried by the aircraft in order to protect the public
from any danger.
c) All guidelines, measures and regulations made under subsection
(a) of this Section shall not be lower than those standards determined
by relevant international conventions which Maldives is a party.
Inspection
Inspection
of safety measures of Aerodrome and Aircraft
18.
a) Aircraft, engine equipment and other matters of the aircraft,
and aerodrome used by various parties for civil aviation shall be
inspected in a manner set out by the Ministry to check the safety
standards required by this Act and the regulations made under this
Act are met.
b)
Ministry reserves the right to inspect aircraft and building and
enter and make copies of necessary documents.
Request
for amendment of safety measures and suspension and termination
of lisence
19. a) The Ministry reserves the right to make an order for making
good and suspension of use of those mentioned in section 18 of this
Act for civil aviation provided the safety measures determined by
the Act is not met.
b) The ministry rersves the right to suspend or terminate the license
of any airworthiness certificate, pilots , crew license , engineers
license or any other such licenece where in the opinion of the ministry
the possession of such a license by such a person will endanger
air safety.
Investigation
of Accidents
20.
a) The Ministry shall investigate, with a view to determine the
causes of the accident, accidents involving civil aircraft occurring
in the Maldives and accidents involving civil aircraft registered
in the Maldives.
b)
The Ministry shall have the right to investigate or participate
in the investigation of accidents involving civil aircraft registered
in the Maldives with the permission of concerned authorities of
the country in which the accident occurred.
c)
Accidents involving civil aircraft occurring in the areas designated
in Maldives for military purposes shall be investigated by the Ministry
of Defence and National Security or in accordance with rules determined
by the said Ministry.
d)
In investigating accidents involving civil aircraft, in order to
find out whether there is any fault of any party will be conducted
by the Ministry of Defence and National Security.
e)
In the light of the investigations conducted under this section,
the Ministry shall take measures necessary for safety of civil aviation.
Miscellaneous
Liability for disturbance caused while
21. An aircraft shall not be held responsible for any disturbance
or nuisance caused during its normal course so long as provisions
of this Act and regulations made under this Act are complied with.
Recognition of licene issued by foreign countries
22.
The Ministry shall have the right to set out conditions and recognize
licenses for pilots, engineers and crew issued by a foreign country
which is a signatory to the International Convention of Civil Aviation
and passed by the ICAO on 7 December 1944.
Charging
of fees and determining the amounts
23.
The Ministry shall have the right to charge fees and set out the
amount for fees for registration of anything and place or for obtaining
and renewal of license for certificates and licenses issued under
this Act.
Penalty
24
a) Where this Act requires obtaining of a certificate or license,
a person in breach of such shall be liable to a fine between 50,000/-
and 500,000/- Rufiyaa or imprisonment, banishment, or house arrest
for a period between 6 months and 2 yrs.
b)
Where any certificate license or other document issued under this
Act has been forged, the penalty shall be a fine between 5000/-
and 50,000/- Rufiyaa or imprisonment, banishment, or house arrest
for a period between 6 months and 1year.
c)
Where air transport has been carried out in a way which would endanger
the life of a person, the penalty shall be imprisonment, banishment,
or house arrest for a period between 3 to 5 yrs.
d)
Where any subsection of this section does not specify the manner
to be dealt with for persons in breach of this Act a fine not exceeding
100,000/- shall be imposed.
Conforming
to International Conventions
25. The Ministry shall make regulations as set out in International
Conventions which Maldives is a party and where it specifically
requires any measures are to be taken by the Ministry.
Making of and Implementation of Regulations
26. a) Regulations regarding civil aviation shall be made
and enforced by the Ministry.
b) The Ministry shall have the right to impose fines and have the
authority to take administrative action against parties in breach
of regulation made under this Act. However a fine so imposed shall
not exceed the amount specified in subsection 24(d) of this Act.
c)
Where taking of a measure in contrary to what is specified in the
regulation under this Act is, in that context, the most advantageous
and will not endanger civil aviation, the Ministry shall have the
right to permit such measures.
Scope
of Application
27.
This Act and regulations made under this Act shall apply to all
civil aircraft operating and within the territory of Maldives and
aircraft registered in Maldives whether within or outside the territory
of Maldives.
Definitions
28.
Unless the context otherwise so requires,
a) Aerodrome means any definite area intended to be used for landing
and taking off including where all facilities necessary are available.
b) Aircraft means any machine intended to be driven in the air.
c) Ministry means Civil Aviation Department of Ministry of Transport
and Civil Aviation.
Maldives
Islands 
