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Civil Aviation Law



EGYPTIAN CIVIL AVIATION LAW

LAW 28 OF 1981



 

 

 

 

 

 

 

CIVIL AVIATION LAW OF

ARAB REPUBLIC OF EGYPT

 

 

 

 

 

 

 

 

 

 

EDITED BY EGYPTIAN CIVIL AVIATION AUTHORITY

NOVEMBER 2012

 

 

 

 

 

 

 

Civil Aviation Law of

Arab Republic of Egypt

 

 

 

 

 

 

 

 

 

 

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means without permission in writing from the Ministry of Civil Aviation


 

Law No.28 of year 1981
on the Enactment of Civil Aviation Law (*)

 

In the name of the people
President of the Republic

The People's Assembly passed the following law and it’s hereby enacting:

(Article 1)

Anything related to civil aviation shall be governed by the provisions of the attached law.

 

(Article 2)

The following shall be repealed:

  1. Law no.19 of 1920 on the government’s monopoly on airports.
  2. Law no.57 of 1935 on air navigation.
  3. Law no.639 of 1953 on establishing airports’ approach, commute and safety areas.
  4. Law no.269 of 1959 on the organization of work at the airports.

 


*               Official Gazette (issue no.17) on 23 April, 1981, and amended by virtue of laws no:

  • 92/2003, (official gazette, issue no.25 on 19 June 2003)
  • 136/2010, (official gazette, issue no.25 bis. on 27 June 2010)
  1. The decree issued on May 23rd, 1935 on the organization of air navigation.
  2. The decree issued on May 5th, 1941 on the control rules of air navigation.
  3. The President of the Republican decree no.1506 of 1958 on the organization of aviation education.

Any other provision contradicting with the provisions of this law shall also be repealed; the current executive regulations and decrees shall remain valid if not conflicting with the provisions of this law until they are amended or repealed.

(Article 3)

This law shall be published in the Official gazette, and shall come into force from the following day of publication date.
 

This law shall be sealed by the State Seal and shall be implemented as a State law.
 

Issued at the Presidency of the Republic on Jumada Al-Akhar 4th, 1401 (Hijri),

(April 9th, 1981 A.D.).
 

     Anwar El Sadat


Chapter One


General Provisions
 

Section One   Definitions

Article 1(*)                            Definitions:

In applying the provisions of this law, the following words and phrases shall have the meanings ascribed thereto:

  1. The State: Arab Republic of Egypt.
  2. The Competent Minister: the Minister responsible for the Civil Aviation’s affairs.
  3. The State Territory: the adjacent regional territories and waters subject to the sovereignty of the State and the airspace above.
  4. Egyptian Aviation Information Region: airspace with specific dimensions; in the scope of which the Aeronautical Information Services and Alerting shall be performed and which shall be announced in the Egyptian Aeronautical Information Publications.

  1. State of Registry: the State where the aircraft is registered.

__________________________________

(*) Amended by law no. 136 of 2010.

  1. Chicago Convention: the Convention on International Civil Aviation signed in Chicago on December 7th, 1944 and the applicable annexes and amendments thereof which the State is a party thereto.
  2. Aircraft:  any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.
  3. Aeroplane: a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.
  4. The Investor: any natural or juristic person investing in one of the civil aviation activities.
  5. The Operator: any natural or juristic person operating in one of the civil aviation activities.
  6. State of the Operator: the State where the operator’s management headquarter, or his permanent place of residence if the operator does not have a headquarter, is located.

  1. Authorization for Civil Aviation Activity: an authorization issued by the competent Minister for the practice of one or more Civil Aviation Activities during a specified period of time, including detailed practice’s provisions and determining the cases of ceasing or terminating thereof.
  2. Air Operator Certificate: a document issued by the Egyptian Civil Aviation Authority (ECAA) for the Operator on the availability of the necessary requirements for carrying out specific operations in Civil Aviation following the verification of the fulfillment of such requirements in accordance with certain operating specifications. .
  3. Flight Permit: a specific approval issued by ECAA for carrying out certain air operation / operations.
  4. Certificate of Airworthiness: a document issued by the Civil Aviation Authority in the State of registry on which the Authority verifies that the Aircraft / Aeroplane is valid for flying during a specified period of time, provided that the Operator follows the terms contained therein.
  5. Type Certificate: a document defining the design of the Aircraft model, engine or engine propeller that is issued by the Civil Aviation Authority in the State of design, on which it certifies the design’s compliance with the proper airworthiness requirements in such State.

17.               Production Certificate: a document issued by Civil Aviation Authority in the State of Manufacturer verifying the manufacturer’s capability of manufacturing the parts/ products listed in that document and in accordance with the limitations contained therein.

18.               Air Carrier: every natural or juristic person operating airline/airlines for the carriage by air of passengers, mail and goods, or any of them, in the field of Aircrafts operation, or those offering such operation.

19.               State Aircrafts: military Aircrafts/ State-owned Aircrafts and Aircrafts used for service of the State such as police, security and customs.

20.               Air Traffic: all Aircrafts existing in the air or at the Airport Maneuvering Area.

21.               Air Traffic Control Unit: the area’s control center, approach control unit or the aerodrome control tower.

22.               Air Traffic Service Route: a specified air route designated for maintaining an orderly flow of Air Traffic as necessary for the provision of the services of such traffic

  1. Aerodrome: a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft.
  2. International Aerodrome : any Aerodrome  assigned by the State in its territory for the International Air Traffic’s entrance and exit, where the procedures related to customs, passports, public health, quarantine including animals and plants and other similar procedures are taken.
  3. Aerodrome Traffic: all traffic on the maneuvering area of an aerodrome and all aircraft flying in the vicinity of an aerodrome. An Aircraft is considered to be in the vicinity of an aerodrome when it is within the scope of its traffic, entering or exiting from it.
  4. Scope of Aerodrome Traffic: an airspace of defined dimensions that is allocated around the Aerodrome to protect the Traffic thereof.
  5. Aerodrome Maneuvering Area: the part of an Aerodrome used for Aircraft’s taking-off, landing, taxing and the relevant movements, not including the Aircraft Parking Area.

  1. Landing Areas: every place that is specified by the Civil Aviation Authority for aircraft’s landing and taking-off, without having the facilities necessary for Aircrafts’ accommodation, supply or passengers services and loading cargos.
  2. Pilot-in-Command: the pilot holding a valid license that is appointed by the Operator, or by the owner in case of general aviation, as being in-command and charged with the safe conduct of a flight.
  3. Flight Crew Member:  a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period.
  4. Aircraft Crew Member:  a crew member holding a valid license, who is assigned by the operator to perform certain duties of operation during the flight duration. 
  5. Flight time: the total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight.
  6. Authorized Agent: the person acting on behalf of the Investor or the Operator in completing the official procedures of his/her Aircraft’s entrance, clearance, and completing the procedures of the Cabin Crew Members, passengers, cargos, mail, luggage or stocks, including a third Party that is legally authorized for carriage of goods onboard.
  7. Prohibited Area: an airspace of defined dimensions, above the ground areas or territorial waters of a State, within which the flight of aircraft is prohibited.
  8. Restricted Area: an airspace of defined dimensions, above the ground areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions.
  9. Dangerous Area: an airspace of defined dimensions above the ground areas or territorial waters of a State, within which operations dangerous to the flight of Aircraft may exist at specified times.
  10. Scheduled Airline: a set of flights (domestic and international) carried out by public carrier Aircrafts for passengers, mail and goods or any of them against a fee or reward affordable to the public, in accordance with a regular announced time schedule.
  11. Flight recorder: any type of recorder placed in an Aircraft for the purpose of facilitating the investigation of an aircraft accident or incident.
  12. Baggage: the personal properties of the passengers’, the Cabin or flight Crew carried on board of aircraft in agreement with the Air Carrier.
  13. Cargo: any property carried on the aircraft other than mail, the aircraft supplies and accompanied or mishandled baggage.
  14. Ground Support/ Handling Equipment: specific equipment used to support  maintenance, repair and service of the Aircraft including testing equipment, passenger and cargo handling equipment.
  15. Regulations of the Egyptian Civil Aviation: a set of regulations of the Egyptian Civil Aviation issued by the Egyptian Civil Aviation Authority in compliance with the provisions of the annexes of Chicago Convention and the documents issued by the International Civil Aviation Organization containing provisions and requirements with regards to regulating civil aviation services and activities.
  16. The Earth’s Surface: ground areas and territorial waters subject to the sovereignty of the State.
  17. Acrobatic Flying: maneuvers intentionally performed by an aircraft involving an abrupt change in its position, an abnormal position, or an abnormal variation in speed.

 


Section Two      Scope of Application and the State’s Authorities

 

Article 2 (*)              Scope of Application

The provisions of this law shall apply to the following:

  1. Civil Aviation activities in the State, including civil aerodromes, landing areas, civil aircrafts, State aircrafts and other Aeroplanes.
  2. The Egyptian Civil aircrafts outside the State territory, without prejudice to the provisions of the laws of the foreign State where the activities thereof are conducted.

The competent Minister may, if necessary, exempt some of the State aircrafts from being governed by some of the provisions hereof.

The provisions of this law shall not apply to military aerodromes unless used for the purposes of Civil Aviation, if not contravening with the military usage and the requirements and safety of defending the State. The provisions thereof shall not also apply to the military aircrafts as well as the State’s aircrafts used for military purposes.

 

__________________________________

(*) Amended by law no. 136 of 2010.

Article 2 bis(1)              Civil Aviation Authority:

A body called Civil Aviation Authority shall be established at the Ministry competent of Civil Aviation affairs to exercise the competencies set forth in the international and regional treaties and conventions which Egypt is a party thereto, as well as the competencies established herein. That body shall have a president who shall be assigned via a decree by the competent Minister.

 

Article 3(2)                            Provisions of the International Conventions:

The provisions of the international and regional Civil Aviation treaties and conventions which State is a party thereto, as well as the provisions of this law, shall be applied, without prejudice to the provisions of such treaties and conventions.

 

Article 4(3)                   Sovereignty of the State:

The State shall have full and absolute sovereignty over its territories, territorial waters and the airspace above.

 

 

_____________________________

(1) Added by law no. 136 of 2010.

(2,3) Amended by law no. 136 of 2010.

Article 5               Supervision on the Civil Aviation Affairs:

The competent Minister(1) shall supervise all the Civil Aviation affairs in the State, and shall issue the decrees necessary for the implementation of this law.

 

Article 6(2)              Inspection and Monitoring:

The Civil Aviation authority shall have the right to inspect the aircrafts operating in the State territory and prevent them from flying or withhold any of the documents related thereto. They shall also have the right to inspect the civil aviation companies and facilities in order to monitor the implementation of the provisions of this law and the decrees issued in implementation thereof

 

 

 

 

_________________________________________________________

(1) Article 5.01 of law no. 136 of 2010 States that: the word “Operator” means the word “Investor”, and the word “State” shall be replaced with “Republic”, and the phrase “Cabin Crew Member" shall be replaced with “Cabin Crew Member” and “the competent Minister” means “the Minister of Civil Aviation” wherever such words or phrases appear in any of the Articles of the Egyptian Civil Aviation Law referred to.

(2) Amended by law no. 136 of 2010.

Article 7                            Telecommunications Works and Services of aviation:

The National Air Navigation Services Company shall, exclusively, carry out all the works and services of telecommunications with regard to ensure the safety of Civil   Aviation   and   the   regularity of Air Traffic, in coordination with the concerned bodies.

It may also authorize third party to carry out some of such works in accordance with the terms it develops and air carrier companies may not exchange their telegram with the companies or bodies representatives thereof except through the Air Service’s Communication Centers of the National Air Navigation Services Company accredited by the Civil Aviation Authority unless otherwise authorized.

 

Article 8(*)                            Authorities of Customs, Security, Quarantine and Plant Quarantine and Others:

Customs, police, quarantine and plant quarantine and others authorities shall have the right to exercise the competencies they are authorized by virtue of the relevant laws, without prejudice to the provisions of this law.

 

____________________________________

(*) Amended by law no. 136 of 2010

The head of an airport or aerodrome shall have the administrative supervision authority on all the personnel of the branches of ministries, bodies, service bodies and units operating at the airport or aerodrome except for those affiliated to the Ministry of Defense and the National Security bodies and to that end, he/she shall be entitled to request investigation with or transfer of any of them, and the bodies to which such personnel are affiliated shall take the necessary procedures concerning that request in accordance with the provisions of laws, regulations and decrees applicable therein.

 

Section Three   Aviation General Provisions

 

Article 9(*)              Authorizations and Permits for flight:

No Aircraft shall operate in the State territory unless upon obtaining the following:

First – An Authorization issued and preconditioned by the Competent Minister, which allows the aircraft operator to operate in Egypt, and such authorization shall be permanent if based upon a treaty or convention which Arab Republic of Egypt and the State of Operator are parties thereto, or if based upon a bilateral

Air Transport Agreement in effect between the two

_______________

(*)Amended by law no. 136 of 2010.

States, otherwise the license is temporary for a period not exceeding one year that may be renewed for any period.

The provision of such item shall not apply to the private aircrafts and foreign aircrafts operating in charter flights.

Second: a Permit issued by the Civil Aviation Authority allowing the aircraft to fly in the State territory.

 

Article 10(*)              Requirements necessary for the aircrafts operating in the State territory:

The following requirements shall be fulfilled for the aircrafts operating in the State territory:

  1. The aircraft shall be registered in the State which it is affiliated to.
  2. The aircraft‘s Airworthiness Certificate shall be valid and issued by the State of Registry or validity and the aircraft shall conform to it as well as to its Flight Manual.
  3. Shall clearly have marks indicating the nationality and registration marks.

 

 

 

_____________________

(*)Amended by law no. 136 of 2010.

  1. Shall be equipped with the instruments and equipment approved by the State of Registry in addition to the requirements of the Civil Aviation Authority.
  2. The Flight Crew Members shall have valid licenses issued or validated by the State of Registry, and their numbers and qualifications shall specified in the Aircraft flight Manual.
  3. Insurance according to the provisions of this law for the interest of the Aircraft’s crew, passengers and cargo on board and others on the earth’s surface.

The Civil Aviation Authority may exempt the aircrafts flying for the purposes of flight tests, education, training or repositioning, from one or more of such requirements, except for the insurance requirement.

 

Article 11                            Radio instruments and their usage on aircrafts:

An aircraft operating in the State territory shall not be equipped with any wireless devices unless upon having an authorization for such from the competent authorities in the State of registry. Such instruments shall be used only for the purposes of Air Navigation, in accordance with the provisions of this law and the terms or Authorization, and via the Aircraft Flight Crew.


Article 12 – ……………… (*)

 

Article 13              Aerial Cameras:

Flying over the State territory with aircrafts equipped with Aerial Cameras or using such devices shall not occur unless upon a prior permission from the Civil Aviation Authority and in accordance with the conditions set by such Authority in this regard.

 

Article 14              Pilot-in-Command Responsibility:

Pilot-in-Command is responsible for the operation and the safety of the Aircraft, including occupants thereon during the flight and he/she shall also have the authority to take the necessary actions to maintain order on board and he/she shall consider the application of the rules applicable in this regard.

 

Article 15 – Interference in Flight Crew Works and messing with the Aircraft: 

No person shall be, during the flight, allowed to intervene in the works of any of the flight crew or hinder him/her from doing his/her work and shall not, as well, be allowed to mess with any part of the aircraft

or the equipment thereof, or to commit any action that

_______________________

(*) Superseded by law no.136 of 2010.

would endanger the safety of the aircraft, the crew or the passengers thereof.

 

Chapter Two
 

Aerodromes and Air Navigation Services’ Facilities

 

Section One               Establishment, Management and Usage of Aerodromes

 

Article 16(*)              Establishment of aerodromes, landing areas, airstrips, navigation services and their necessary facilities:

Subject to provisions of Article (75) of this law, aerodromes, landing areas, airstrips and facilities of air navigation services shall not be established without an authorization from the competent Minister and in coordination with the Ministry of Defense and the concerned authorities.

The establishment of the buildings and facilities within the boundaries of the aerodrome as well as their operation and investment shall be under authorization from the competent Minister in accordance with the

conditions and specifications set by the Civil Aviation

_______________________

(*) Amended by law no.136 of 2010.

Authority, and the provisions of laws regulating the construction works shall not apply to such buildings and facilities.

A decree on the rules and conditions of the authorization referred to in the two previous paragraphs shall be issued by the competent Minister. In all cases, the State’s competent authorities shall be obliged to provide the buildings and facilities necessary for the aerodrome, as well as the authorized air navigation services’ facilities with the basic utilities.

 

Article 17(1)              Aerodromes and the Civil Aviation facilities shall be Public Funds: Aerodromes and their buildings and facilities as well as the air navigation’s equipment and facilities shall be considered State-owned public funds. They shall also consider being public utilities allocated for public interest and shall not be disposed, seized or owned and no in-kind right thereupon shall be gained by prescription.

 

Article 18 – …………….. (2)

_______________________

() Amended by law no. 136 of 2010.

(2) Superseded by law no. 136 of 2010.


Article 19                            Types of Aerodromes:

The competent Minister shall define the different types of aerodromes and the grade of each aerodrome.

 

Article 20(1)               Usage of Aerodromes and Landing Areas:

(1) The aircrafts shall use the announced aerodromes, landing areas and civil airstrips, and landing elsewhere shall be allowed only in emergencies or by a permit from the Civil Aviation Authority.

(2) Each aircraft heading to the State territory is to land at an announced international aerodrome unless it is only permitted to fly over. Also, each aircraft departing the State territory shall take off from an international aerodrome as well.

(3) Subject to taking the procedures followed at the international aerodromes, some aircrafts may be, due to the nature of its operations or other considerations, exempted from adherence to such procedures under a permit from the Civil Aviation Authority, provided that the landing aerodrome, taking off aerodrome, the route and instructions to be followed shall be defined in such permit.

 

_______________________

(1) Item (1) amended by Law no.136 of 2010

(4) If any aircraft heading to, departing from or flying over the State territory has to land outside the international aerodromes of the State, the Pilot-in-command has to inform the nearest local authority immediately and provide the aircraft’s journey logbook, general declaration and any other document upon being requested, and in such case, it shall be prohibited for the aircraft taking off, transport of its cargo or the departure of its passengers from the place of landing, before obtaining a permit from the Civil Aviation Authority and taking the required procedures.

 

Article 20 bis(1)               Responsibility for the Operation of the Aerodromes and Air Navigation Services:

A person authorized to operate any of the aerodromes, landing areas, airstrips or the facilities of air navigation services shall be responsible for their operation and the implementation of the requirements of the flight’s security and safety under the supervision of the Civil Aviation Authority.

 

Article 21 – …………. (2)

 

_________________________

(1) Superseded by law no. 136 of 2010.

(2) Added by law no. 136 of 2010.

Section Two              Air Easements Rights

 

Article 22(1)               Air Easements Rights:

Special Easements Rights called Air Easements Rights shall be established to ensure the safety of air navigation and appropriateness of its bodies, such rights shall specifically include the following:

  1. Removal or prevention of the establishment of any buildings, constructions, plantings, wires or whatsoever block, or specification of its height in areas adjacent to the aerodromes and the facilities of navigation bodies.
  2. Placing guide signs for the blocks posing a threat on the safety of air navigation but must exist.

 

Article 23                            Limits of Easements Rights:

The competent Minister shall determine the scope and range of aerial easements rights and the areas where they are planned, ensuring the safety of air navigation and protection of persons and properties, all in accordance with the international rules and regulations established in this regard.             

 

 

 

___________________________

(3) Item (2) amended by law no. 136 of 2010.

Article 24(*)              Facilities in Areas Subject to Easement:

Construction of any building or facility, the establishment of any blocks within the area included in the aerial easements, or changes to the nature or the point of use of the territories subject to the easement, shall not be allowed unless upon a prior authorization from the Civil Aviation Authority and in accordance with the conditions set forth therein, taking into consideration at the issuance of such Authorization, the location, nature of utilization, impact on the air traffic and the maximum height of the facility, all without prejudice to the authorities of the State’s competent bodies in this regard.

The administrative body competent with regulation affairs shall not issue a permit of building, elevation, or amendment within the areas of aerial easement before the issuance of the permit referred to in the preceding paragraph, indicating the maximum permitted height above sea level and documenting it in the permit of building, elevation, or amendment.

The facilities shall be introduced to the construction only after obtaining a certificate from the Civil Aviation Authority of the building or facility’s compliance with the permit issued by it.

 

 

______________________

(*) Amended by law no. 136 of 2010.

Article 25                             Facilities and Installations Affecting the Safety of Air Navigation:

  1. A lighthouse or radio beacon not included in the plans of the civil aviation services may be established only after the Civil Aviation Authority’s approval.
  2. The Civil Aviation Authority shall be entitled request the removal or amendment of any light device that shall cause confusion with the auxiliary air control light devices; it may also impose the necessary limitations on the facilities releasing smoke or anything that would affect the vision in the vicinity of the aerodromes or the safety of air control.
  3. Everyone possessing or using electric equipment or fixed or movable metal facilities that would cause an interference hindering the function of radio sets or the auxiliary air navigation devices shall adhere to the measures established by the Civil Aviation Authority to remove such interference.

 

Article 26 - ………………(1)

 

 

 

_______________________

(1) Superseded by law no. 136 of 2010.

Section Three                            Protection of Aerodromes, Aircrafts and Navigational Aids

 

Article 27(1)The National Program of Civil Aviation Security:

The Civil Aviation Authority, in association with other Egyptian competent authorities, shall set a national program of civil aviation security in accordance with the applicable international rules and such program shall include a clear definition of the authorities and bodies concerned with its implementation along with the responsibilities and competencies of each.

The security authorities and bodies defined in the program shall be entitled to prevent or restrict entrance to certain areas in the aerodromes and facilities of navigation services, to inspect persons, baggage, and vehicles entering the aerodromes, and to question any suspicious person and they shall verify that persons don’t possess and vehicles are empty of any weapons, machines or any other materials that could be used in threatening the aircraft, aerodrome or the facilities of navigation services.

_________________

(1) Amended by law no. 136 of 2010.

 

Article 28                             Carrying of Weapons and Hazardous Materials on Aircrafts:

  1. No person on the aircraft shall, without a permit from the Civil Aviation Authority, carry a weapon, inflammable materials or any other materials that could be used in any act of sabotage, violence or threat during the flight.
  2. If it is necessary to transfer an unloaded weapon, any inflammable materials or any other materials that could be used in any act of sabotage, violence or threat, the owner of such weapon shall handed it over to the operator’s representative before his/her entrance to the aircraft. Such weapons or materials shall be kept in a place that cannot be reached by the passengers and shall be returned to the person who handed it over after the flight.

 

Article 29                            Airmail Carriage:

Any mail or postal parcel carriage by air may be undertaken only in accordance with the established postal measures and subject to provisions of the international conventions which the State is a party thereto.

 


Article 29 bis (1)              Handling and Carriage of Dangerous Goods:

Handling and carriage of dangerous goods shall be subject to the instructions of the International Civil Aviation Organization, the provisions set forth in the
International Air Transport Association’s annual directory, and the regulations defined by the Civil Aviation Authority.

 

Section Four                            Aircrafts Noise

 

Article 30(2)              Determination of the Level of Noises and Emissions:

The Civil Aviation Authority, in coordination with the concerned bodies, shall determine the allowed level of noises and emissions for the aircrafts using the Egyptian aerodromes and landing areas as well as the aircrafts’ altitudes, speeds, engines capacities and other conditions ensuring not exceeding the levels referred to, and the authority shall set the necessary rules and controls to remove or limit any air pollutions; smokes, dust and others that affect the proper conduct of aerial operations.

 

Article 31 –…………. (1)

________________________

(1) Added by law no. 136 of 2010.

(2) Amended by law no. 136 of 2010.

Chapter Three

 

Aircraft Airworthiness

 

Article 32(2)- Aircraft  Airworthiness Certificate:

No airworthiness certificate may be issued for a registered aircraft or aeroplane in State, unless it has met the technical requirements in accordance with rules and procedures defined by Civil Aviation Authority. The operator shall renew the Airworthiness Certificate in accordance with the rules defined by such authority.

Civil Aviation Authority may validate an airworthiness certificate issued by another State, and may impose any additional provisions or restrictions for specific types of such certificate prior to the validation thereof.

Civil Aviation Authority may, if it found any registered aircraft, aeroplane or its model in the State is not airworthy, suspend or withdraw its airworthiness certificate, and shall have the right to carry out a technical inspection on aircraft, and shall not allow the aircraft to fly, unless safety measures of its flight are taken.

______________________

(1) Superseded by law no. 136 of the year 2010

(2) Amended by law no. 136 of 2010.

Article 33-………. (1)

 

Article 34                            Aircraft Instruments and Equipment:

  1. The Operator of any registered aircraft in the State shall abide by equipping it with devices and equipment set forth in Chicago Convention annexes.
  2. Civil Aviation Authority may decide to install any additional instruments or equipment in any State-registered aircraft, to guarantee the safety of the aircraft or the crew thereof or to facilitate search and rescue operations.
  3. Aircraft’s instruments and equipment shall be installed so as to be easily replaced; and shall, as well, be maintained and adjusted in order to be serviceable and usable.
  4. Locations and methods of use emergency equipment in each registered aircraft in State shall be visible in a clear manner.
  5. Installation of aircraft instruments and equipment must not constitute a hazard to airworthiness, or adversely affect the performance of any instruments or equipment required for the aircraft’s safety.

 

Article 35- …………… (*)

___________________

(1) Superseded by law no. 136 of the year 2010

(*) Superseded by law no. 136 of the year 2010

Article 36                            Aircraft weight and weights schedule:

  1. Each aircraft which has got airworthiness certificate issued or validated by Civil Aviation Authority shall be weighed. The aircraft’s center of gravity shall be identified periodically in cases and methods determined by such authorities.
  2. The Operator shall prepare the aircraft’s schedule of weights after weighing thereof in accordance with whatever determined by Civil Aviation Authority.
  3. The Operator shall keep the aircraft’s schedule of weights and shall not dispose it unless upon a permission by Civil Aviation Authority.

 

Article 37                            Inspection for the verification of Airworthiness:

Civil Aviation Authority shall conduct or request to conduct inspection, testing or flying for the purpose of checking as may be necessary to make sure the aircraft, any of its instruments, equipment or components is airworthy in accordance with the airworthiness certificate. Such procedures shall be taken at the Operator’s own expense and the authority’s representative shall have access to the aircraft’s location to carry out any of such works. Civil Aviation Authority shall, as well as, have the right to issue the necessary instructions to the Operator in this regard.

In case of violating any of the procedures mentioned above, Civil Aviation Authority shall be entitled to suspend the validity of the airworthiness certificate. 

 

Chapter Four

 

Rules of the Air

 

Article 38                            Rules of the Air:

The competent Minister shall issue rules of the air, and relevant regulations of aircraft flight, air navigation, protecting people and properties on ground and usage of the State’s airspace.

 

Article 39                            Compliance with of Rules of the Air:

Aircraft Captain shall be directly responsible for piloting the aircraft in accordance with the applicable rules of the air, and may deviate from such rules in cases where it’s inevitable for safety, in such cases aircraft Captain shall notify the competent authorities, as soon as it’s possible.

 


Article 40                            Air Routes:

Civil Aviation Authority shall determine air traffic service routes through which aircrafts are required to follow when entering or exiting the State’s territory, or flight within the air space thereof.

 

Article 41                            Compliance with Air Traffic Control Authorizations and Instructions:

Aircraft Captain shall abide by the valid flight plan and shall adhere to all Air Traffic Control authorizations and instructions, and may not deviate from such it except for emergency cases necessitating immediate action. Accordingly aircraft Captain shall, in such cases, notify the competent Air Traffic Control Unit as soon as possible and shall get an amended authorization if necessary.

 

Article 42                            Air Traffic in Aerodrome and Around:

A Captain of an aircraft operating within aerodrome traffic or in the vicinity around thereof shall abide by regulations of aerodrome usage and air traffic rules.

 


Article 43                            Flight Altitudes:

  1. No aircraft may fly at altitudes lower than such determined by Civil Aviation Authority, except in emergency cases or by a permission of such authority.
  2. With the exception of take-off and landing requirements, as well as cases permitted by Civil Aviation Authority, no aircraft may fly above a city or populated area unless at an altitude that enables it, in emergencies, to land without causing damages to people and properties on ground.

 

Article 44                            Prohibited, Restricted and Dangerous areas:

  1. Civil Aviation Authority shall, without nationality discrimination, prohibit or restrict  aircrafts flight in the following places:
  1. Above certain areas in the State for military reasons or for public order requirements.
  2. In exceptional cases, above the territory of the State or any part thereof and for reasons relating to the public order.
  1. Civil Aviation Authority shall be entitled to determine danger areas.
  2. If the Aircraft Captain noticed he is flying above a prohibited area, he shall then notify the competent Air Traffic Control Unit immediately and shall follow the instructions thereof precisely.

If he failed to do so, he shall land as soon as possible in the nearest aerodrome of the State outside the prohibited area and shall submit a detailed report on this incident and the justifications thereof to the competent authority.

  1. If the competent authority warned an aircraft for being flying above a prohibited area, such aircraft shall instantly follow the instructions made by such authority; otherwise such authority shall be entitled to take the necessary actions to enforce the landing of the aircraft after notifying it.

 

Article 45(*)              Aircraft Captain’s Duties before the Commencement of Flight:

Any Aircraft Captain shall, prior take-off for a certain flight, perform the following:

  1. Ensuring the possibility of ending the flight safely as per the rules and regulations set forth in this regard, including the alternative procedures if the flight didn’t end according to what is prescribed in the flight plan.

 

 

______________________________

(*) Item (5) added by law no. 136 of 2010

  1. Ensuring the aircraft has been supplied with the sufficient amount of fuel required for the flight.
  2. Precise study of the available reports, current weather forecasts and navigation information related the flight.
  3. Ensuring the completion of airworthiness procedures.
  4. Ensuring that the security procedures required for the flight are taken.

 

Article 46                            General Provisions:

  1. Throwing or spraying anything from the aircraft during flight may not be permitted, except in emergency cases or under permission of Civil Aviation Authority.
  2. No aircraft may pull another aircraft or anything else unless upon a permission of Civil Aviation Authority.
  3. Parachuting may not be allowed without a prior permission of Civil Aviation Authority, except in emergency cases.
  4. Acrobatic flying, aerobatics or formations above the territory of the State may not be allowed unless upon a permission by Civil Aviation Authority.
  1. Flying in a careless or reckless way, in a manner that endangers the lives and properties of others shall be prohibited.
  2. Flying close to another aircraft in a manner that may lead to a crash with or endanger its safety shall be prohibited.
  3. No person shall be allowed to piloting the aircraft or to act as a crew member thereof, as long as he is under the influence of alcohol or drug or any other substance that leads to weakening his ability to carry out his duties perfectly. In all cases he shall not be allowed to take any of such things during his/her duty period.
  4. No unmanned aircraft is allowed to fly or to work in the territory of the State unless upon a permission of Civil Aviation Authority.

In all cases, using unmanned aircraft is prohibited as per Rules of the Air and Air Traffic set forth in this respect.


Chapter Five

 

Licenses and Aviation Education

 

Article 47- Aircrafts flight Crew Members’ Licenses:

  1. A member working in an aircraft’s flight crew board working within the territory of the State shall be granted a valid license as per the applicable laws, rules and regulations in the State of Registry.
  2. However, Civil Aviation Authority may not, with regard to flying in the territory of the State, recognize the certificates and licenses granted to the State’s nationals from a foreign State.

 

Article 48-……..()

 

Article 49-.…….(2)

 

Article 50- Issuance, Approval and Renewal of Licenses Regarding All Works of Civil Aviation Services:

  1. Civil Aviation Authority shall be responsible for issue, approve and renew flight licenses and other

__________________

(, 2) Superseded by law no. 136 of 2010

technical licenses regarding all works of civil aviation services as per the conditions of issuance, approval, or renewal which proposed by such authority and of which a decree by the competent Minister is issued.

  1. Civil Aviation Authority shall issue the previously mentioned licenses, after ensuring that the licenses applicant is qualified in terms of experience, knowledge, skill, age and health level. And shall, to that end, perform theoretical and practical tests in this respect.
  2. Civil Aviation Authority shall have the right to refrain from issuing, renewing, approve, or extending the validity of any license within its competence as per the provisions of the present Section. It shall, as well, have the right to withdraw, suspend or cancel the approval of the license, if it found a decreasing in the license’s applicant or holder’s level below the required level, or if he/she violates any of the provisions hereof.
  3. A licenses holder may not continue doing the works by which he/she is entitled to, if he/she knew or had reasons that make him/her believes that he/she is no longer able to do such works either temporarily or permanently due to his health State.
  4. The said license shall be deemed suspended if the holder thereof suffered:
    1. A wound that prevents him/her from doing the works he/she is entitled to do by virtue of the license.

b. A disease preventing him from performing the jobs he/she is authorized to do by the license. The one licensed, in such cases, is to notify Civil Aviation Authority of such in writing, in order to take the necessary procedures to undergo the medical examination approving the license he/she is granted again.

 

Article 50 (bis) ()- Approval of Aircraft and Aircraft Components Maintenance Organizations:

Civil Aviation Authority shall issue an approval to Egyptian or foreign companies providing maintenance for Egyptian aircrafts, components, engines or engine propellers in accordance with rules and procedures it defines. No Egyptian aircraft may be operated, unless upon the issuance of approval to the company providing the maintenance thereof.

 

 

_________________

() Added by Law no. 136 of 2010


The Operator shall be obliged to keep documents of airworthiness in accordance with rules defined by Civil Aviation Authority.

Civil Aviation Authority may suspend, terminate, or reduce the certification of any national or foreign company providing maintenance, if a decreasing in the technical competence level is detected.

 

Article 51-…………(1)

 

Article 52(2)                            Granting Temporary Authorizations for Aircraft Maintenance:

In case of using aircrafts of new models or developing new methods for checking, inspection and testing, Civil Aviation Authority may grant temporary permits to aircraft maintenance engineers, technicians and mechanics to perform specific tasks under the supervision of persons holding required permits or certifications.

 

Article 53-………….(3)

 

 

________________________

(1) Superseded by Law no. 136 of 2010

(2) Amended by Law no. 136 of 2010

(3) Superseded by Law no. 136 of 2010

Article 54                                          Personal Flight Logbook:

Each flight crew member of a registered aircraft in the State and each person flying for the purpose of being qualified; either for aviation education, finalization of its tests, or the issuance or renewal of one of the licenses thereof, shall keep a Personal Flight Logbook, and such logbook and data therein shall be approval by Civil Aviation Authority, and he/she shall also keep it and do not dispose of before obtaining a permit from such authorities.

 

Article 55                                          Aviation Education:

No person may train another person on aviation, for

the purpose of preparing him/her to obtain an aviation license unless the person in charge of training holds a valid license, issued or approval by Civil Aviation Authority, giving him the right to work as an aircraft Captain for those purposes and in circumstances where he/she provides the training, and unless such license includes an evidence of his/her competence as a flight instructor authorized to provide training. The competent Minister shall set the conditions of granting or approval of a license for flight instructor based on Civil Aviation Authority proposal.

 


Article 56 (*)                            Aviation Institutes and Clubs:

The competent Minister shall issue the decrees regulating the establishment and operation of aviation institute and clubs.

 

Chapter Six

 

Documents and Logbooks

 

Article 57                                          Carriage of Documents and Logbooks on Aircrafts:

  1. No aircraft may fly within the territory of the State during an international flight, unless it has the documents and logbooks required as per Chicago Convention and annexes thereof, as well as other documents and logbooks defined by Civil Aviation Authority.
  2. Civil Aviation Authority shall determine the documents and logbook required to be on aircrafts in domestic flights. Such authority may exempt any of such aircrafts from carrying such documents, logbooks or some of them, if such authority finds out reasons for exemption, provided that these documents are kept in a place specified by such authority.

________________________________

(*) Amended by Law no.136 of 2010

Article 58- …………...()

 

Article 59- ……………(2)

 

Article 60                            Keeping Documents and Logbooks:

Any Aircraft’s Owner or Operator shall, even if stopped using or investing it, continue keeping documents and logbooks of it as well as flight crewmembers’ logbooks, for the period defined by Civil Aviation Authority.

The Owner/ Operator shall, upon the aircraft’s transfer of title or right of investment, deliver all necessary documents and logbooks to the new Owner /Operator who, before operating the aircraft, shall get the documents and logbooks referred to. All the former Owner/Operator’s obligations shall be transferred to the new owner in this respect.

 

Article 61                            Documents Withdrawal/ Suspension

If any certificate, license, approval, permit or any other document issued by Civil Aviation Authority is determined to be withdrawn or suspended, the person to whom such document is issued or the person keeping it shall deliver it to such authority upon request or as soon as possible.

Article 62                            Safeguard of the Documents and Logbooks and Prohibiting Messing with and Misusing it:

Messing with any certificate, license, accreditation, permit, authorization, logbooks or any other documents determined to be used as per the provisions of this law shall be prohibited. Violating the data and trainings included therein shall be prohibited likewise.

 

Chapter Seven

 

General Provisions of Air Transport and Aerial Occupancy

 

Article 63                            Agreements between the Companies of Air Transport:

  1. The provisions of this Chapter shall apply subject to the provisions of Article (2) of this law.
  2. National air transport companies and establishment may not conclude agreements or mutual arrangements with foreign companies and facilities of Air Transport concerning joint operation or investment, or any commercial or technical operations, unless in accordance with terms and conditions specified by the competent Minister. None of such agreements or arrangements may be carried out, unless after being accredited by the Minister.

 

Article 64-……………….(*)

 

Article 65                            Establishment, Modification or cancellation of Airlines:

National and foreign air transport companies and establishment shall, before establishing, modifying or cancelling any of its airlines or modifying the number of flights it operates, obtain a prior approval from Civil Aviation Authority in accordance with the rules issued by the competent Minister.

 

Article 66                            Governmental Orders:

National and foreign air transport companies and establishment shall abide by all orders issued by Civil Aviation Authority, particularly with regards to the following:

  1. Air fares and prices and other relevant conditions, including operation quality and duration.
  2. Operation of any airline or airline group.

 

 

________________________

* Superseded by Law no. 136 of the year 2010


  1. Inspection of air transport companies and facilities’ offices and having access to necessary documents thereof.
  2. Issuing free and low cost tickets.

 

Article 67                                          Exchanging and Granting of Air Transport Commercial Rights:

No agreements, arrangements, measures may be concluded, made or taken regarding exchanging or granting of Air Transport commercial rights with any foreign entity except through Ministry of Civil Aviation.

 

Article 68 (*)                              Foreign Companies Agencies:

Subject to the provisions of Article (75) hereof, no foreign Air Transport companies, either operating within the territory of the State or not, may open an office unless upon the approval of Civil Aviation Authority and on the basis of the principal of reciprocity. Acting by proxy for companies and facilities of Air Transport within the territory of the State may not be carried out, unless after getting Civil Aviation Authority’s approval provided that the proxy is Egyptian national.

 

 

__________________________________________

(*) Amended by Law no. 136 of 2010

Article 69                            Domestic Commercial Air Transport:

No Foreign Aircrafts may transport passengers, cargo or mail between two points located within the territory of the State. Civil Aviation Authority, however, may grant a license for such carriage as per the public interest.

 

Article 70……….…..(*)

 

Article 71                            Duties of Air Transport Companies and Facilities:

  1. National and foreign air transport companies and establishment shall provide all information, data and schedules required by Civil Aviation Authority, as well as statistics related to the investment of the airlines thereof.
  2. Subject to the applicable rules and procedures of the State, a prior approval by Civil Aviation Authority shall be obtained to appoint all foreign employers working in aviation companies and facilities operating in the State.

 

 

__________________________

(*) Superseded by Law no. 136 of 2010


Chapter Eight

 

Air Transport Operations and Aerial Occupancy

 

Section One              Applicable Laws, Rules and Regulations

 

Article 72- ………….………()

 

Article 73- ………………….(2)

 

Article 74- ………………….(3)

 

Section Two              Establishment and Operation of Aviation Companies and Facilities

 

Article 75 (4)                            Establishment of Companies:

Without prejudice to the provisions of the laws governing the establishment of companies and facilities, no company or facility may be established to practice any of the civil aviation activities specified under a decree by the competent Minister, or adding one of such activities to existing companies unless upon his/her approval after submitting the technical and economic feasibility study. 

____________________________________

(,2 ,3)  Superseded by Law no. 136 of 2010

(4)       Amended by law no. 136 of 2010


The companies and facilities referred to in the preceding paragraph shall not practice the activity unless obtaining authorization to practice the civil aviation activity and the Air Operator Certificate (AOC).

 

Article 75 (bis)(1)              Issuance and Approval of the Type Certificate:

Subject to the provisions of Article (9) of this law, an aircraft, engine or engine propeller may not be produced unless upon obtaining the Type Certificate and Certificate of Production Efficiency. The product may not be modified unless upon obtaining a Supplementary Type Certificate in cases specified by the Civil Aviation Authority.

The certificates referred to in the preceding item shall be issued by the Civil Aviation Authority in the State of the manufacturer in accordance with conditions and specifications that it shall define and the civil aviation authority may approve or accept the Type Certificate or the Supplementary Type Certificate issued from a foreign country.

 

Article 76 - ………… (2)

___________________________________

(1)   Added by Law no 136 of 2010

(2)  Superseded by Law no 136 of 2010

Article 77(1) - Preliminary flights:

Subject to the provisions of Article (75) of this law, the Certificate of Operational Efficiency may not be granted to air transport companies before the preliminary flight(s) assuring the efficiency of the operation.

The air carrier may not be authorized to add a new model unless upon making a preliminary flight(s) assuring the efficiency of the operation.

The Civil Aviation Authority may exempt the Operator from making any preliminary flights if they’re deemed unnecessary. In such case, the first flight(s) shall be made in accordance with the conditions defined by the authority.

The Operator may not be allowed to carriage of people other than those who are required to operate the aircraft and the competent representatives of the civil aviation authority.  He/she may carry mail or goods during such flights.

 

 

 

 

 

___________________________________

(1)   Amended by Law no 136 of 2010

Section Three                            Operations Manuals and Flight Manual

 

Article 78..…….(1)

 

Article 79 ...….. (2)

 

Article 80                             Flight Manual

The Operator shall provide a manual, approved by the civil aviation authority of the State of the aircraft manufacturer, for every aircraft he/she operates, including the information needed by the aircraft crew to do their duties at the desired level of safety, whether in normal or emergency circumstances

This manual must include information about the aircraft and its engines, equipment, instruments, normal and emergency procedures of operation, performance and the prescribed limits of operating.

 

Article 80 (bis)(*)              Compliance with Preparing Work Manuals:

The operator has to prepare the work manuals specified by the civil aviation authority for each activity provided

_______________________________

(1), (2) Superseded by Law no 136 of 2010

(*) Added by Law 136 of 2010

that they include the rules of operation, maintenance, training, operations, security and any other manuals specified by such authority in accordance with the type of activity practiced to be used as a guide by the staff. The manual must include the duties and responsibilities of the staff and whatsoever helps them to do their jobs and the relevant services to ensure the safety of operation and performance.

The manuals may not include any instructions or information contradicting the provisions of laws, decrees, regulations or rules applicable in the State that are issued by Civil Aviation Authority therein. These manuals or their amendments shall not be put into consideration unless upon being approved or accredited by such authority

 

Article 81 -…….. (1)

 

Article 82 - ……. (2)

 

Section Four                            Aircraft Crew

 

Article 83                            Crew’s Formation:

  1. The Civil Aviation Authority may decide, for all or some flights, to add a member or more to the
    ________________________

(1), (2) Superseded by Law no 136 of 2010

aircraft flight crew in addition to the formation prescribed in the aircraft’s  airworthiness certificate and Flight Manual if deems to be necessary to ensure the aviation safety.

  1. A member of the flight crew may not be, while forming thereof, assigned the duties of two or more members of the aircraft cabin crew in any flight.
  2. The civil aviation authority shall specify the number of the cabin crew who do works relating to the passengers’ safety and service.

 

Article 84  ………..(1)

 

Article 85(2)                            Testing Pilots’ Competency:

The Operator shall ensure that the competency of the pilots and their ability to confront emergencies are tested in a practical way that ensures the required ability in accordance with the rules defined by the civil aviation authority.

 

Article 86 (3)– Specifying Flight Times, Work and Rest Periods:

 

________________________

(1) Superseded by Law no. 136 of 2010

(2) Amended by Law no.136 of 2010

(3) Item (2) is superseded by Law no 136 of 2010

  1. The Civil Aviation Authority shall define the rules and instructions specifying the flight times, work and rest periods for the flight crew.
  2. ……………………..

 

Article 87                            Logbooks of Flight times and Work Periods:

  1. The Operator shall keep a complete and accurate logbook for every crew member where flight times and work periods are illustrated in accordance with the rules and instructions defined by the Civil Aviation Authority.
  2. The Operator shall keep such logbooks for five years following the end of aviation period for each crew member

 

Section five              The Aircraft’s Devices and Equipment

 

Article 88 …………. (*)

 

Section six                            Aircraft loading

 

Article 89                            Aircraft loading:

The Operator shall allow loading of aircraft only  ____________________________________

(*) Superseded by Law no 136 of 2010

under the supervision of a trained person whom the Operator provided with sufficient information instruction in writing about the distribution and fixing of the cargo in a way ensuring the following:

  1. Accomplishment of the safe transport of the cargo throughout the flight.
  2. The implementation of rules and instructions issued in this respect including any conditions stipulated in the Airworthiness Certificate of the aircraft and aviation guide.

 

Section Seven                            Air Operations

 

Article 90                            Air Operation Monitoring:

The Operator or his/her representative shall be responsible for monitoring air operations of his/ her aircraft to ensure performing such in accordance with the prescribed safety levels and pursuant to the provisions of the laws, rules and regulations issued thereon.

 

Article 91(*)              Appointing the responsible aircraft pilot-in-command:

 

________________________

(*) Amended by Law no. 136 of 2010

The Operator shall not allow any flights unless after appointing one of the pilots as the aircraft’s pilot-in-command.

The aircraft pilot-in-command shall be responsible for operation and safety of the aircraft, and also the safety of the passengers on board during the flight and he shall have the right to take the necessary measures to maintain the order on board and to implement the applicable rules in this respect.

All the people on board shall implement the orders issued by the aircraft pilot-in-command in this respect.

 

Article 92                            The flight crew members keeping in Their Positions:

A flight crew member may not be allowed to leave his/her position during the flight or to unfasten the seat belt unless when necessary or to accomplish tasks related to the aviation operations.

Every crew member must, throughout the taking-off and landing, stay in his position and keep the seatbelt and shoulder harness fastened around him. Those who do not sit in the pilot’s seat may unfasten the shoulder harness only if they hinder him from doing the tasks entrusted to him freely.

 


Article 93 ………… (*)

 

Article 94                            Entering the cockpit:

  1. No person may be allowed to enter the cockpit except for being on of crew members, an inspector or a supervisor appointed by the Civil Aviation Authority, or a person assigned by the operator or the Civil Aviation Authority, to do a specific task during the flight. In the latter case, the aircraft pilot-in-command must be informed, however that shall, in no way, detract the authority of the aircraft captain, in emergencies, to prevent anyone from entering or getting out of the cockpit if he believes that the safety of the aircraft requires that.

2-              Any one allowed to enter the cockpit must have one of the passenger seats unless he/she has a seat in the cockpit.

 

Article 95                            Reporting the Flight Dangers:

If the aircraft captain encounters any unusual weather conditions or notices unusual performance of the air navigation aids that may constitute a danger, he/she must inform the Air Traffic Services Unit responsible for such conditions. Also, he must report

______________________

(*) Superseded Law no 136 of 2010.

any other conditions that may endanger the flight safety.

 

Article 96                            Reporting the aircraft instruments defects:

The aircraft captain must record, in the aircraft’ technical logbook, any defects or unusual performance of one of the aircraft instruments that may occur or be noticed during the flight And he/she shall, prior commencing the flight, make sure of the procedures taken with respect to any defects or notices previously recorded in the aircraft’s technical logbook during the previous flight.

 

Article 97                            Guiding the Passengers:

  1. The operator shall take the procedures sufficient to ensure guiding the passengers to the places and usage of seats belts, the emergency exits, lifebuoys, oxygen respirators and other emergency equipment prepared for individual or collective usage.
  2. In emergency cases during the flight, the passengers must be guided to the emergency procedures required for such cases.

 


Chapter Nine             

 

Aviation Accidents and Incidents

 

Article 98(*)                             Competencies of department competent of the aircrafts’ accidents:

The department competent of the aircrafts’ accidents in the civil aviation competent Ministry shall be competent of the following:

  1. Receiving notifications and following-up the investigation in aircraft’s accidents and incidents that occur in the State’s territory or  that happen to the Egyptian civil aircrafts on high seas or above lands that are not owned to any State.
  2. Notifying the State and the concerned bodies of the accident as soon as possible.
  3. Presenting the necessary recommendations to the competent Minister if it is found, through the investigation and before publishing its findings, that there is one or more factors threatening the aviation safety to take the necessary actions, at his/her discretion, in this respect.
  4. Establishing the necessary recommendations to prevent the recurrence of accidents and incidents to secure the safety of aviation in the future.

_________________________

(*) Amended by Law no. 136 of 2010

The competent Minister shall determine the rules and procedures of investigating the aircraft’s accidents and incidents.

The head of aircraft’s accidents investigations department shall have the right to prevent from flying the aircrafts involved in the incident he deems to be investigated.

 

Article 98 (bis)(*)                            The Meaning of Aircrafts’ Accidents and Incidents:

An aircraft’s accident is every incident related to the aircraft’s operating at any time starting from the first person gets on the aircraft for flying purpose till the last person on board gets off, if one of the following happens as a result to such incident:

  1. If any person has been fatally or seriously injured as a result of his/ her presence on board, or his/ her direct contact to any of the parts attached to or detached from the aircraft, or if his/ her direct  exposure to the burning jet exhaust, excluding the injuries resulting from natural causes or those caused by the person himself/ herself or by other persons,  which the accident has nothing to do with,

 

____________________

* Added by Law no.136 of 2010

and the injuries caused to an intruder person hiding in places not usually allowed to the passengers or to the aircraft’s crews’ members.

  1. A damage or structural defect that would badly affect the aircraft’s structural strength, performance or flight characteristics; and that requires major repair or replacing the damaged Part s, excluding the engine’s failure or damage only when it’s limited to the engine, its cowls, accessories, propellers, the edges of the wings, antennas, tires, brakes, fairings, the small skin wrinkling or the small holes in the surface or on the skin of the aircraft.

 

An aircraft’s incident is every incident to which the definition of an aircraft’s accident illustrated in the present Article doesn’t apply, and that is related to the aircraft’s operating and would affect the safety of operating or would endanger the aircraft.

 

Article 9(*)                            Notification of an Aircraft’s Accident or Incident:

Each crew member must notify the nearest competent authority, upon the occurrence of an
_________________________

(*) Amended by Law no. 136 of 2010

accident to his/her aircraft, if in a condition allowing him/her such.

Each aircraft captain must, upon detecting another aircraft’s accident in the air, notify the Air Control Unit of such accident.

The operator shall notify the aircrafts’ accidents department and the civil aviation authority of his/her aircraft’s accidents once he is aware of such.

Aerodromes’ Heads, aircrafts’ captains and operators must notify the aircrafts’ accidents department and the Civil Aviation Authority of the aircrafts’ incidents once they are aware of such.

 

Article 99 (bis)(*)                            Forming Aircraft’s Accidents Investigation Committees:

A committee of three members at least formed under a decree by the competent Minister shall conduct the technical investigation of the aircraft’s accident. The committee may get help from whoever it considers of a special expertise to participate in the investigation in a consultative capacity and the civil aviation competent ministry shall incur the expenses, the travel allowance, committee’s members and the assisting experts’ bonuses, the expenses of the flight and
_________________________________

(*) Added by Law no. 136 of 2010

laboratory tests and the technical researches required by the investigation. A committee member may not be isolated, during the investigation, unless upon a reasoned decree issued by the Minister.

The investigation committee shall have the right to summon persons, to question witnesses and to request them to present whatever information, documents or things that it considers essential to reveal the truth and shall reserve whatever considered necessary and shall take the required measures to move the aircraft, its parts, wreckage or the entire or part of cargo to carry out the necessary tests thereon.

 

Article 100 - ……………… (1)

 

Article 101(2)                            The Duties of the Local Authorities upon an Aircraft’s Accident or Incident:

Subject to the provision of Article (98), item (b) of this law, the competent authorities must, upon the occurrence of an aircraft accident, maintain the parts of the aircraft, all its assets and wreckage and not to move them unless for the purpose of saving people, taking out valuable things or mail, firefighting or if the
 

_____________________________________

(1)  Superseded by Law no.136 of 2010

(2)  Amended by Law no.136 of 2010

aircraft or its wreckage endangers the people or the properties and till the investigation committee arrives and issues instructions in this respect without prejudice to the competencies of the judicial investigation authority.

In all cases, when it is possible, the parts, the assets and wreckage shall be, when practical, photographed before partly or totally moved or have their position modified.

 

Article 102 - …………………… (1)

 

Article 103 - ………………….... (2)

 

Article 104 – Allowing the States’ Representatives to participate in the investigation:

  1. Representatives of the following may participate in the investigation of the Egyptian aircrafts’ accidents in the State’s territory:
  1. The State of the operator if not has the Egyptian nationality.

 

 

 

 

________________________________________

(3, 4) Superseded by Law no.136 of 2010

  1. The State of the manufacturer if the investigation includes some points relating to airworthiness.

The representative of the State shall have the right to accompany one or more consultants to help him/ her during the investigation.

  1. In case of a foreign aircraft’s accident occurring over the Egyptian territories, each of the countries referred to hereinafter shall have the right to designate a representative to participate in the investigation and he/she shall be entitled to seek the assistance of one or more of the consultants.
  1. The State of registration of aircraft.
  2. The State of the operator.
  3. The State that provides useful information for the investigation if it is asked to do so.
  4. The State of the manufacturer if its participation in the investigation is deemed necessary.
  1. The representative of the State participating in the investigation shall have the following rights:
  1. To visit the place of accident.
  2. To examine the wreckage.
  3. To question and discuss the witnesses.
  4. To view all the relevant evidences.
  5. To obtain a copy of all the documents closely relevant to the accident.
  6. To make observations in writing about the different elements of the investigation.

 

Article 105                                          Representing of the State in the Investigation of the Egyptian Aircrafts’ Accidents Abroad:

In case of an Egyptian aircraft’s accident occurring over the territories of a foreign State, the competent Minister shall designate the State’s representative and his/her consultants to participate in the investigation carried out by the authorities of such State.

 

Article 106(*)                            Judicial Arrest

The head of the aircrafts’ accidents department, his/her assistants, the members of the investigation committee and those of special expertise assisting the committee of the Egyptians joining it, shall have the right of judicial powers of arrest, and shall accordingly, have the right to enter the scene and other relevant places, and to carry out the inspections and take the necessary measures to maintain the aircraft, its parts, wreckage or cargo at the scene; and to view the documents, logbooks,  references, drawings and papers.

 

_____________________________________

(*) Amended by Law no.136 of 2010

Article 107                                          Security Authorities and the Administrative Bodies’ Assistance to the Investigation Committees:

The security authorities and the administrative bodies, within the respective competencies, shall take the necessary procedures to facilitate the work of the investigation committees; particularly providing them with all official documents prepared about the accident and shall do the works of rescue and succor, transfer of the injured, putting out fires and removing the dead bodies, while keeping the accident’s remnants as they in compliance with the instructions issued by the investigation committees to facilitate their task.

 

Article 108(*)                            The Investigation Committee’s Report:

The investigation committee shall submit, to the head of the competent accidents’ department, reports about the accident/ incident, the reasons and the surrounding circumstances and shall submit the accident’s final report to be viewed by the competent Minister to be approved.

The head of the accidents’ competent department shall inform the relevant States and bodies, indicated under a decree issued by the competent Minister, about the reports referred to in the preceding paragraph.

________________________________________

(*) Amended by Law no.136 of 2010

If the investigation committee finds, a criminal suspicion behind the accident, it must inform the Public Prosecution

 

Article 109 - …………….. (*)

 

Article 110                            Aircraft Accidents’ Re-investigation:

The competent Minister may issue a reasoned decree to re-investigate the aircraft accident if essential information that was not known by the committee in charge of the previous investigation comes out.

 

Article 111                            The authenticity of the Investigation Committee’s final report’s proceedings:

The proceedings included in the final report set by the investigation committee about the aircraft’s accident shall be deemed authentic until proved otherwise.

 

Chapter Ten             

 

Search and Rescue (SAR)

 

Article 112                            The meaning of search and rescue:

Search and rescue are every aid provided, even by notification only, to the aircraft that is being exposed to

_______________________

* Superseded by Law no.136 of 2010

destruction, threatened by a danger or some difficulties or anything that reason to doubt or concern for its safety, including the aid provided to the passengers thereof.  

 

Article 112 (bis)(1)                            SAR Organizing:

The SAR center affiliated to the Ministry of Defense shall be considered a main center that is responsible for searching and rescuing works in coordination with any other centers or other external and internal bodies.

The Civil Aviation Authority shall announce the areas of searching and rescuing under the responsibility of the State and that are specified by the SAR center.

 

Article 113 - ………………….. (2) 

 

Article 114                                          Commitment to offer Search and Rescue (SAR) Aid:

No person or organization may refrain from providing any search and rescue aid; when having the ability to provide it, whenever such is requested by the competent authorities, with the nature of its work shall enable such to offer such aid.

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1 Added by Law no.136 of 2010

2 Superseded by Law no.136 of 2010

Article 115(1)                            Access Authorization into Prohibited Areas for SAR Purposes:

The Competent authorities are to allow the entrance of all means of SAR to any prohibited areas, if the aircraft being searched f