Tanzania
Civil Aviation Act
Tanzania Licensing of Air Services Regulations, 1986
Government Notice 463 of 1986
- Published in Tanzania Government Gazette
- Commenced on 14 July 1985
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (regs 1-2)
1. Title
These Regulations may be cited as the Tanzania Licensing of Air Services Regulations.2. Interpretation
In these Regulations, except where the context otherwise requires—"airline" means an air transport enterprise offering or operating an air service;"air service" means any service performed by an aircraft for hire or reward;"Appeal Tribunal" means the Appeal Tribunal established under regulation 37;"contracting state" means a state, other than the United Republic, that is a party to the Chicago Convention;"Director-General" means the Director-General of Civil Aviation;"enforcement officer" means any person appointed as an enforcement officer under regulation 47;"foreign aircraft" means an aircraft registered elsewhere than in the United Republic;"licence" means an air service licence granted under the provisions of these Regulations;"licensing authority" means the Tanzania Civil Aviation Authority, which in respect of short-term or provisional licences for air services within the United Republic and short-term licences for non-scheduled air services between the United Republic and any other state, may authorise any officer in its Secretariat to perform its functions on its behalf;"Minister" means the Minister for the time being responsible for matters relating to civil aviation;"provisional licence" means a licence granted under regulation 20;"scheduled air service" means one of a series of services which are operated between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them;"short-term licence" means a licence in force for a period not exceeding seven days.Part II – Licensing of internal air services (regs 3-13)
3. Internal air services to be licensed
No person shall use an aircraft within the United Republic for the provision of any air service except under and in accordance with the terms of a licence granted by the licensing authority under these Regulations to that person.4. Conditions attached to licences for internal air services
5. Application for licence
6. Publication of application for licence
The licensing authority shall, within fourteen days after the receipt of an application for a licence other than an application for a short-term licence referred to in paragraph (4) of regulation 5 cause to be published in the manner prescribed in regulation 35, a notice containing the particulars of the application specified in Schedule B to these Regulations and specified a date, not less than twenty-eight days after the publication of the notice, by which any representations or objections with regard to the application must be made to the licensing authority.7. Objection to licences
Every representation or objection with regard to an application for a licence shall be in writing, shall state the specific grounds on which it is based, shall specify any conditions which it may be desired should be attached to the licence if granted and shall be signed by the representor or objector. If the representation or objection is made by any corporate body or partnership firm, it shall be signed by a person duly authorized in that behalf by such body, or a partner of the partnership firm as the case may be. A copy of every such representation or objection shall be sent by the person making the same to the applicant for the licence at the same time as it is sent to the licensing authority.8. Sanction of the licensing authority
Subject to the provisions of paragraph (4) of regulation 5 every application for a licence or a variation of a licence and every representation and objection thereto made in accordance with the provisions of regulation 7 shall, at a time and place to be notified thereby, be considered by the licensing authority which shall, at the request of the applicant or of the representor or objector, examine such application, representation or objection in public.9. Grant and duration of licences
The licensing authority may grant licences in accordance with the provisions of these Regulations and such licences shall, subject to the provisions of regulations 12 and 31, continue in force for such period, not exceeding two years in the case of an initial issue of a licence or five years in the case of a subsequent licence from the date on which the licence is expressed to take effect, as may be specified by the licensing authority:Provided that if, on the date of the expiration of a licence, an application has been made for the grant of a new licence in substitution for the existing licence held by the applicant, such existing licence shall continue in force until such application has been determined.10. Matters to be taken into account
In exercising its discretion under regulation 9 of these Regulations, the licensing authority shall have regard to the co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical overlapping and generally to the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing such facilities. In particular and without prejudice to the generality of the foregoing, the licensing authority shall have regard to the following matters—11. Reasons for decision
In any case in which the licensing authority refuses to grant or amend a licence, or grant or amends a licence which differs from the licence or amendment for which application has been made, or imposes conditions to which the applicant objects or grants a licence despite an objection, the Licensing Authority shall, if required by the applicant or objector to do, state in writing the reasons for its for decision upon the payment of an appropriate fee by the applicant or objector.12. Revocation or suspension of a licence
13. Publication of decision
Particulars of the decisions of the licensing authority—Part III – Licensing of international air services (regs 14-19)
14. Scheduled international air services
15. International airline licence
16. Suspension, amendment or cancellation of international airline licence
The licensing authority may amend, suspend or revoke an international airline licence if—17. Operating authorization
18. Non-scheduled flights
19. Non-scheduled flights by foreign aircraft not possessing nationality of a Contracting State
Part IV – General provisions relating to licences (regs 20-36)
20. Provisional licences
The licensing authority may, if it thinks fit, pending the determination of an application for a licence, grant to the applicant a provisional licence which shall remain in force until the application is determined.21. Amendment of licences
22. Form of licences
A licence and an operating authorization shall be in such form as the licensing authority considers suitable to meet the requirements of any particular application approved by the licencing authority.23. Conditions attached to all licences
It shall be a condition of every licence that the requirements of any law relating to aviation for the time being in force in the United Republic and any air traffic control procedure for the time being in force in the United Republic shall be complied with at all times during the currency of the licence in connexion with all flights performed under the licence.24. Transfer of licences
A licence shall not be capable of being transfered or assigned:Provided that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence, or of the appointment of the receiver or manager or trustee in relation to the business of the holder the person for the time being carrying on that business, shall if within fourteen days application is made for a new licence, be entitled to perform the air service authorized by the licence subject to the conditions and the obligations thereof until the application is determined. For the purpose of this regulation, transfer of a controlling interest in business is assumed to include transfer of the operating licence25. Confidential information
Nothing in these Regulations shall require a disclosure by the applicant for a licence to any person, other than the licensing authority, of information as to his financial resources, and any such information received by the licensing authority from an applicant shall be treated as confidential.26. Licence includes provisional licence
Any reference to a licence in regulation 3, 4, 24, 25, 29, 30, 36, 45 or 46 shall be construed as including a reference to a provisional licence.27. No continuing benefits
Nothing in these Regulations shall be treated as conferring upon the holder of a licence or upon any other person, any right to the continuance of any benefits arising from the provision of these Regulations or from any licence granted thereunder or from any conditions attached to any such licence.28. Licence holder's aircraft to carry mail
29. Returns
30. Production of licence
The holder of a licence shall produce such licence for examination if required to do so by the licensing authority or any person in that behalf authorized, or by any police officer of or above the rank of sub-Inspector or by any person duly authorized by the licensing authority in that behalf, but may elect whether to produce it at an aerodrome used in connexion with air service authorized by the licence or at his head office or principal place of business.31. Surrender and cancellation of licences
32. Loss or destruction of licences
If a licence has been lost, destroyed or defaced the holder thereof shall forthwith notify the licensing authority which shall, if satisfied that it has been so lost, destroyed or defaced, issue a duplicate, so marked, and the duplicate so issued shall have the same effect as the original licence:Provided that, in the case of a licence that has been defaced, the duplicate shall be so issued only after surrender of the original to the licensing authority.33. Change of name and/or address of licensee
The holder of a licence shall, if he changes his name and address during the currency of the licence, notify such change to the licensing authority within 14 days after the date of such change and shall, at the same time, send or deliver the licence to the authority; and the authority shall thereupon endorse upon the licence the licence holder's new name and/or address and return the licence to him forthwith.34. Records
35. Publication of notices, etc.
Wherever by these Regulations it is provided that the licensing authority shall cause to be published a notice, publication for such notice shall be made in the Official Gazette of the United Republic, and in the local press.36. Application and licence fees
Part V – Appeals from decisions of licensing authority (regs 37-42A)
37. Establishment of Appeal Tribunal
38. Appeals to Appeal Tribunal
Subject to these Regulations, any person aggrieved shall have a right of appeal on a matter of law only from the whole of any part of any decision of the licensing authority in respect of any licence or application under these Regulations:Provided that a person who has made representations only in respect of an application shall not be considered to be a person aggrieved:Provided further that this regulation shall not apply to licences, operating authorizations or applications made under Part III of these Regulations.39. Procedure on appeals
40. Sittings of Appeal Tribunal
41. Hearing of appeals
42. Determination of appeals by Appeal Tribunal and Minister
42A. Appeal against decision of the Minister
Part VI – Offences and penalties (regs 43-48)
43. Illegal use of aircraft
Any person who uses an aircraft in contravention of the provisions of regulations 3, 14, 18 or 19 of these Regulations shall—44. Evidence and proof
In any proceedings for an offence under the Regulations—45. False information
Any person who knowingly supplies any false or misleading information touching any matter which is material to any application or appeal to the licensing authority or to any member, servant or agent of the licensing authority, or to the Director-General shall be guilty of an offence and shall be liable to a fine not exceeding one thousand shillings or in the case of a second or subsequent offence to a fine not exceeding twenty thousand shillings or in default of payment thereof to imprisonment for a term not exceeding two years.46. Contravention of Regulations or conditions of licence
Any person who contravenes or fails to comply with any of the provisions of these Regulations or of any terms or conditions of a licence granted under the provisions of these Regulations shall be guilty of an offence and, except as otherwise provided for in these Regulations, shall be liable to a fine not exceeding one thousand shillings or, in the case of a second or subsequent offence, to a fine not exceeding twenty thousand shillings or, in default of payment thereof, to imprisonment for a term not exceeding two years and, in the case of the holder of a licence granted under these Regulations, any penalty imposed under the provisions of this regulation shall be without prejudice to powers of revocation or suspension of such licence by the licensing authority under regulations 12 and 16.47. Appointment and powers of enforcement officers
48. Procedure on detention or recall of aircraft
Where an enforcement officer detains an aircraft or recalls an aircraft already in flight he shall, unless he is of the opinion that, due to the nature of the offence, the aircraft is likely to be allowed to proceed on its flight within a period not exceeding three hours, immediately report such detention or recall to the Authority:Provided that under no circumstances whatsoever shall an enforcement officer detain an aircraft for more than three hours from the time of its intended departure or from the time of landing after being recalled unless such longer detention has been authorised under this regulation.History of this document
31 July 2002 this version
Consolidation
14 July 1985
Commenced