Pursuant to the legislation regarding to operate a commercial
airline, as a preliminary condition to transport passengers or
cargo or passengers and cargo against compensation for commercial
purposes or to engage in other commercial activities, individuals
and legal persons must obtain the authorization from Ministry of
Transport, Maritime Affairs and Communication
Authorization may be subject to certain conditions and time
limit and will not be issued in cases where the national security
or public order may be jeopardized or individuals or charter
members of legal persons and their authorized officials have been
convicted of disgraceful acts like embezzlement, graft, corruption,
bribery, theft, swindling, forgery, abuse of confidence, fraudulent
bankruptcy, smuggling offenses other than for personal use and
consumption, acts of duplicity in public tenders, purchases, sales,
disclosure of state secrets.
Individuals or legal persons to engage in air transportation of
passengers or cargo passengers and cargo for commercial purposes
for compensation must obtain operator's certificate from MTMC
in addition to the authorization as referred above.
The application shall be reviewed by the MTMC for adequacy and
in consideration of national interests. During this review an
appraisal shall be made of the operation to be established with
regard to the national economy, national security, national
transportation policy and principles of planned development. For
this purpose the MTMC may consult the concerned ministries and the
State Planning Organization.
Individuals and legal persons who have obtained the
authorization shall apply to the MTMC for an operator's
certificate, stating that they have implemented the projects
attached to their application for said authorization.
The MTMC having ascertained, after necessary reviews and
inspections, that the projects were implemented, shall issue the
certificate. The operator's certificate is not transferable.
The certificate shall in particular mention the commercial title of
the certificate holder, the type of transportation, regions or
routes to be served and the restrictions specified in the
The certificate holder must carry out the operations of his
enterprise in strict compliance with the terms and conditions set
out in the certificate. The obligation to carry and conduct air
services is determined according to the conditions stipulated in
the authorization document.
To ensure air traffic safety, all public agencies and
organizations and natural persons and private law corporate bodies
operating Turkish civil aircraft are subject to technical
inspections to be made or have made by the MTMC.
Certificate holders are obliged to furnish all technical and
financial information required for the inspection.
Should the certificate holder act in contravention to the
aforementioned provisions and fails to take action within the
period to be specified in the notification of the MTMC, the
certificate may, at the expiry of such period, be suspended or
Transportation of passengers, mail, and freight by air for
commercial purposes between two locations within the boundaries of
Turkey can only be provided by Turkish registered aircrafts.
Provisions applicable to foreign operators who are to run
airline services between foreign countries and Turkey shall be
determined by the MTMC based on bilateral and multilateral
agreements and the principle of reciprocity.
By effectiveness of the Law No: 5431, Turkish Civil Aviation
Authority ("TCAA") as and holder of public corporation
status. With special budget is authorized and responsible to
implement and follow up any policies established or to be
established by the MTMC and to take the necessary measures in order
to prevent any actions contrary to the regulations for civil
aviation activities since November 10, 2005.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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