1.

Legal framework

1.1

Which legislative and regulatory provisions govern the aviation sector in your jurisdiction?

1.2

Which bilateral and multilateral instruments on aviation have effect in your jurisdiction?

1.3

Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have?

1.4

What is the regulators’ general approach in regulating the aviation sector?

2.

Licensing and market access

2.1

What licences are required to provide aviation services in your jurisdiction? Does this vary depending on route?

2.2

What nationality requirements must be satisfied to obtain a licence?

2.3

What financial requirements must be satisfied to obtain a licence?

2.4

What other requirements must be satisfied to obtain a licence? Do specific requirements or restrictions apply to foreign operators?

2.5

What is the procedure for obtaining a licence?

3.

Safety and maintenance

3.1

What key safety requirements apply to operators in your jurisdiction?

3.2

What key maintenance requirements apply to operators in your jurisdiction?

3.3

Do these requirements differ depending on whether the operator is providing commercial, cargo or private services?

3.4

What are the potential consequences of breach of the safety and maintenance requirements?

3.5

What best practices in relation to safety and maintenance should operators consider adopting in your jurisdiction?

4.

Consumer protection

4.1

What rights do passengers enjoy in your jurisdiction in relation to: (a) Flight delays or cancellations? (b) Overbooking? (c) Denied boarding for other reasons? (d) Baggage delay, damage or loss? and (e) Disabled access?

4.2

Are airfares regulated in your jurisdiction? What other requirements apply to the pricing and sale of flights?

4.3

What other marketing and advertising requirements apply to operators in your jurisdiction?

4.4

What requirements apply in relation to the retention and protection of passenger data in your jurisdiction?

4.5

What other general consumer protection requirements are of relevance for operators in your jurisdiction?

4.6

How are consumer complaints in relation to aviation services handled in your jurisdiction?

5.

Accidents and liability

5.1

What is the applicable aviation liability regime in your jurisdiction?

5.2

What insurance requirements apply to operators in your jurisdiction?

5.3

What body is responsible for investigating accidents in your jurisdiction and what procedure will it follow in doing so?

5.4

What reporting requirements apply to accidents and incidents in your jurisdiction?

6.

General operation

6.1

What requirements apply to charter services in your jurisdiction?

6.2

What requirements apply to the carriage of cargo in your jurisdiction?

6.3

What environmental requirements apply to operators in your jurisdiction?

6.4

How are aviation services taxed in your jurisdiction? Do any special tax regimes apply to this sector? What indirect taxes are of relevance to operators?

6.5

What is the applicable employment regime in your jurisdiction and what specific implications does this have for operators in the aviation sector?

7.

Ownership, financing and leasing

7.1

What body administers the aircraft register in your jurisdiction?

7.2

What are the formal and documentary requirements for registration?

7.3

What is the process for registration?

7.4

Is registration of real estate rights, transactions and encumbrances mandatory? What are the consequences of failure to register?

7.5

What operational requirements are of relevance for aircraft lessors and financiers in your jurisdiction?

7.6

What rules govern the detention and seizure of aircraft

8.

Airports

8.1

How are airports owned and regulated in your jurisdiction?

8.2

What requirements must be satisfied to obtain airport authorisation in your jurisdiction? What is the procedure for obtaining authorisation?

8.3

What key safety and maintenance requirements apply to airports in your jurisdiction?

8.4

What requirements can airports impose on operators that use their facilities?

8.5

How are the following regulated in your jurisdiction: (a) Airport charges? (b) Slot allocation? (c) Air traffic control? and (d) Ground handling?

9.

Competition

9.1

What specific challenges or concerns does the aviation sector present from a competition perspective? Are there any pro-competition measures that are targeted specifically at operators?

9.2

How are forms of industry cooperation such as pooling, code-sharing, alliances and joint ventures treated from a competition perspective?

9.3

Does the aviation sector in your jurisdiction benefit from state aid? What forms does this typically take and what rules apply in this regard?

9.4

Are there any applicable obligations or incentives to ensure service on routes that are socially desirable, but not commercially viable (eg, to remote areas)?

10.

Disputes

10.1

In which forums are aviation disputes typically heard in your jurisdiction?

10.2

What issues do such disputes typically involve? How are they typically resolved?

10.3

Have there been any recent cases of note?

11.

Trends and predictions

12.

Tips and traps

Comparative Guides

Login to Mondaq.com

Why Register with Mondaq

Your Organisation