Principal Legislation
Log in

Login to your account

Username *
Password *
Remember Me



CIVIL AVIATION AUTHORITY ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
PRELIMINARY.

   1.   Scope of application.

   2.   Interpretation.

PART II
ESTABLISHMENT, OBJECTIVES, FUNCTIONS AND POWERS OF THE AUTHORITY.

   3.   Establishment of the authority.

   4.   Seal of the authority.

   5.   Objective of the authority.

   6.   Functions of the authority.

   7.   Powers of the authority.

PART III
BOARD OF DIRECTORS.

   8.   Board of directors.

   9.   Qualifications of members of the board.

   10.   Termination of appointment.

   11.   Functions, duties and powers of the board.

   12.   Meetings of the board.

   13.   Remuneration of members.

PART IV
STAFF.

   14.   Managing director.

   15.   Duties of the managing director.

   16.   Deputy managing director.

   17.   Corporation secretary.

   18.   Other staff.

PART V
FINANCIAL PROVISIONS.

   19.   Sole shareholder.

   20.   Funds of the authority.

   21.   Commercial ventures.

   22.   Estimates.

   23.   Borrowing powers.

   24.   Financial year.

   25.   Authority to operate on sound financial principles.

   26.   Accounts.

   27.   Audit.

   28.   Business plans.

   29.   Charges and fees.

   30.   Annual report.

   31.   Consultation by the authority.

PART VI
CIVIL AVIATION.

   32.   Chicago Convention and other agreements.

   33.   Air navigation services.

   34.   Air regulations.

   35.   Aeronautical Information Service.

   36.   Technical services.

   37.   Meteorological services.

   38.   Investigation of occurrences.

   39.   Assessment and inspectors.

PART VII
AIR TRANSPORT AND INTERNATIONAL OBLIGATIONS.

   40.   International obligations.

   41.   Authority's permission and establishment of fares, etc.

   42.   Air operators certificate.

   43.   Appeals tribunal.

   44.   Appeal to appeals tribunal.

PART VIII
AERODROMES.

   45.   Establishment of aerodromes.

   46.   Zoning and land use control.

   47.   Trespassing.

   48.   Customs, immigration and health.

   49.   Liability.

Part IX
SECURITY AND POLICING.

   50.   Security regulations.

   51.   Passenger screening.

   52.   Aerodrome security.

   53.   Police.

   54.   Inspection of aircraft.

PART X
MISCELLANEOUS PROVISIONS.

   55.   Directions by the Minister.

   56.   Delegation by the Minister.

   57.   Personnel management.

   58.   Nuisance and liability for damage.

   59.   Company, etc. not to contravene the Act.

   60.   Actions of the authority not invalid.

   61.   General regulations.

   62.   Power to take action.

   63.   Exemption.

   64.   War and emergencies.

PART XI
TRANSITION.

   65.   Government to provide funds to the authority.

   66.   Saving.

      Schedule   Meetings of the board.

CHAPTER 354
CIVIL AVIATION AUTHORITY ACT.

Commencement: 8 February, 1991.

   An Act to provide for the establishment of the Civil Aviation Authority, its duties, powers and management and for other matters connected therewith.

PART I
PRELIMINARY.

1.   Scope of application.

   (1) This Act shall extend to all aircraft operating in Uganda airspace, whether the aircraft is of foreign or Uganda registry, and to Uganda aircraft operating outside of Uganda territory.

   (2) This Act shall not apply to State aircraft except where it is expressly stated.

   (3) Notwithstanding subsection (2), in the interest of safety, all aircraft shall be subject to the safety provisions of this Act relating to the rules of the air and air traffic services.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "accident" includes any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened;

   (b)   "aerial work" means any purpose, other than public transport, for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;

   (c)   "aerodrome" means any definite and limited ground or water area (including any building, installation and equipment) used or intended to be used, either wholly or in part, for the arrival or departure or surface movement of aircraft;

   (d)   "aircraft" includes all flying machines, aeroplanes, seaplanes, flying boats, helicopters, gliders and other aircraft designed to be heavier than air, also all airships and balloons and other aircraft designed to be lighter than air;

   (e)   "air navigation service" includes—

      (i)   communication services, whether ground to air or ground to ground, provided for the safety of aircraft;

      (ii)   navigational services, that is to say, radio, radar and visual aids to navigation;

      (iii)   air traffic services provided for the safety of aircraft and for the regularity of flight; and

      (iv)   meteorological services;

   (f)   "air route" means navigable airspace between two points and the terrain beneath that airspace identified, to the extent necessary, for the application of flight rules;

   (g)   "air transport service" means a service for the carriage by air of passengers or cargo;

   (h)   "airway" means a designated path or air route identified by an area of specified width on the surface of the earth;

   (i)   "appeals tribunal" means a body established by section 43 to which a person aggrieved by a decision of any air transport licensing authority may appeal;

   (j)   "authority" means the Civil Aviation Authority established by section 3;

   (k)   "aviation security" means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference;

   (l)   "board" means the board of directors appointed under section 8;

   (m)   "cargo" includes goods;

   (n)   "chairperson" means the chairperson of the board of directors of the authority;

   (o)   "Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on 7th"> December, 1944, including—

      (i)   the protocols amending that convention;

      (ii)   the annexes to that convention relating to international standards and recommended practices, being annexes adopted in accordance with that convention;

   (p)   "crew" means all persons working on the aircraft, including the pilot or operator;

   (q)   "flight" means—

      (i)   in the case of a heavier-than-air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking off until the moment at which it comes to rest after being airborne; and

      (ii)   in the case of a lighter-than-air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth until the moment when it becomes again attached to the surface of the earth or a fixed object on the surface of the earth;

   (r)   "goods" includes mail and animals;

   (s)   "Minister" means the Minister for the time being responsible for civil aviation;

   (t)   "operator", in relation to an aircraft, means the person having the management of the aircraft for the time being or, in relation to time, at the time;

   (u)   "owner" includes, in relation to an aircraft or aerodrome, the person in whose name the aircraft or aerodrome is registered or licensed, any person who is or has been acting as agent in Uganda for a foreign owner or any person by whom the aircraft or aerodrome is hired at the time;

   (v)   "passenger" means any person being conveyed by the aircraft who is not a member of the crew;

   (w)   "private aerodrome" means an aerodrome other than an authority, military or police aerodrome;

   (x)   "public transport" means the carriage of passengers or cargo for hire or reward given or promised to be given;

   (y)   "publication" means information given in any of the following publications issued whether before or after the coming into operation of this Act, that is, Notices to Airmen (NOTAM), information circulars, aeronautical information publications, notices to licensed aircraft maintenance engineers and to owners of civil aircraft, civil aviation publications (CAP) or such other official publications so issued for the purpose of enabling any of the provisions of this Act to be complied with;

   (z)   "state aircraft" includes—

      (i)   aircraft of any part of the defence force, including any aircraft that is commanded by a member of that force in the course of duties; and

      (ii)   aircraft used in the military, customs or police services of a foreign country.

PART II
ESTABLISHMENT, OBJECTIVES, FUNCTIONS AND POWERS OF THE AUTHORITY.

3.   Establishment of the authority.

   (1) There is established an authority by the name of the Civil Aviation Authority.

   (2) The authority—

   (a)   shall be a body corporate with perpetual succession;

   (b)   shall have a seal;

   (c)   may sue or be sued in its corporate name; and

   (d)   may acquire, hold, manage and dispose of movable and immovable property.

4.   Seal of the authority.

   (1) The seal of the authority shall be authenticated by the signatures of the managing director and the secretary to the board.

   (2) In the absence of the managing director, the deputy managing director may sign in his or her place, and the person performing the functions of the secretary may sign in the absence of the secretary.

   (3) A document issued by the authority which is sealed with the seal of the authority and authenticated in the manner provided by this section shall be received and taken to be a true instrument without further proof unless the contrary is shown.

5.   Objective of the authority.

   The objective of the authority is to promote the safe, regular, secure and efficient use and development of civil aviation inside and outside Uganda.

6.   Functions of the authority.

   (1) The authority shall advise the Government—

   (a)   on policy matters concerning civil aviation generally; and

   (b)   with regard to international conventions relating to civil aviation and the adoption of measures necessary to give effect to the standards and recommended practices under those conventions.

   (2) In addition to its functions under subsection (1), the authority shall be responsible for—

   (a)   the licensing of air transport;

   (b)   the designation of domestic and international air carriers;

   (c)   the provision of air navigation services;

   (d)   the establishment, maintenance, development, operation and ownership of aerodromes;

   (e)   the provision of rescue and fire fighting services at aerodromes;

   (f)   the provision of assistance and information, including aeronautical information services;

   (g)   the coordination and direction of search and rescue services;

   (h)   the provision of facilities and services in relation to the investigation of aircraft accidents and incidents;

   (i)   the registration of aircraft;

   (j)   the safety regulation of civil aviation;

   (k)   the provision, in conjunction with other agencies of the Government, including the military, of arrangements to prevent or deal with all unlawful interferences with aviation security (including passenger screening) in Uganda;

   (l)   the control of air traffic;

   (m)   the certification of operators of aircraft;

   (n)   the licensing of civil aviation personnel;

   (o)   the licensing of private aerodromes;

   (p)   the provision of meteorological information to aircraft;

   (q)   the publication and dissemination of all regulations pertaining to civil aviation; and

   (r)   any other functions that may be conferred on it by the Minister or any other law.

7.   Powers of the authority.

   (1) The authority shall have all powers pertaining to a legal person and may do all things necessary for better carrying out its functions.

   (2) Without limiting the generality of subsection (1), the authority shall have power—

   (a)   to enter into contracts, subject to financial limitations set by the Minister;

   (b)   to acquire, hold, lease out and dispose of all types of assets including land and fixed and floating assets;

   (c)   to let or hire plant, machinery, equipment or assets required by the authority; and

   (d)   to appoint a body or bodies to advise the authority in relation to the performance of its functions.

PART III
BOARD OF DIRECTORS.

8.   Board of directors.

   (1) The governing body of the authority shall be a board of directors consisting of the managing director and not less than four and not more than eight directors one of whom shall be the chairperson.

   (2) All directors shall be appointed by the Minister for a period of three years on terms and conditions that may be specified in the instruments of appointment and shall be eligible for reappointment.

   (3) The Minister shall appoint one of the directors, other than the managing director, to be chairperson of the board.

   (4) If a member of the board—

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.