LAW OF GEORGIA – AIR CODE OF GEORGIA

LAW OF GEORGIA

AIR CODE OF GEORGIA

 

Section I

General Provisions

 

Chapter I - Basic Provisions

 

Article 1 - Definition of terms

'Aerodrome' - a defined area of land or water surface (including any buildings, structures and installations) intended to be used either wholly or in part for the arrival, surface movement or departure of aircraft.

'Domestic airway' - a control area or part of it equipped with an aerodrome, air navigation, air traffic management and control facilities established in the form of a corridor in the airspace of a specific height and width for safe flight of aircraft within the airspace of Georgia.

'Airport' - an aviation enterprise, which carries out air transportation and renders services for aircraft movements and for this purpose, has an aerodrome, air terminal, and other above-ground structures, installations, and maintenance personnel.

'Terminal control area' - a portion of airspace with lateral and vertical dimensions above an airport and its surrounding territory.

'Airline Transport Pilot' - a pilot holding an Airline Transport Pilot licence and authorised to act as pilot in command or as a second pilot on any plane or helicopter.

'Flight crew' - specially trained flight crew members, holding certificates for operation for a specific type of aircraft and its equipment in flight.

'Air Operator’s Certificate (AOC)' - a certificate that entitles an operator to conduct commercial air transportation.

'Inspection (inspection check)' - assessment of conformity of civil aviation activities, including flight safety, with the requirements established under the legislation of Georgia, including by technical regulations, as well as by international agreements and treaties, and carried out by an authorised person (Flight Safety Inspector, SAFA - Inspector) of the Legal Entity under Public Law (LEPL) - Civil Aviation Agency within the Ministry of Economy and Sustainable Development of Georgia, by checking documents, actual conditions on the ground and on board of an aircraft.

'Commercial flight (commercial transportation)' - an aircraft flight involving carriage of passengers, cargo or mail for remuneration or hire.

'Licence recognition' - an action where a State recognises a licence issued by another State as having equal value to the one issued by it.

'Piloting (operation)' – manipulating the flight controls of an aircraft during flight.

'Aviation personnel' - a special staff of an aviation enterprise, institution or organisation; it consists of appropriately trained aviation specialists, who are licenced to operate flights and provide services.

'Aviation facilities' - aircrafts, aerodromes, airports, their equipment, air traffic management and control facilities, radio equipment for air routes and domestic airways, as well as other aviation facilities registered under the legislation of Georgia.

'Aviation employees' – skilled workers of civil aviation, whose activities serve the objectives that are to be attained by means of Civil Aviation.

'International Airport' - an airport that renders international air transportation services and where border, sanitary and quarantine, and customs control is exercised.

'Civil aviation' - aviation, which, according to application purposes, is divided into air transport and general aviation:

Civil aviation designed for air transportation shall belong to air transport;

Civil aviation not designed for air transport shall belong to general aviation.

‘Flight duty period' - the period of time from the beginning of pre-flight preparation until the end of flight (after 30 minutes from the moment the aircraft is landed). If during this period the flight crew was provided with at least three hours of continuous rest (including sleeping under appropriate conditions), this period will not be considered as a flight duty period.

'Pilotage area' - a designated portion of airspace limited with horizontal and vertical planes, which is used for testing of aircraft, training of flight crew, etc.

'Flight mission' - a document of an established format that contains the necessary data about the crew, aircraft, and the purpose of the flight.

'Flight crew member' - a certified crew member responsible for operating the aircraft during the flight.

'Flight work' - work carried out by the flight crew to carry out the flight mission.

'Territory of Georgia' - the land area under its sovereignty and the territorial waters of the Black Sea adjacent to it.

'Air space of Georgia' - space above the land area and the territorial waters of the Black Sea adjacent to it.

‘State Aviation' - aviation used in military, police, state security and customs services.

'Air carrier' - an aviation enterprise - aircraft operator that has at his/her disposal with the right of ownership or lease or on any other statutory basis, an aircraft and carries out flights in compliance with the conditions specified in the Air Operator's Certificate (AOC).

'Air traffic' - all aircraft in the air and those moving in the manoeuvring area of an aerodrome.

'Air traffic zone (area)' - airspace of defined dimensions where an air traffic facility carries out its functions.

'Air vehicles' - airplanes, helicopters, airships, gliders, air balloons, rescue parachutes, flight vehicles, and other vehicles intended for flight.

'Airspace supervising state' - a state that is responsible for air navigation in airspace.

'Air route' - a control area or part of it which is a corridor in the airspace with limited height and width for safe flight of aircraft and which is provided with aerodromes, air navigation, air traffic management and control facilities.

'Aircraft' - any machine supported for flight in the atmosphere as a result of interaction with the air, with the exception of interactions with the air reflected from the Earth's surface. Aircraft includes: airplanes, helicopters, gliders, and other machines.

'Aircraft nationality' - an aircraft registered in an appropriate state register of Georgian aircraft is regarded as having Georgian nationality.

'Aircraft crew' - persons who are responsible for aircraft operation and performance of specific service duties when carrying out a flight mission.

'Pilot in command' - a pilot responsible for aircraft operation and safety during flight time.

'A special flight in the civil aviation of Georgia' - a flight reserved for the transportation of top public officials.

'Aircraft type' – division of aircraft on the basis of their main characteristics, for example:
 airplanes, helicopters, gliders, free-flying balloons.

'Certificate' - a document that proves the holder's ability to safely carry out air transportation (air operations) and/or air transportation (air operations) services according to the restrictions and conditions specified in the certificate and its annexes.

'Aerial work' - use of aircraft for serving such industries as: agriculture, construction, topographic surveys, patrolling, search, rescue, etc.

'Flight plan' - appropriate documents submitted to an air traffic authority on the aircraft's planned flight or portion of it.

'Ramp-to-ramp time (flight time)' - the total time from the moment an aircraft moves under its own power for purposes of flight, until it comes to rest at the point of landing.

'Flight Safety Inspector' - a person authorised by the Legal Entity under Private Law (LEPL) - the Civil Aviation Agency within the Ministry of Economy and Sustainable Development of Georgia to carry out inspections.

'Block-to-block Time (flight time)' – the time from the moment the engine is started until it is turned off after landing.

'Airworthiness Certificate' - a document that attests that the aircraft is airworthy.

'Prohibited area' - an area of airspace of defined dimensions above the land areas or territorial waters of a State within which the flight of aircraft is prohibited.

'Danger area' - an airspace of defined dimensions above the land areas or territorial waters of a State within which activities dangerous to the flight of aircraft may be carried out at specific times.

'Restricted area' - airspace of defined dimensions above the land areas or territorial waters of a State within which the flight of aircraft is restricted in accordance with certain conditions.

'Charter' - a contract under which one party (lessor) transfers, for a specified price, the entire capacity or part of the capacity of one or more aircraft to the another party (the lessee) for one or more flights to transport passengers, baggage and cargo or for other purposes.

'Contracting State' - a state concluding a contract or agreement with another state on joint use of airspace, aerodromes, communication facilities, as well as on other matters related to civil aviation.

'EASA' - European Aviation Safety Agency.

‘SAFA’ - Safety Assessment of Foreign Aircraft (ramp inspections) programme.

'SAFA Inspector' - a person authorised by the Legal Entity under Public Law (LEPL) - the Civil Aviation Agency within the Ministry of Economy and Sustainable Development of Georgia to carry out inspections of foreign aircraft according to SAFA.

'Aeronautical information' - reports related to aerodrome characteristics and physical condition, manoeuvring regulations in the aerodrome area, air routes, and radio-electric and technical equipment.

'Aeronautical information publication’ - a publication issued by or under the authority of a State and containing aeronautical information of a lasting character essential to air navigation of aircraft within the airspace of the State.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 3806 of 12 November 2010- LHGI, No 66, 3.12.2010, Art. 414

Law of Georgia No 5963 of 27 March 2012 - website, 12.4.2012

Law of Georgia No 6385 of 5 June 2012 - website, 19.6.2012

Law of Georgia No 136 of 21 December 2012 - website, 30.12.2012

Law of Georgia No 3954 of 8 July 2015 - website, 15.7.2015

 

Article 2 - Purpose of the Code

1. The Air Code of Georgia shall ensure the legal regulation of the activities of Georgian aviation in the area of air transportation and other aviation operations.

2. Georgia, as a Contracting State to the 1944 Chicago Convention on International Civil Aviation, shall be obliged to ensure timely harmonisation of Georgian legislation with the requirements of this Convention, its annexes and amendments within the period prescribed in the relevant documents.

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 3 - Scope

The Air Code of Georgia shall apply to:

1. All air-vehicles ('aircraft') within the territory of Georgia, regardless of their form of ownership, departmental affiliation and nationality;

2. All legal and natural persons engaged in aviation activities within the territory of Georgia;

3. Georgian aircraft during their stay in a foreign State, unless otherwise provided in the laws of that State;

4. All legal and natural persons whose activities may affect the flight of an aircraft.

 

Article 4 - Legislation on the use of Georgian airspace

1. The use of Georgian airspace shall be regulated by this Code and other legislative acts adopted under the Code.

2. The procedure for using the airspace shall be determined under the legislation of Georgia, international instruments, and international agreements.

 

Article 5 - Sovereignty of Georgia over its airspace

1. Georgia shall have complete and exclusive sovereignty over the airspace above its territory.
2. The territory of Georgia is the land area under its sovereignty and the territorial waters of the Black Sea adjacent to it.

3. The airspace of Georgia is the space above the land areas and the territorial waters of the Black Sea adjacent to it.

 

Article 6 - Use of Aviation in Georgia

1. Georgian aviation is divided into civil aviation and state aviation.

2. Georgian aircraft are used for:

a) carrying passengers, baggage, cargo and mail;

b) performing specific aerial works;

c) providing medical assistance to the population and taking sanitary measures;

d) implementing search-and-rescue, as well as emergency rescue activities;

e) carrying out experimental and research works;

f) conducting educational, sporting, cultural-educational, exhibition, and trade events and developing technical creativity;

g) meeting the needs of legal and natural persons;

h) ensuring national safety and defence capacity;

i) police and customs control purposes;

j) implementing other activities and services, if they do not contradict the legislation of Georgia.

Law of Georgia No 3806 of 12 November 2010 - LHGI, No 66, 3.12.2010, Art. 414

Law of Georgia No 5963 of 27 March 2012 - website, 12.4.2012

Law of Georgia No 3954 of 8 July 2015 - website, 15.7.2015

 

Article 7 - Ownership rights to aviation facilities

Aviation facilities in Georgia may be owned by the State, legal or natural persons (including foreign states), except for air routes, domestic airways, aircraft flight control systems, air traffic management and control facilities, and runways of special importance in Georgia, which are state property in Georgia. The list of property of special importance shall be approved by the Ministry of Economy and Sustainable Development of Georgia.

Law of Georgia No 5300 of 11 July 2007- LHGI, No 31, 3.8.2007, Art. 352

Law of Georgia No 1909 of 3 November 2009- LHGI, No 35, 19.11.2009, Art. 21

Law of Georgia No 3749 of 26 October 2010- LHGI, No 62, 5.11.2010, Art. 389

 

Chapter II - State supervision and regulation of aviation activity

 

Article 8 - State supervisory and regulatory bodies for aviation activities and their powers

1. State policy in the field of civil aviation shall be implemented by the Ministry of Economy and Sustainable Development of Georgia.

2. The Legal Entity under Public Law (LEPL) - Civil Aviation Agency within the Ministry of Economy and Sustainable Development of Georgia ('the Agency') shall implement, within the scope of its authority, state supervision and regulation of civil aviation activities. 3. The Ministry of Defence of Georgia shall implement state supervision and regulation of aviation activities.

The authority of these bodies shall be determined by this Code and other legislative acts of Georgia.

4. The powers of the agencies, natural and legal persons that are involved in the process of carrying out special flights in the civil aviation of Georgia, and the procedures related to the performance of these special flights shall be determined by a legal act approved by the Government of Georgia in accordance with the Law of Georgia on State Secrets.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 2267 of 4 December 2009 - LHGI, No 45, 21.12.2009, Art. 336

Law of Georgia No 3749 of 26 October 2010 - LHGI, No 62, 5.11.2010, Art. 389

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 136 of 21 December 2012 - website, 30.12.2012

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 8¹ - Inspection of civil aviation activities

1. A flight safety inspector and/or a SAFA inspector shall inspect civil aviation activities.

2. A flight safety inspector/a SAFA inspector shall be independent in his/her activities and act under the legislation of Georgia, treaties and international agreements of Georgia.

3. A flight safety inspector may, at any time, freely access aviation enterprises and the buildings and structures in their possession the duty of which is to ensure safety of flights. The inspector shall also have access to aircraft that are registered in the State Register of Civil Aircraft, as well as to working areas and request any document and information related to aircraft flight safety, operation and maintenance.

4. A SAFA inspector may, at any time, freely access aircraft registered in state aircraft registers of other countries and request any document or information related to aircraft flight safety.

5. During inspections, a flight safety inspector/a SAFA inspector shall be authorised to stop the flight of the aircraft, as well as to suspend the further exercise by any person of his/her rights granted under a certificate (licence) or any other aviation document, if the inspector detects a defect that poses a threat to flight safety or security of civil aviation.

6. Legal and physical persons that are being inspected shall be obliged to assist the flight safety inspector/SAFA inspector in the performance of his/her official duties.

7. The agency shall ensure the functional independence of a flight safety inspector/a SAFA inspector during the inspection.

8. Inspection procedures and powers of a flight safety inspector/SAFA inspector shall be determined under a normative act of the Agency.

Law of Georgia No 6385 of 5 June 2012 - website, 19.6.2012

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 8² - Aviation safety programme, safety management system

1. An aviation safety programme is a set of rules and measures intended to raise the level of flight safety in the country.

2. An aviation safety programme shall be approved by the Government of Georgia in accordance with the requirements of treaties and international agreements of Georgia.

3. A safety management system is a systematic approach to flight safety management, which includes mandatory organisational structure, hierarchy of persons responsible for flight safety, guiding principles and procedures.

4. General rules for safety management system developed in accordance with the requirements of treaties and international agreements of Georgia shall be approved by the Agency.

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 8³ - Aviation accident and notification procedures

1. An aviation accident is an aviation occurrence, a serious incident or an incident, as well as a malfunction of an aircraft and/or its system, failure of systems and facilities used in air navigation services or other unusual circumstances that affected or could have affected flight safety.

2. Aviation accident notification procedures shall be approved by the Agency.

3. The Agency shall be obliged to collect information on aviation accidents, ensure personal data privacy of the supplier of this information, organise, analyse, and process these reports, create and maintain a database of reports, exchange report data with other national aviation authorities and international aviation organisations, and determine measures for raising flight safety levels.

4. The aim of aviation accident reports is to take preventive measures rather than to establish somebody's guilt or liability for the occurrence.

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 9 - Normative acts on aviation activities

1. Aviation regulatory bodies, within the scope of their authority, under this Code and other legislative acts of Georgia, shall issue mandatory rules for all owners and users of aviation facilities, as well as instructions and other normative acts regulating both the aviation activities and matters related to production, repair, construction and operation of aviation facilities.

1¹. In addition to the acts referred to in the first paragraph of this article, civil aviation activities shall be governed by the manuals, guiding materials and procedures approved under the regulations and directives adopted by international aviation organisations and the EU.

2. Draft normative acts of other ministries and agencies, which envisage explosions, shooting, construction of high-rise buildings and equipment, installation of power lines, creation of radiointerference and performance of other works that may endanger air traffic safety, shall be agreed with the aviation regulatory authorities.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 6093 of 26 April 2012 - website, 10.5.2012

 

Chapter III - Airspace

 

Article 10 - Right to flight and other activities

Aircraft flights as well as other activities (launch of other air vehicles, artillery fire, blasting operations, etc.) related to the use of Georgian airspace shall be carried out within the airspace of Georgia, provided that the requirements of this Code and other legislative acts developed under it are observed.

 

Article 10¹ - Air navigation services

1. Air navigation services, which include the organisation of air traffic, communication, navigation and radio location services, as well as meteorological, search-and-rescue and aeronautical information services, shall be carried out in accordance with this Code, international agreements and treaties of Georgia, and air navigation service rules developed under these legal acts.

2. The Agency shall approve air navigation service rules by a normative act.

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 10² - Supervision over air navigation services

The Agency shall carry out supervision over air navigation services, which includes certification of enterprises that provide air navigation services, recognition/assessment of technical conditions of technical facilities that are used for providing air navigation services, inspection and continuous monitoring of enterprises that provide air navigation services, approval of the safety management system and associated documentation, according to this Code, international agreements and treaties of Georgia, and the air navigation service rules developed under these legal acts.

Law of Georgia No 1900 of 27 December 2013 - website, 30.12.2013

 

Article 11 - Organising the use of airspace

The Agency, in agreement with the Ministry of Defence of Georgia, shall organise the use of airspace and coordinate flights and other activities within the airspace.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 12 - Georgian airspace structure

1. Georgian airspace structure includes the following key elements:

a) air routes, domestic airways, linear routes, fixed flight routes outside the domestic airways and air routes

b) air corridors crossing the state border of Georgia

c) aerodrome areas, airline hubs, polygons and pilotage areas

d) restricted areas

e) danger areas

f) prohibited areas.

2. The Government of Georgia shall approve the Georgian airspace structure.

3. Information about the Georgian airspace structure shall be included in the aeronautical information publication and aeronautical maps.

Law of Georgia No 1038 of 6 September 2013 - website, 23.9.2013

 

Article 13 - Air routes and domestic airways

1. Air routes and domestic airways shall be registered in the manner prescribed by the Agency.

2. The Agency shall provide legal and natural persons of Georgia and foreign states and international aviation organisations with information on the restricted use of air routes and domestic airways through the system of aeronautical information distribution channels.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 14 - Formation of the Georgian airspace structure

1. The Agency shall develop the Georgian airspace structure in agreement with the Ministry of Defence of Georgia. This structure shall be approved in compliance with the legislation of Georgia.

2. Proposals for making changes and additions to the existing structure of Georgian airspace may be prepared by other interested ministries, agencies, public authorities and organisations, if the changes and additions are necessary for them to carry out their activities in accordance with Article 10 of this Code.

3. Each proposal for making changes or additions to the existing structure of Georgian airspace shall be agreed with the relevant state authorities, as well as with the military agencies the interests of which may be affected by the proposal. The proposals shall be submitted to the Agency.

4. In the case of disagreement between the parties during the development of the Georgian airspace structure, the dispute shall be referred to the conciliation committee. The committee shall be created within the Government of Georgia for each specific matter. Representatives of the interested parties shall be involved in the activities of the conciliation committee. If agreement is not reached, the dispute shall be settled in court.

5. The agencies and organisations interested in the change of structure of Georgian airspace shall pay the expenses related to such changes.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 1038 of 6 September 2013 - website, 23.9.2013

 

Article 15 - Regulating the use of open airspace of the Black Sea waters

The Agency, in agreement with the Ministry of Defence of Georgia and in compliance with the standards laid down by the International Civil Aviation Organisation (ICAO), shall establish service procedures for aircraft flights in the open airspace of the Black Sea waters outside Georgian territorial waters, as well as control areas and limits of air routes and air traffic.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 16 – Priority rights for using Georgian airspace

When planning and coordinating the use of Georgian airspace, account shall be taken of the airspace priority rights in the following order:

1. Aircraft flights for combat and operational missions, in order to protect state interests of Georgia;

2. Aircraft flights and other aerial works that are performed during natural disasters, catastrophes, accidents, emergency situations when human life and health are at risk;

3. Aircraft flights performed in accordance with special flight regulations;

4. Scheduled flights performed under international agreements of Georgia;

5. Scheduled flights;

6. Experimental and test flights;

7. Irregular air operations and other aerial works;

8. Flight simulation and training flights;

9. Flights or any other activity in the airspace that are connected with demonstrations, sporting and other events;

10. Flights or any other activity in the airspace that are related to the satisfaction of personal needs of the population.

 

Article 17 - Air navigation service charges

1. Principles and methodology with respect to the composition and calculation of air navigation service charges shall be determined under an order by the Minister of Economy and Sustainable Development of Georgia.

2. The following shall be exempt from air navigation service charges:

a) state aircraft

b) aircraft that are used during natural disasters, catastrophes and accidents in order to carry out search and rescue operations for the purposes of saving people, protecting public and private property

c) aircraft/flights exempted on the basis and within the framework of international agreements and treaties of Georgia.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 1900 of 27 December 2013 - website, 30.12.2013

 

Article 18 - Radio communication language for air traffic services

Radio communications within Georgian airspace between air traffic control authorities and aircraft crews shall be performed in the Georgian language, and with the crews of foreign aircraft - in the working language of ICAO.

 

Article 19 - Aeronautical information of Georgia

1. Aeronautical information of Georgia shall be available to all users and shall be published in the appropriate publication. The Agency shall be responsible for compilation and publication of aeronautical information.

2. The Agency may delegate the functions specified in the first paragraph of this article to other entities.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 20 - Providing communication for air traffic management purposes

Ministries, agencies, enterprises, institutions and organisations of Georgia that use Georgian airspace shall be obliged to ensure communication with air traffic management authorities.

 

Section II

Aviation Facilities and Aviation Personnel

 

Chapter IV - Aircraft

 

Article 21 - Classification of aircraft

1. Aircraft are divided into civil, state and experimental aircraft.

2. Aircraft that are registered in the Civil Aircraft State Register shall be referred to as civil aircraft.

3. Aircraft that are used for military, police, and state security and customs purposes and are included in the State Aircraft Register shall belong to state aircraft.

4. An aircraft shall be regarded as experimental if it is used for performing flights for testing, experimental design or scientific-research purposes.

Law of Georgia No 1900 of 27 December 2013 - website, 30.12.2013

Law of Georgia No 3954 of 8 July 2015 - website, 15.7.2015

 

Article 22 - Registration of aircraft

1. All airworthy aircraft shall complete mandatory state registration and obtain an appropriate certificate ('the Certificate').

2. Civil aircraft shall be registered in the Civil Aircraft State Register.

3. The aircraft holding airworthiness certificates shall be registered in the Civil Aircraft State Register.

4. The rules for civil aircraft registration, recording and removal from the State Register shall be established by the Agency, which shall maintain the Register based on these rules.

5. (Deleted).

6. State aircraft shall be registered in the State Register of State Aircraft.

7. The Ministry of Defence of Georgia shall maintain the Register of State Aircraft and establish rules for registration, recording and removal from the Register of State Aircraft.

8. (Deleted - 26.4.2012, No 6093).

9. Experimental aircraft shall not be registered in a state register. They shall be recorded in the organisations where experimental-design or scientific-research flights are carried out.

10. Non-production aircraft weighing not more than a thousand kilograms shall be subject to mandatory registration with the appropriate aviation sport authorities.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 6093 of 26 April 2012 - website, 10.5.2012

 

Article 23 - Removing aircraft from a state register

1. Aircraft shall be removed from a state register if:

a) an aircraft is retired because it has become unairworthy;

b) an aircraft is sold to a foreign state or to its legal or natural persons;

c) a leased aircraft is returned to a foreign state or to its legal or natural persons;

d) an aircraft is declared missing;

e) an aircraft that has been transferred to a foreign state or to its legal or natural persons for temporary use may also be removed from a Georgian state register if the contracting parties agree to do so.

2. If an aircraft is removed from a Georgian state register, its registration certificate shall become invalid.

 

Article 24 - Aircraft nationality

1. An aircraft that is registered in the appropriate state register of Georgian aircraft shall be regarded as having Georgian nationality.

2. An aircraft may not be registered in more than one State.

3. A dispute about the nationality of an aircraft may be resolved by agreement between the interested States or through an international arbitration court.

 

Article 25 - Right to operate an aircraft

1. An aircraft shall be operated after its compliance with the national flight standards is established and confirmed by an appropriate certificate.

1¹. In order to ensure safe flights, an agreement may be concluded between the Agency and a competent authority of another state to share functions, duties and responsibility for compliance with international standards with respect to the operation of an aircraft, in accordance with the requirements of Article 83 bis of the 1944 Chicago Convention on International Civil Aviation.

2. Georgian state aircraft shall be operated by the Ministry of Defence of Georgia in a prescribed manner.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 6385 of 5 June 2012 - website, 19.6.2012

 

Article 26 - Documents necessary for operating an aircraft

1. Civilian aircraft shall not be permitted to fly unless the following documents are available:

a) a state registration certificate

b) an airworthiness certificate

c) a license for using on-board radio equipment, if the aircraft is equipped with radio equipment

d) a log book

e) a certificate held by each member of the crew

f) during passenger carriage – a list of their names, indicating departure and destination points

g) during cargo shipment – manifest and detailed cargo declarations.

2. The Agency may additionally develop and publish a list of documents and forms that must be kept on board an aircraft according to the purpose and goals of the flight.

3. The Agency may allow an exception to the above list when developing standard requirements for an aircraft with not more than 1 000 kilograms of structural weight.

4. State and experimental aircraft shall keep on board those documents that are prescribed in the normative acts drafted by their owners.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 27 - Aircraft identification marking

1. Aircraft registration and nationality marks shall be assigned to a civil aircraft upon entering it into a state register. The marks shall be placed on the outer surface of the aircraft in a prescribed manner.

2. In addition to registration and nationality marks, an aircraft may be marked with symbols, emblems and inscriptions in accordance with the terms prescribed by aircraft state registration rules of Georgia.

3. The rules for marking Georgian civilian aircraft with nationality or other marks shall be established by the Agency.

4. The rules for marking Georgian state aircraft with nationality or other marks shall be established by the Ministry of Defence of Georgia.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 28 – Radio Call Signs

Radio Call signs will be granted to Georgian aircraft that have a radio communication device.

 

Chapter V - Aviation Personnel

 

Article 29 - Aviation personnel

A list of aviation personnel specialities shall be determined by:

a) the Agency - for civil aviation personnel;

b) the Ministry of Defence of Georgia - for state aviation personnel.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 29¹ - Special clothes and uniforms for civil aviation personnel

1. Engineering personnel of the air traffic service shall wear special clothes. Air traffic controllers and aeronautical information service officers shall wear uniforms.

2. The design of uniforms and special clothes for aviation personnel, considering the list of aviation personnel specialities, shall be approved by the Agency.

Law of Georgia No 5337 of 24 November 2011 - website, 5.12.2011

 

Article 30 - Issuing certificates to aviation personnel

1. Aviation personnel may fly and render services based on a licence (certificate) issued or recognised under the legislation of Georgia.

2. Aviation rules shall be developed by:

a) the Agency, in the field of civil aviation;

b) the Ministry of Defence of Georgia, in the field of state aviation.

3. When performing their duties, aviation personnel shall carry a certificate that conforms to the above rules.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 31 - Aviation personnel training

Aviation personnel training shall be carried out in educational institutions that hold appropriate certificates.

Law of Georgia No 6385 of 5 June 2012 - website, 19.6.2012

 

Article 32 – Recognition of licences (certificates) issued by foreign states to aviation personnel

A licence (certificate) issued by a foreign state to aviation personnel may be recognised as valid in the territory of Georgia if there is an interstate agreement on mutual recognition of aviation personnel certificates.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

 

Article 33 - Aircraft crew

1. An aircraft crew consists of a pilot-in-command, flight crew members, and service personnel.

2. Aircraft crew members who are citizens of Georgia shall be obliged to know the state language.

3. Civil aircraft crew may not fly with a reduced flight crew, except for special cases caused by martial law.

4. Minimum crew of the aircraft shall be determined based on a flight operations manual for a particular type of aircraft.

5. During experimental filghts, the number of an experimental aircraft crew shall be determined by the aircraft makers.

 

Article 34 - Nationality of crew members

1. Georgian state and civil aircraft crew members shall be citizens of Georgia. Exceptions to this requirement may be permitted in compliance with the legislation of Georgia.

2. This rule shall also be applicable during the operation of foreign aircraft by legal persons of Georgia.

 

Article 35 – Pilot-in-command

1. A pilot-in-command is a pilot responsible for operation and safety of an aircraft during flight.

2. A pilot-in-command shall have a pilot’s certificate, as well as training and experience necessary for independent operation of a specific type of aircraft and management of the crew according to aviation rules.

3. During a flight, the orders of a pilot-in-command shall be binding on all persons on board.

4. In cases of a forced landing of an aircraft, its pilot-in-command shall manage the actions of all persons on board until the arrival of representatives of appropriate public authorities.

5. An inspector who is a crew member and is qualified as a pilot-instructor and takes the place of a pilot shall be authorised to act as a pilot-in-command.

 

Article 36 - Rights of a pilot-in-command

1. When performing official duties, a pilot-in-command of a civil aircraft shall be authorised to:

a) make a final decision on take-off, flight, landing, as well as on flight termination and landing on alternate aerodromes or outside an aerodrome;

b) in the case of an obvious flight risk, make decisions on jettisoning fuel, dropping cargo, mail and baggage while flying;

c) within his/her competence, issue commands to all persons on board during the flight;

d) take all necessary measures against those persons who do not obey his/her commands and whose actions endanger the flight. The pilot-in-command shall have the right to hand over these persons to proper authorities after landing at the nearest aerodrome;

e) change the flight route, cross the state border and land on an aerodrome of a foreign country if there is a real threat to safe flight, human life and health, which is caused by a wrongful interference with civil aviation activities;

f) act as an authorised representative of an aircraft operator, enter into contracts in its name, taking into account the terms for flight safety, preservation of an aircraft, passenger's life and health protection;

g) during flights in extreme circumstances deviate from flight rules and requirements of normative acts regulating the crew operations in order to ensure safety of human life;

h) disobey commands and instructions of an air-traffic controller, if the pilot-in-command considers that performing the orders may endanger the flight. He/she shall be obliged to notify the air traffic controller about it.

2. The rights of a pilot-in-command of a state aircraft shall be determined by the Ministry of Defence of Georgia.

 

Chapter VI - Aerodromes and Airports

 

Article 37 - Aerodrome and airport classification

According to departmental subordination, aerodromes shall be divided into civil aviation, state aviation, and experimental aviation aerodromes.

 

Article 38 – Construction and reconstruction of aerodromes and airports

1. Research-exploration works, aerodrome design, construction and reconstruction shall be performed in compliance with the legislation of Georgia.

2. The area for construction and reconstruction of aerodromes and airports shall be allocated in compliance with the legislation of Georgia.

 

Article 39 - Certification of airports and aerodromes and putting them into operation

1. An aerodrome may start operation after completing state registration and receiving a certificate of suitability for air operations.

2. Certification rules for civil aviation aerodromes (airports) shall be developed and issued by the Agency.

3. State aviation aerodromes shall be put into operation under procedures drafted by the Ministry of Defence of Georgia and approved by the Government of Georgia.

4. (Deleted).

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 1038 of 6 September 2013 - website, 23.9.2013

 

Article 40 - Aerodrome registration

1. Georgian aerodromes shall be required to complete state registration. After state registration of the aerodromes, the data on the aerodromes shall be entered into the aeronautical information publication.

2. An aerodrome shall be removed from the Register if it is closed down or taken out of service.

3. Civil aviation aerodromes shall be registered by the Agency; state aerodromes shall be registered by the Ministry of Defence of Georgia.

4. From the day of removal from the State Register the registration certificate of an aerodrome shall lose validity, and the owner shall lose the right to use the aerodrome. In addition, the aerodrome data shall be removed from the aeronautical information publication.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 41 - Construction of facilities within an aerodrome area

1. When constructing buildings, installations, communications, power lines and other facilities within the area of an aerodrome, the holders of those facilities shall be obliged to receive approval on the construction from the aerodrome owner, and conduct construction works according to standards determined by the legislation of Georgia.

2. Legal and natural persons who violate the rules for constructing facilities within an aerodrome area, shall be obligated, at the aerodrome owner’s request, to bring the newly constructed facilities in line with the established standards or demolish the facilities at their own expense.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

 

Article 42 - Marking buildings and installations

Owners of buildings, installations, communication and power lines, radio equipment and other facilities shall be obliged to place day and night signs and devices on them at their own expense within the aerodrome area. It shall be prohibited to place in an aerodrome area any signs and devices similar to the aerodrome signs and devices.

 

Article 43 - Airport connection with the cities and populated areas

1. Airports shall have both transport links and postal, telephone, telegraph, and other types of connections with the nearest cities and populated areas.

2. Appropriate state authorities shall ensure maintenance, operation and uninterrupted traffic flow on access roads to airports.

 

Section III

Aircraft Flight Fundamentals

 

Chapter VII - Aircraft Flights

 

Article 44 - Flight rules

1. Aircraft flight rules in the airspace of Georgia shall be determined by a civil aviation regulatory body according to the aviation type of the aircraft.

2. Flights of aircraft of different aviation types on air routes, domestic airways and civil aviation aerodromes shall be conducted in the manner prescribed by the Agency.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 45 – Flight clearance in Georgian airspace

An aircraft that has state registration and identification marks, is properly prepared and carries on board all documents determined by aviation supervision and regulatory bodies, shall be cleared to fly in Georgian airspace. The said authorities may allow an exception to this rule for experimental aircraft and aircraft that do not require state registration.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

 

Article 46 - The right to fly; flight mission

1. Each flight of a civil aircraft, taking into account the requirements of Article 59 of this Code, shall be performed in accordance with a flight plan with the approval of the air traffic control authority.

2. Each flight of a state aircraft shall be performed in accordance with a flight plan, based on a permit issued by the relevant service of the Ministry of Defence of Georgia.

3. Deviation from a flight plan shall be permitted with the consent of the relevant authority or where so provided in Article 36(1)(g and h) of this Code.

4. The basic document that specifies the purpose of the flight, objective and route is a flight mission signed by an authorised official. The form of this document and the rules for its completion shall be determined by a joint order of the Minister of Economy and Sustainable Development and the Minister of Defence of Georgia.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 850 of 23 December 2008- LHGI, No 40, 29.12.2008, Art. 276

Law of Georgia No 3749 of 26 October 2010- LHGI, No 62, 5.11.2010, Art. 389

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 47 - Reducing the adverse environmental impact of aircraft during flights

1. The right to use the airspace of Georgia shall be granted to those civil aircraft that meet the requirements of the legislation of Georgia on noise and engine pollutant emissions.

2. Aerodrome owners, operators and aircraft crew shall be obliged to reduce aircraft noise to a minimum on the earth's surface and during aircraft operation in the airspace.

3. Relevant authorities may demand that airport owners limit minimum altitude of aircraft during take-off and landing phases, restrict flights at certain times during the day or night and change flight paths.

4. Aircraft shall be allowed to fly at supersonic speed in the airspace of Georgia at an altitude that excludes its negative impact on the environment. Civil aircraft flying in the airspace of Georgia shall be prohibited to break the sound barrier.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

 

Article 48 - Flight over populated areas; demonstration flight

1. Flights over populated areas shall be allowed at a height that allows the aircraft in case of a failure to land outside the populated area. The only exception to this rule shall be the cases where the aerodrome runway layout does not allow aircraft to land or take off without flying over the densely populated place.

2. The Ministry of Defence shall establish rules for flying over populated areas.

3. Permits for demonstration flights over populated areas shall be issued by the Agency in agreement with local self-government authorities.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 49 – Intruding aircraft

An aircraft that enters the airspace of Georgia without permission or violates other rules of using airspace, shall be deemed to be an intruding aircraft, and may be forced to land if the warning is disregarded. Upon receipt of the appropriate order the violating aircraft shall be obliged to land at a specified place.

 

Article 50 - Radio communication during flight

1. An aircraft crew (or a pilot if the crew consists of a single person), equipped with radio communication devices shall be obliged to ensure continuous listening to radio signals at the established radio frequencies that are published in the aeronautical information publication.

2. The rules for two-way radio communication and radio information exchange phraseology between the crew (pilot) and air traffic controllers shall be determined by the documents issued by the aviation regulatory body.

3. If a two-way radio communication fails, the crew (pilot) shall be obliged to take measures to restore it. If this is impossible, the crew (pilot) shall be obliged to follow the special flight procedures described in the aeronautical information publication that is established by the State supervising the airspace.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

 

Article 51 – Standard working time and flight hours

1. The standard working time and flight hours for civil aviation shall be determined by the administration of the aviation enterprise concerned in accordance with the relevant normative acts of the Agency and the labour legislation of Georgia, in agreement with the management of flight units and flight personnel.

2. The working time and flight hours prescribed by the relevant normative acts and the labour legislation of Georgia may not be exceeded.

3. The standard working time and flight hours for state aviation shall be determined by the Ministry of Defence of Georgia.

Law of Georgia No 6385 of 5 June 2012 - website, 19.6.2012

 

Chapter VIII - International Flight

 

Article 52 - International Flight

1. Scheduled international air services (transportation) of civil aircraft across the state border of Georgia shall be performed in compliance with the requirements of international treaties of Georgia and Article 6 (Scheduled air services) of the Chicago Convention on International Civil Aviation signed in 1944. The Government of Georgia shall establish the Procedure for Granting (appointing) the Status of a Scheduled International Air Service Provider to an Air Carrier Registered in Georgia for Providing Scheduled International Air Services, for Allocating Flight Frequencies to the Appointed Air Carriers and for Recognising Air Carriers Appointed by Foreign States.

2. The rules for irregular international flights in the airspace of Georgia shall be established by the Government of Georgia in accordance with international standards.

3. Foreign civil aircraft shall cross the state border of Georgia or fly on air routes in the airspace of Georgia in compliance with the aeronautical rules established by the Agency and published in international aeronautical information publications.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 2177 of 1 December 2009- LHGI, No 42, 10.12.2009, Art. 309

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 1038 of 6 September 2013 - website, 23.9.2013

 

Article 53 - Application of rules related to passports, to crossing customs border of Georgia and other rules

The rules related to passports, sanitation, quarantine, entry-exit, property import-export, transit traffic in the territory of Georgia, also rules prescribed by the Tax Code of Georgia for crossing the customs border of Georgia and other rules shall apply to aircraft, crews and passengers (including their property) on board an aircraft who enter or exit Georgia (including transit through Georgia).

Law of Georgia No 3806 of 12 November 2010- LHGI, No 66, 3.12.2010, Art. 414

Law of Georgia No 5963 of 27 March 2012 - website, 12.4.2012

 

Article 54 - International flights and service delivery

Aircraft, aviation personnel and airports shall have the right to perform international flights and render services on the basis of a permit (certificate, licence) issued by the Agency.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 55 - Recognising foreign civil aircraft documents as valid in the territory of Georgia

1. Documents on board a foreign civil aircraft shall be valid in the territory of Georgia if they comply with the standards established by ICAO.

2. If a foreign civilian aircraft lands in the territory of Georgia, the documents referred to in the first paragraph of this article shall be examined by the Agency.

3. The Agency shall ensure that certificates of competency and certificates of airworthiness and/or aircraft radio station licences issued by the State of an aircraft operator under an agreement signed by other contracting States of the 1944 Chicago Convention on International Civil Aviation within the framework of Article 83 bis of this Convention.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Chapter IX - Certification and Licensing

 

Article 56 - Certification in civil aviation

1. Aviation enterprises that provide air transportation and aerial works, aviation maintenance services, aerodromes, airports, aircraft, their engines, ground and aviation equipment, air navigation service (except for search and rescue services) enterprises, aviation training establishments, aviation personnel, aviation fuelling enterprises and their maintenance personnel, other legal and natural persons whose activities are directly related to civil aviation safety, shall be subject to certification. A certificate shall evidence compliance with flight safety requirements.

2. Certification rules for civil aviation shall be established and certification shall be performed by the Agency in compliance with the 1944 Chicago Convention on International Civil Aviation and its Annexes, and the legislation of Georgia.

3. The Agency shall appoint a certified air navigation service enterprise to render air navigation services.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 6385 of 5 June 2012 - website, 19.6.2012

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 57 - Suspending, changing and revoking certificates

1. The Agency may examine and, taking into account state interests and flight safety requirements, suspend, change or revoke an issued certificate as prescribed by the legislation of Georgia.

2. The certificate holder may appeal this decision in compliance with the legislation of Georgia.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 58 - Violation of certificate requirements

1. Certificate requirements shall be considered to be violated if:

a) a natural person performs aviation activities without an appropriate certificate;

b) a legal or natural person uses a civil aircraft that does not have an airworthiness certificate or violates the terms of the certificate;

c) a legal or natural person allows an aviation employee who does not have an appropriate certificate to provide aircraft services, as well as to perform operational or commercial activities;

d) a legal or natural person carries out transportation without an appropriate certificate or violates the terms of the certificate;

e) a legal or natural person uses an aircraft for commercial purposes, in violation of the certificate requirements or other standards provided for in this Code;

f) an aviation enterprise holding a certificate does not observe any of the terms or limitations under the certificate;

g) a legal or natural person operates, without a certificate or in violation of the standards and terms of the certificate, an airport that provides services to a carrier;

h) a legal or natural person holding an appropriate certificate sells or offers for sale aviation fuel or lubricants the quality of which is not consistent with the standards established in Georgia;

i) a legal or natural person gives the Agency false information to obtain a certificate.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 59 - Aerial work permits

1. Irregular international air transportation or aerial works shall be carried out on the basis of irregular international air transportation permits or aerial work permits respectively issued by the Agency.

2. An air carrier may not exercise the rights under the permit, if it does not have a valid air operator's certificate.

3. The Agency shall issue:

a) irregular international air transportation permits

b) aerial work permits.

4. The Agency shall issue permits under the Law of Georgia on Licenses and Permits.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 2177 of 1 December 2009- LHGI, No 42, 10.12.2009, Art. 309

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 60 - Reimbursing expenses related to the licensing and certification

Expenses related to the licensing and certification shall be reimbursed by those legal and natural persons that are interested in obtaining a license or certificate.

 

Section IV

Air Transportation and Aerial Works

 

Chapter X - Air Transportation Terms

 

Article 61 - (Deleted).

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

 

Article 62 - Air transportation and flight service tariff

Air transportation and flight service tariffs shall be established under the legislation of Georgia.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

 

Article 63 - Contract of carriage

1. Under a contract of passenger carriage, a carrier shall undertake to deliver passengers to their place of destination, and if a passenger checks in baggage - to deliver the baggage to the place of destination and hand it over to a duly authorised person. A passenger shall undertake to pay travel fees, and if a passenger checks in baggage - a baggage carriage fee as well.

2. Under a contract of cargo carriage, a carrier shall undertake to deliver the entrusted goods to the place of destination and hand them over to a duly authorised person, and a sender shall undertake to pay the prescribed fee for the transportation of cargo.

 

Article 64 - Charter

1. According to a charter, one party (lessor) transfers, for a specific remuneration, the entire capacity or part of one or more aircraft to the other party (the lessee) for one or more flights to carry passengers, baggage and cargo or for other purposes.

2. The charter contract shall contain: the names of the parties, the aircraft type, the purpose of leasing, the number of transported passengers and cargo (baggage and mail), amount of rent, the starting point and time of the flight, the place of destination.

 

Article 65 - Special air transportation carried out for the aircraft owner’s needs

Special air transportation for the aircraft owner’s needs shall be allowed:

a) on civil aircraft - without a permit;

b) on state and experimental aircraft - in accordance with internal rules and flight safety requirements.

Law of Georgia No 2177 of 1 December 2009- LHGI, No 42, 10.12.2009, Art. 309

 

Article 66 - Transportation documents

A contract of carriage of passengers, cargo and mail shall be evidenced by a passenger ticket, a baggage check, an air waybill or postal waybill, respectively. The basic requirements for the form and content of those documents shall be established by the Agency based on the sample forms and standards under international agreements and treaties of Georgia.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 67 – Termination (dissolution) of a contract of carriage on the carrier's own initiative

Apart from the cases specified in the Civil Code of Georgia, a carrier may terminate (dissolve) a contract of carriage, if it is necessary:

1. for ensuring flight safety;

2. for preventing the violation of requirements of the legislative normative acts of the State where take-off, landing or overflight is performed.

 

Article 68 – Termination of a contract of carriage on a passenger's initiative

1. A passenger may refuse to fly and recover the amount paid for the transportation if he/she notifies the carrier within the time limits established under the relevant rules.

2. In case of a delayed notification, a passenger may recover part of the money paid for the transportation. The remaining amount, which is a flight charge and which must not exceed 25% of the one-way ticket cost, shall be deducted.

 

Article 69 – Receipt of cargo at the place of destination

1. A carrier shall be obliged to notify the consignee on arrival of the cargo.

2. A consignee shall be obliged to accept and collect the cargo. He/she may refuse to accept damaged or spoiled goods if it is determined that it is impossible to use all or part of it for intended purposes.

 

Article 70 - Delay or failure to receive cargo by a consignee

1. If a consignee does not claim the cargo delivered to his/her address or refuses to accept the cargo within the time limits established under the transportation rules, the carrier shall be entitled to notify the consignor and keep the cargo at the sender's expense and under the sender’s responsibility.

2. If within the time limits established under legislation a consignee does not accept the cargo delivered at its address, and the consignor does not guarantee its disposal, such cargo shall be subject to sale in a prescribed manner.

3. Inspection and registration of the cargo shall be carried out by the Legal Entity under Public Law (LEPL) – the Revenue Service within the Ministry of Finance of Georgia in the manner prescribed by the legislation of Georgia.

Law of Georgia No 3806 of 12 November 2010- LHGI, No 66, 3.12.2010, Art. 414

 

Article 71 – Carriage of dangerous goods

The list of explosives, weapons, ammunition, as well as poisonous, inflammable, radioactive and other hazardous substances and articles, and their carriage rules shall be determined by the Agency in compliance with the requirements of the 1944 Chicago Convention on International Civil Aviation. The Agency, based on Annex 18 to this Convention (Safe Transportation of Dangerous Goods by Air), shall also exempt dangerous goods from the ban on civil air transportation.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Chapter XI - Aerial works

 

Article 72 - Aerial works and rules for conducting aerial works

1. Aerial works are the works (excluding transportation) performed by an aircraft at the client's request.

2. Aerial works shall be performed by aircraft operators that hold a permit for carrying out a specific aerial work.

3. Aerial works shall be performed on the basis of an agreement between the client and the operator.

4. Mandatory requirements for aerial works shall be defined by the Agency considering the client's interests and flight safety.

5. In exceptional cases (lack of aircraft with proper cargo-carrying capacity or equipped with a special device, etc. in the civil aviation of Georgia) both Georgian and foreign aircraft shall be allowed to perform aerial works. Each time such works are conducted the Agency shall issue an appropriate permit.

6. Relevant public authorities of Georgia shall be authorised to establish the conditions under which the performance of aerial works are restricted or prohibited over a certain area, due to special environmental restrictions or presence of people and vehicles on that territory.

The client shall be responsible for obtaining approval from these authorities for conducting aerial works.

7. (Deleted).

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 73 - Aerial work contract

1. Under an aerial work contract one party (the executor) undertakes to perform aerial works for the other party (the client) by one or more aircraft in compliance with the contractual time frames, volume, and conditions. The client shall be obliged to submit to the executor contractual volume of aerial works within the established time frames.

2. The agreement shall also provide for:

a) the rules for using and maintaining aerodromes, landing grounds and equipment;

b) the creation of appropriate housing and living conditions for the crew;

c) other conditions for ensuring aerial work performance, taking into account their peculiarities.

 

Article 74 - Aerial works tariff

When concluding an aerial works contract, the client and the executor may establish a contractual tariff, in compliance with the requirements of the legislation of Georgia.

 

Chapter XII - Property responsibility during transportation by air and during aerial works

 

Article 75 - General terms for property responsibility of carriers

1. During international air transportation a carrier's liability shall be determined by this Code, international legal acts and agreements concluded by Georgia with foreign states.

2. A carrier's property responsibility during internal transportation shall be defined by this Code and other legislative acts of Georgia.

3. A carrier's property responsibility with respect to passengers, in addition to this Code, shall be determined by passenger, cargo and baggage carriage rules.

4. A carrier shall be exempt from responsibility if it fails to fulfil (or improperly fulfils) the assumed obligations due to force majeure.

 

Article 76 - Liability for damage to a crew member’s health

1. If during a flight mission a Georgian aircraft crew member is injured or his/her health is otherwise damaged, the carrier shall be obliged to compensate the victim for the income that was not received by the victim as a result of loss or reduction in capacity to work, excluding a disability pension related to injury, if the carrier fails to prove that the injury was caused by deliberate actions of the victim.

2. If a Georgian aircraft crew member dies during a flight mission, disabled persons dependent on him/her or persons who have the right, as of the day of his/her death, to receive means of subsistence, as well as a child of the deceased born after his/her death, shall be reimbursed for that portion of the income that they were receiving or were entitled to receive during the lifetime of the deceased person.

3. Provisions of this article shall also apply to a foreign aircraft operated by a Georgian operator under a rental (leasing) agreement or other legal basis.

 

Article 77 - Property liability of a carrier in the case of a passenger’s death or injury

1. A carrier shall be liable for the damage caused by a passenger's death, mutilation or other bodily injury if the accident occurred in the terminal control area or on board an aircraft.

2. A carrier's liability shall be determined under the legislation of Georgia.

3. If a carrier proves that the death of the passenger or other injury is self-inflicted, the carrier shall be exempt from liability.

 

Article 78 - Property liability of a carrier in the case of complete or partial loss, damage or delayed carriage of cargo, baggage or a passenger's personal belongings

1. A carrier shall be held liable under the legislation of Georgia for complete or partial loss, damage or delayed carriage of cargo, baggage or a passenger's personal belongings.

2. A carrier shall be held liable if it fails to prove that it took all measures to prevent the damage or it was impossible to avoid the damage. Until such evidence is submitted, it shall be assumed that complete or partial loss, damage or delayed carriage of cargo, baggage or a passenger's personal belongings is caused by the carrier.

3. A carrier shall be exempt from liability if the delayed carriage is caused by weather conditions or force majeure.

 

Article 79 - Liability of a carrier in the case of complete or partial loss, damage or delayed carriage of mail

In the case of complete or partial loss, damage or delayed carriage of mail caused by a carrier, the carrier shall be held accountable before the communications agency to the extent that the agency is responsible before senders or addressees under the Statute of the communications agency and the Universal Postal Union acts.

 

Article 80 - Responsibility for damage inflicted during aerial works

Property liability for damages inflicted during aerial works shall lie on the operators, in the manner prescribed by legislation.

 

Article 81 - Property liability for damage inflicted on a third party

If legal and natural persons suffer damage on the surface, they may claim damages if they prove that the damage was caused by a person or thing falling from the aircraft in flight. A carrier shall be exempt from liability if the loss is not a direct result of an aviation incident or if the damage is caused by the mere fact of passage of the aircraft through the airspace in conformity with the air traffic rules. For the purposes of this article, an aircraft shall be deemed to be in flight from the moment the engine is started for the purpose of take-off until the moment when the engine is shut down after landing.

 

Article 82 - Property liability for damage caused by collision of aircraft

1. In the case of damage caused by collision (or without it) of two or more aircraft, their owners shall be liable for the damage in the following manner:

a) damage caused by one of the parties shall be fully compensated by that party;

b) if damage is caused by two or more parties, each of them shall be equally liable for compensation if it is impossible to determine the extent of their fault.

2. In the case specified in this article, despite the absence of fault, a carrier shall be liable for a passenger's death, personal injury or for damage inflicted on a third party's property on board. In this case, the carrier shall have the right of recourse against the party at fault.

 

Article 83 - Property liability for damage inflicted on a third party as a result of aircraft collision

Damage inflicted on a third party as a result of aircraft collision or by an aircraft in flight shall be fully compensated by the carrier, but not in excess of the limits established by the legislation of Georgia and international legal norms. For the purpose of this article, an aircraft shall be deemed to be in flight from the moment the engine is started for the purpose of take-off until the moment when the engine is turned off after landing.

 

Article 84 - Completing a carrier’s statement

1. The terms determining property liability of the parties involved in transportation shall be evidenced by a carrier’s statement.

2. Rules for completing a carrier’s statement shall be determined in compliance with transportation procedures established by the Agency.

3. A carrier’s statement shall be prepared upon delivery of, baggage or mail; it evidences:

a) nonconformity of the names, weight (mass) or number of places of the goods and mail with the transportation documents;

b) loss or damage of cargo, baggage, mail in whole or in part;

c) detection of cargo, baggage or mail without documents, as well as detection of documents without cargo, baggage or mailings.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 85 - Procedure for submitting claims

1. Before filing a lawsuit related to the carriage of passengers, baggage, cargo or mail, a claim shall be submitted to the carrier, except for the cases of personal injury or death of a passenger.

2. At the discretion of the claimant, the claim may be submitted to the carrier at the airport of departure or destination.

 

Article 86 - Persons entitled to file claims and lawsuits

1. The following persons may file a claim and lawsuit against a carrier:

a) in the case of whole or partial loss, damage or delayed transportation of baggage - a passenger, his/her authorised representative or heir provided that a baggage receipt and carrier’s statement are presented;

b) in the case of whole or partial loss or damage of passenger's personal belongings - a passenger, his/her authorised representative or his/her heir;

c) in the case of total loss of cargo - a cargo consignee or consignor, provided that the issued air bill of lading is submitted;

d) in case of partial loss or damage of cargo - a consignee or consignor, provided that the air bill of lading and carrier’s statement are submitted;

e) in the case of delay in transportation of cargo - a consignee or consignor provided that the air bill of lading is submitted;

f) in the case of delay in transportation, whole or partial loss or damage of mail - a postal facility responsible for sending or receiving mail;

g) in the case of termination of the contract of carriage on the carrier's initiative - a passenger or his/her authorised representative, provided that the air ticket is submitted.

2. If a person does not have a carrier’s statement he/she shall not lose the right to file a claim and lawsuit if it is proved that the employees of the carrier company refused to complete a carrier’s statement and their action was challenged by the consignee or consignor.

 

Article 87 - Time limits for filing a claim against a carrier

1. A claim against a carrier may be filed within six months.

The said period shall be calculated:

a) for claims filed in connection with the total loss of the cargo – after ten days from the expiry the delivery time;

b) for claims filed in connection with the partial loss, damage of the cargo or delay in transportation - from the day of its delivery or from the day of completing a carrier’s statement;

c) for claims filed in connection with the total loss of baggage or mail - from the day when the delivery time expires;

d) for claims filed in connection with the partial loss, damage of baggage or mail, or delay in transportation - from the day of their delivery or from the day of completing a carrier’s statement;

e) in all other cases - from the day of the occurrence of the circumstances that give rise to a claim.

2. A carrier may admit for review a delayed claim if it considers that the delay was caused by valid reasons.

 

Article 88 – Time limits for submitting claims during international transportation

1. If baggage or cargo is damaged, a consignee may submit a written claim to the carrier upon detecting the damage, but not later than seven days after receipt of baggage and fourteen days after receipt of cargo.

2. If the carriage of baggage or cargo is delayed, a claim may be submitted within twenty-one days after delivery of the baggage (cargo).

3. In the case of total loss of baggage (cargo) and mail, a claim may be filed against the carrier within eighteen months after the aircraft has landed at the place of destination or after the carriage is terminated.

4. If a written claim is not filed within the above time limits, the interested person shall lose the right to file a claim against the carrier.

 

Article 89 - Claim review period

A carrier shall be obliged to review a claim and provide a response to the claimant within three months after receipt of the claim, and in the case of direct mixed carriage - within six months.

 

Article 90 - Limitation period and court hearings of transportation-related cases

Air transportation-related lawsuits may be brought before the relevant courts, in the manner prescribed by the legislation of Georgia, not later than six months after the aircraft has landed or the transportation is terminated.

 

Article 91 - Time limits for filing claims related to aerial works

A claim related to aerial works may be submitted within six months after the negative consequences of those aerial works have been detected.

 

Article 92 - Limitation period and court hearings of aerial work-related claims

Limitation periods and rules for filing of a claim related to aerial works shall be determined by the legislation of Georgia.

 

Chapter XIII - Civil Liability Insurance

 

Article 93 - The scope of civil liability and insurance obligation

1. When using Georgian airspace, a civil aircraft operator shall be obliged to insure its civil liability against the possible loss that may be suffered by a member of the crew, passenger, consignor (consignee) of cargo or mail or by a third party.

2. The Agency shall define the scope of civil liability insurance and mandatory types of insurance for civil aircraft operators in compliance with the legislation of Georgia.

3. For the purposes of this article, an aircraft operator is a natural or legal person that is in control of an aircraft (controls aircraft operation) during an aviation incident.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 94 - State supervision over the observance of civil liability insurance rules The Agency shall carry out state supervision over the observance of civil liability insurance rules by a civil aircraft operator.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 95 - Insurance during aerial works

1. A client shall be obliged to insure his/her employees and third parties that are in charge of technological processes during aerial works, as well as those persons who are, at the client's request, transported without buying travel tickets.

2. An operator shall be obliged to insure its liability for the purpose of compensation of possible damage related to the aerial works.

 

Section V

Civil Aviation Safety

 

Chapter XIV - Civil Aviation Safety Insurance against Unlawful Actions

 

Article 96 - Actions against civil aviation safety

1. Actions against civil aviation safety shall be:

a) unlawful acts of violence committed by one or more persons or a threat to commit such acts, which is directed against the aircraft, passengers, crew members, airport facilities, ground personnel and endangers flight safety, human life and health;

b) terrorist or other acts of violence or a threat to commit such acts, which is directed against the passengers, crew members and third persons both in flight or on the ground; causing damage to the equipment located at airports, navigation and communication land facilities with the purpose of seizing and hijacking an aircraft, satisfying political or other demands, disrupting air transportation and aerial works and which may adversely affect flight safety;

c) placement of such devices or substances in the aircraft that may cause its breakdown or damage, or have fatal effect on the passengers and crew members;

d) aircraft damage that endangers flight safety;

e) entry into the cockpit of the aircraft on the ground or in the air;

f) obstruction of the operation of aircraft, aviation facilities, transportation, engineering and other means of communication that disturbs the regular and safe operation of civil aviation;

g) intentional provision of false information that may endanger an aircraft flight or cause a delay in the flight.

 

Article 97 – Ensuring civil aviation safety during unlawful acts

1. During unlawful acts the Agency and airline aviation security services shall ensure civil aviation safety within the scope of their authority.

2. Civil aviation safety against unlawful acts shall be ensured:

a) by taking aviation security measures when serving passengers, carrying baggage, cargo and mail;

b) by protecting aerodrome aviation equipment and airport facilities of special importance;

c) by introducing access control and internal security policy within the terminal control area;

d) by taking preventive measures against unlawful acts and by using forcible means;

e) by taking special security measures in cases of increased risk and during emergency situations;

f) by the relevant state authorities by implementing special measures.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

 

Article 98 - Inspection of carry-on baggage, baggage and mandatory personal screening of passengers

1. Inspection of carry-on baggage, baggage and mandatory personal screening of passengers at airports shall be performed in order to ensure flight safety, life and health of passengers and crew members, as well as to prevent seizure of aircraft, including bringing illegally on board an aircraft explosive, inflammable, radioactive substances, weapons, ammunition, and other dangerous substances and things.

2. Inspections at airports or on board an aircraft shall be carried out by the Aviation Security Service.

3. If a passenger refuses to be checked, a carrier may cancel the contract of carriage concluded with the passenger.

4. If information about an act of violence is received, by the decision of the pilot-in-command of the flying aircraft, a passenger or his/her carry-on baggage may be checked additionally.

5. For the purposes of this article, an aircraft shall be deemed to be in flight from the moment when all external doors are closed after boarding and loading is completed until the moment when one of the doors is opened for disembarking and unloading.

6. Passengers shall be inspected at airports and on board an aircraft in compliance with the State Programme for Safeguarding Civil Aviation against Acts of Unlawful Interference.

 

Chapter XV - Search and Rescue

 

Article 99 - Aircraft in distress or distressed aircraft

1. An aircraft is considered to be in distress if it and its passengers face imminent danger which cannot be avoided by the crew of the aircraft.

2. An aircraft is considered to be distressed if it is significantly damaged or completely destroyed during take-off, flight, landing or falling, as well as if radio communications with the aircraft are lost and its location is unknown.

3. A search for the distressed aircraft and its passengers shall be organised in order to ensure their survival.

 

Article 100 – Distress signals

For the purpose of transmitting messages from an aircraft in distress or distressed aircraft without interference, united international radiotelegraph and radiotelephone alarm and distress signals shall be used.

Signals and rules for their use shall be determined by legislation.

 

Article 101 - Actions of the crew when an aircraft is in distress

If an aircraft is in distress during flight, the pilot-in-command and crew members shall be obliged to take all possible measures to protect human life and health, as well as the aircraft and property on board.

 

Article 102 - Assisting aircraft in distress and people on board

A pilot-in-command who received a distress signal from another aircraft or ship or noticed an aircraft and people in distress, shall be obliged to help them, if it does not endanger the passengers, crew and the aircraft entrusted to him/her. He/she shall also be obliged to mark on the map aviation or maritime accident place and transmit the available information to air traffic control authorities.

 

Article 103 - Organising search and rescue operations

1. Search and rescue operations shall be carried out both by Georgian air forces and equipment, as well as by rescue teams specialised in search and rescue on land and at sea.

2. The procedures for conducting search and rescue operations, the participating agencies, and their rights and obligations shall be determined under an aviation search and rescue response plan that is approved by the Government of Georgia.

3. Citizens of Georgia shall be obliged to assist search and rescue teams in search and rescue operations.

4. Search and rescue operations shall be financed from the State Budget of Georgia.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 104 - Search and rescue operations in the airspace of the open sea

In the airspace of the open sea, where Georgia is responsible for air traffic, search and rescue of the passengers of an aircraft in distress shall be carried out by search and rescue teams of Georgia or joint forces under an agreement concluded between Georgia and foreign states.

 

Article 105 - Rescue operations

1. Rescue operations relating to aviation accidents and incidents in the territory of aerodromes and adjacent areas shall be performed by aerodrome rescue teams.

2. The costs of these operations shall be covered by the aircraft operator concerned.

 

Article 106 - Access of foreign search and rescue teams in the territory of Georgia

1. Under agreements concluded between Georgia and foreign states, search and rescue units of foreign states shall be granted access to the territory of Georgia.

2. In the absence of an agreement, a permit granting access to foreign search and rescue teams to the territory of Georgia shall be issued by the Government of Georgia.

Law of Georgia No 1038 of 6 September 2013 - website, 23.9.2013

 

Article 107 - Information on aircraft in distress or on distressed aircraft

Legal and natural persons that have communication means shall immediately and free of charge transmit information on aircraft in distress or on distressed aircraft. Citizens shall be obliged to immediately notify the relevant public authorities about the facts known to them on an aircraft in distress or on distressed aircraft.

 

Article 108 - Termination of search for aircraft and its passengers on board

1. If search for aircraft and people on board is unsuccessful, the Government of Georgia shall make a decision on terminating the search.

2. An aircraft, the search of which is officially terminated, shall be deemed to be missing.

Law of Georgia No 1038 of 6 September 2013 - website, 23.9.2013

 

Chapter XVI - Aviation Accident and Incident Investigation

 

Article 109 - Aviation accidents, incidents and the purpose of official investigation

1. An aviation accident in the case of a manned aircraft is an occurrence associated with the aircraft operation that takes place between the time a person boards the aircraft in order to fly until all such persons have disembarked, and in the case of an unmanned aircraft – takes place from the moment when aircraft is ready to start moving for the purpose of flight until it comes to rest at the end of the flight and the primary propulsion system is shut down, provided that:

a) a person is fatally or seriously injured:

a.a) as a result of being in the aircraft;

a.b) as a result of direct contact with any part of the aircraft (including those parts which have become separated from the aircraft);

a.c) as a result of direct exposure to jet blast.

Note: when injuries are from natural causes or self-inflicted, or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew, shall not be considered as aviation accidents;

b) an aircraft sustains damage or structural failure, which:

b.a) adversely affects the structural strength, performance or flight characteristics of the aircraft;

b.b) whould normally require major repair or replacement of the damaged parts, except for engine failure or damage, which is limited to the engine (including cowlings and accessories), propellers, wing tips, antennas, sensors, blades, tires, brake gear, wheels, fairings, panels, landing gear doors, wind screens, the aircraft skin (such as small dents or holes), the main rotor blades, the tail rotor blades, landing gear as well as to minor damages caused by hail or birdstrike (including holes in radar antenna cowls);

c) the aircraft is missing or completely inaccessible.

2. An incident is an occurrence related to the operation of an aircraft (excluding aviation accidents) that affects or could affect the safety of aircraft operation.

3. An incident is serious where there are circumstances indicating that during aircraft operation there was a high probability of an aviation accident, and which, in the case of a manned aircraft, takes place between the time any person boards the aircraft in order to fly until all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until it comes to rest at the end of the flight and the primary propulsion system is shut down.

4. An official investigation shall be conducted in the manner prescribed by the legislation of Georgia in aviation accidents and incidents that took place in the territory of Georgia.

5. An official investigation of aviation accidents and incidents is intended to prevent aviation accidents and incidents in the future. An official investigation is not intended to determine someone's guilt or his/her responsibility for the occurrence of the aviation accident or incident.

Law of Georgia No 6435 of 12 June 2013 - website, 25.6.2012

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

 

Article 110 – Investigation of aviation accidents and incidents

1. An official enquiry into civil aviation accidents and serious incidents shall be conducted by the Ministry of Economy and Sustainable Development of Georgia.

2. A civil aviation incident where there is no high probability of an aviation accident or serious incident shall be investigated by the aircraft operator and/or the aviation enterprise concerned, and if requested, shall submit the inquiry report to the Agency and the Ministry of Economy and Sustainable Development of Georgia.

3. An official enquiry into aviation accidents and incidents occurring in the Georgian State Aviation (including serious incidents) shall be carried out by the Commission of the Ministry of Defence of Georgia.

4. Experimental aviation accidents and incidents shall be investigated by the relevant departmental commission.

5. When investigating an aviation accident or incident that concerns various agencies, the Government of Georgia may set up an interagency commission.

6. The right to investigate foreign civil aviation aircraft accidents and serious incidents shall be transferred, in whole or in part, by mutual agreement, to the concerned State or appropriate international organisation.

7. If a civil aviation aircraft accident and serious incident occurs, notification shall be sent to the States that registered, operated, designed or manufactured the aircraft and that are entitled to appoint authorised representatives in order to participate in the investigation.

8. If a civil aviation aircraft accident and serious incident occurs, notification shall also sent to ICAO, if the aircraft’s maximum mass exceeds 2250 kg or it is a turbo active aircraft.

Law of Georgia No 3185 of 25 May 2006 - LHGI, No 17, 30.5.2006, Art. 130

Law of Georgia No 4597 of 30 March 2007 - LHGI, No 11, 10.4.2007, Art. 101

Law of Georgia No 4217 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 6435 of 12 June 2013 - website, 25.6.2012

Law of Georgia No 822 of 12 July 2013 - website, 6.8.2013

Law of Georgia No 1038 of 6 September 2013 - website, 23.9.2013

 

Article 111 – Safe custody of evidence

1. An aircraft, its components, the remaining debris of the aviation accident, on-board and ground recorders, all documents on the ground relating to aircraft maintenance, operation, and its flight support, shall be considered to be evidence of the aviation accident and shall be kept in safe custody until they are transferred to the investigating commission.

2. Persons found guilty for intentional damage or destruction of material evidence shall be punished under the legislation of Georgia.

 

Article 112 - Participation of other legal persons in an aviation accident and incident investigation

The relevant public authorities, legal persons and military agencies shall be obliged to secure the aviation accident (incident) site and create favourable conditions for the work of the Commission.

 

Article 113 - Funding of an aviation accident and incident investigation, and elimination of their consequences

1. Expenses related to the elimination of consequences caused by aviation accidents and incidents, as well as to their official investigation shall be reimbursed from the State Budget of Georgia.

2. (Deleted - 12.6.2012, No 6435).

Law of Georgia No 6435 of 12 June 2013 - website, 25.6.2012

 

Chapter XVII - Responsibility for Violating Aviation Legislation

 

Article 114 - Liability for acts of unlawful interference

Liability for acts of unlawful interference shall be defined by the legislation of Georgia.

 

Article 115 - Responsibility of civil aviation employees for disciplinary offences

Civil aviation employees committing disciplinary offences shall be held liable in compliance with the labour legislation of Georgia.

 

President of Georgia                                                                                                                            Eduard Shevardnadze

Tbilisi

29 October 1996

No 462-IS