Law of the Fourth Amendment to the Civil Aviation Law No. (148) for the year ..
Law of the Fourth Amendment to the Civil Aviation Law No. (148) for the year 1974 April 12, 2016
4/12/2016 0 Comments
Name of the people
Based on what passed the House of Representatives and approved by the President of the Republic and based on "the provisions of subsection (I) of Article (61) and item (iii) of Article (73) of the Constitution.
Issued the following law:
No. () for the year 2016
Fourth Amendment to the Act and the Civil Aviation Law
No. (148) for the year 1974
Article 1 first - cancels the text of paragraphs (4) and (31) of Article (1) of the Civil Aviation Law No. 148 of 1974 and replaced by the following: -
4. Civil Aviation Authority: General Establishment of Civil Aviation and represented by the Minister of Transport in the Cabinet.
31. Aviation accident: Each incident linked to run the plane fall since a time when a person ascends to the plane intent to fly until the time of the departure of all these people of the plane and going through:
A injuring anyone seriously injured or dies as a result of his presence on the plane or inadvertent contact them directly, or anything where Sticky 0
B - plane malfunctioned serious injury
C - lost aircraft or impossible to access.
Second, add the following to the end of the article (1) of the Act and are paragraphs (33) and (34) and (35) and (36) and (37) to them.
33. The airline incident: Each incident does not apply aviation accident linked to run the plane and affect or could affect operational safety.
34. The certificate of aircraft airworthiness: a certificate issued by the Civil Aviation Authority of the State of registration of the aircraft recognizes where the plane or parts of them to meet the terms of the applicable airworthiness and maintenance after a specified period of time.
35. Certificate Type: document outlining the design of the aircraft model or the engine or propeller engine issued by the civil aviation authority of the State of the manufacturer and recognize the achievement of the design to the requirements of the appropriate authority in this state .36- efficient production certificate: A document issued by the Civil Aviation Authority of the State of the manufacturer recognizes the ability of the manufacturer Entries on the production of parts of this document and in accordance with the terms of a certificate Bha.37- adjusted for sex: a document issued by the civil aviation authority of the State of the manufacturer indicate a change in the design of the aircraft or aircraft engine, or propeller engine recognizes the achievement of the design to the requirements of the appropriate authority in this country.
Article -2 - The text of Article (3) of the Act and replaced by the following:
3 - The provisions of the Convention on International Civil Aviation, signed in Chicago on 7 / December / 1944 and other international treaties and conventions of Civil Aviation which the State or by acceding to it in the future an integral part of this law.
Article 3 - - The text of Article (16) of the Act and replaced by the following: -
16 - may not be the creation and preparation of civil airports in the country, use or investment without prior permission of the Civil Aviation Authority in coordination with the rest of the departments concerned to be taken into consideration planning and expansion of cities and environmental requirements programs.
Article - 4 - Add the following to the end of the article (65) of the Act and Paragraph (5) her: 5 - may not be the production of aircraft or engine or propeller engine plane only after obtaining a certificate type and certificate of efficient production, it may not be the product modified only after get a certificate when adjusted for sex in the cases determined by the Iraqi civil Aviation authority, and issue these certificates from the civil aviation authority of the State of the manufacturer according to the conditions and specifications adopted by, and for the authority of the Iraqi civil Aviation to adopt or accept a type certificate or a certificate of amendment kind issued by a foreign country.
Article - 5 - The text of Article 71 of the law and replaced by the following: -71- to the Civil Aviation Authority to put air and regulations rules relating to the flight of aircraft and air navigation and the protection of persons and property on the surface and the use of air space and the development of the rules and regulations necessary to remove or reduce any noise and air pollutants resulting from the aircraft and other engines which affects the safety of the conduct of air operations in coordination with the concerned authorities.
Article 6 - - The text of paragraph (1) of the (197) of the Act and replaced by the following: -
1. General Civil Aviation facility:
A sum meet at least (15000000) ten million dinars and not more than (20000000) fifteen millions of dinars Whoever violates the provisions of the licenses granted or instructions and rules issued in accordance with the provisions of this law, published in the Iraqi civil aviation guide.
B - the amount to meet at least (5000000) five million dinars and not more than (15000000) five million dinars tenth of every person, company or institution the carrier or agent of any of them violates the provisions of paragraph (6) of Article (eighth and twenty percent) of this Act or promoted ticket sales in any way less than the prescribed prices, in the case of repeated violation fulfills amount not less than (12500000) twelve million five hundred thousand dinars and not more than (25000000) twenty five million dinars each time, without prejudice civil and criminal consequences for an act of responsibility.
Article - 7 - repealed published article (198) of the Act and replaced by the following: -
198. Without prejudice to any more severe penalty provided by law, shall be punished by a fine of not more than (30 million) thirty million dinars and not more than (50,000,000) fifty million dinars each:
Article - 8 - issued repealed Article 199 of the Act and replaced by the following: -
199: - Without prejudice to any more severe penalty provided by law, shall be punished by a fine of not less than the (30000000) thirty million dinars and not more than (50,000,000) fifty million dinars each:
Article 9 - - substitute the word authority instead of the authorities wherever found in the law
Article - 10 - This law shall be the date of its publication in the Official Gazette.
For the purpose of keeping up with global developments in the field of civil aviation, and for the inclusion of new cases of the Civil Aviation Act and the expansion of the civil aviation authority tasks and adjust the amounts updated for irregularities in proportion to the offenses and with economic and environmental reality.
Initiated this law.