Aviation law in UAE is one of the fastest developing areas of law, both locally and internationally.
We identify the main challenges currently facing the national aviation sector from a legal point of view. It also seeks to highlight some key provisions in the United Arab Emirates (UAE) legislation for regulating different aspects related to civil aviation, including international conventions to which the UAE has adhered, or is in process of accession, or ratification.
Aviation law covers both public and private sectors of civil aviation activities that are carried out either by governmental agencies or by airlines that are privately owned.
A number of international conventions have been implemented in UAE national legislation to enforce safety standards in airline operations and to protect the rights and interests of passengers.
One of the main challenges for UAE aviation law is that it needs to be responsive and adaptive to the fast-changing operational and legal environments, including the emergence of new forms of transportation such as space tourism.
Aviation law covers both public and private sectors of civil aviation activities that are carried out either by governmental agencies or by airlines that are privately owned.
UAE national airline is Etihad Airways, which was established on 25th October 2003. It started its operations in January 2007 with its first flight between Abu Dhabi and London. Etihad is UAE’s national carrier which has its main hub at Abu Dhabi international airport, Al Bateen. It also operates offices in Brussels, Geneva, Washington D.C., Mumbai, Singapore, and Sydney. The airline carried 17 million passengers in 2013, a 10% growth over the previous year mainly due to new routes being opened.
UAE is a member of the 1944 Chicago convention for international civil air travel. UAE was also one of the first countries to ratify Montreal Protocols 4/4, 8/12, and 15/32 on aircraft hijacking, unlawful interference, explosives and dangerous materials on an aircraft, and unlawful seizure of aircraft respectively.
UAE civil aviation authority (CAA) is the sole entity responsible for licensing, regulation and safety oversight of the country’s air transport sector. On 1st January 2008 RTA assumed all government functions related to civil aviation which were previously carried out by the General Civil Aviation Authority (GCAA). RTA is also responsible for the regulation of air navigation, investigation of accidents and incidents as well as enforcement actions against violators.
The main legislation that have been passed or are being discussed regarding the civil aviation sector include:
– Federal aviation law No.9/2011 on civil aviation
– Aviation security law No.4/2009
– Federal Law No.3/2012 concerning the UAE air transport code
– Federal law No.23 for 2014 regarding combating human trafficking
– Law No.1 of 2015 regarding special economic zone in UAE, and free zone authority, in particular, to regulate the economic activity in free zones.
The General civil aviation authority (GCAA) was established on February 5th, 2003 to be responsible for developing the UAE’s civil aviation sector. It is also vested with responsibility for ensuring safe and efficient air navigation, enforcing safety rules and regulations, issuing permits to airlines, and training inspectors, among other things.
After the tragic accident which took place due to serious technical failure of one the Airbus A330 aircraft at Dubai international airport on 3rd August 2010, which led to the death of 13 passengers and a number of injuries, a new bill was introduced named ‘the law for the protection of passenger rights. The bill was issued in 2011 and it protects passengers from being victims of the airline’s shortcomings. It also facilitates travel for passengers with special needs, protects their interests, and responds to their complaints.
The General civil aviation authority is responsible for conducting investigations into aircraft accidents/incidents in UAE. In addition to this, there also exists a special unit in the authority responsible for overseeing the safety of all civil aviation activities that are carried out by commercial and private aircraft.
In case of an aircraft accident/incident which involves foreign aircraft, UAE can ask for International Civil Aviation Organization (ICAO) to conduct an investigation on its behalf.
Liability for passenger claims resulting from an event that leads to death, injury, or damage to their property lies with the airline operating that aircraft under the Montreal convention 1999 and its annexes (Montreal addition protocol 2004). In case of cancellation or denied boarding due to overbooking, compensation is paid as per UAE civil aviation law No.9/2011.
Pursuant to UAE Federal Law No. 3for the year 2012 on combating human trafficking, any person who is involved in organizing illegal travel or bringing illegal migrants into or out of UAE can be sentenced to imprisonment up to 15 years and a fine up to AED 500,000.
The violation of Federal Aviation law No. 9/2011 can be punishable with imprisonment for a period not exceeding one year or a fine of not less than AED 50,000 and not more than AED 100,000 or both penalties. Furthermore, the violator could also have his license revoked and aircraft impounded.
According to Federal Law No.23 of 2014 on child protection, anyone involved in such activities will face imprisonment for a period not exceeding 5 years and a fine not less than AED 100,000 and not more than AED 500,000 or both penalties.
Violation of regulations issued by the General civil aviation authority can result in suspension or revocation of license, fines, payment for damages caused to aircraft, among other penalties.
The penalty for violation is imprisonment for a period not exceeding 6 months or a fine not less than AED 50,000 and not more than AED 100,000 or both penalties.
Offenses committed on board an aircraft that is registered outside UAE are governed by the law of the state to which that aircraft belongs. If a pilot or a member of cabin crew is accused of a crime during international flights, he will be tried under the criminal law of UAE. However, if an aircraft is registered outside UAE and a crime is committed during an international flight, then it will also fall under the category of ‘international crimes’ as per Article 1 of Federal law No. 3 for 2012 on combating human trafficking. In such instances, the accused can be tried in accordance with Dubai law.
The General civil aviation authority is responsible for conducting investigations into aircraft accidents/incidents in UAE. In addition to this, there also exists a special unit in the authority responsible for overseeing the safety of all civil aviation activities that are carried out by commercial and private aircraft.
In case of an aircraft accident/incident which involves foreign aircraft, UAE can ask for International Civil Aviation Organization (ICAO) to conduct an investigation on its behalf.
The penalty is imprisonment for a period not exceeding 15 years and a fine up to AED 500,000.
The penalty is imprisonment for a period not exceeding 5 years and a fine not less than AED 100,000 and not more than AED 500,000 or both penalties.
The penalty for violation is imprisonment for a period not exceeding 6 months or a fine not less than AED 50,000 and not more than AED 100,000 or both penalties.
Pursuant to UAE civil aviation law No.9/2011, the air navigation service provider in UAE is liable for the loss, death or injury of passengers as well as damage to luggage and cargo.
Pursuant to UAE civil aviation law No. 9/2011, the liability of an airfreight agent is limited to AED 730 per kg (maximum amount AED 22,000).
Aircraft operators are charged a fee for each aircraft that includes both private and commercial aircrafts. The charges pertain to the airport tax as well as the AIP services. In addition to this, they will also have to pay fees based on their total landing weight.
The penalty is imprisonment for a period not exceeding 6 months or fine not less than AED 50,000 and not more than AED 100,000 or both penalties.
Civil disputes will be governed by the civil law of Dubai.
All aviation matters are governed by Federal law No.3/2012 on combating human trafficking, Federal civil aviation law No.4/2009 and Federal civil aviation law No. 23 / 2014 in UAE. This means that all offences covered under these laws will be transferred to UAE as per Article 2 of Federal law No. 3/2012. Offences committed outside the UAE by pilots and cabin crew will come under this category too.
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