18. Detention of aircraft, and, having regard to the best practices, any other regulations needed for development of civil aviation and its proper control. CHAPTER FOUR-CIVIL AVIATION COUNCIL ARTICLE XVI. There shall be a Civil Aviation Council which shall be the highest authority to advise the Government in all civil aviation matters, and which shall particularly: a. Advise the Government in civil aviation policy matters: b. Submit international agreement for ratification; c. Advise the Government on civil aviation administration and investment budgets; d. Interpret the civil aviation laws and rules, regulations and orders; especially in eventual disputes between the Department of Civil Aviation and other parties; The Civil Aviation Council shall consist of five members appointed by the Government from Ministries interested in civil aviation and from persons especially qualified by knowledge and experience. The chairman and vice-chairman of the Council shall be nominated by the Government. A quorum of three, including either chair- or vice-chairman shall be needed for lawful decisions. Decisions shall be taken by a majority of votes. If the votes are equally divided, the acting chairman shall have a second vote. The Director of the Civil Aviation shall act as a secretary to the Civil Aviation Council. The Council meeting will be called by the acting chairman at least once every three months. ARTICLE XVII. By the judgment of the court the following persons shall be subject to a fine of not less than 1,000 Afs. [Afghanis] and of not more than 10,000 Afs. [Afghanis] or to imprisonment of not less than two months and not more than six months or to both. a. Any person who engages in commercial air transportation without an operating certificate; b. Any person who pilots an aircraft or, as a member of the crew, participates or assists in any way in operating an aircraft, or who acts as a flying instructor without the appropriate license. c. Any person who pilots an aircraft without a certificate of airworthiness or with one the validity of which has expired. ARTICLE XVIII. If the offenses mentioned in Article XVII result in injury or death, the offender may also be subject to penalty laid down for a crime. ARTICLE XIX. For minor infringements of this Act, rules or regulations, the Director General of Civil Aviation can impose a disciplinary fine not exceeding Afghanis 1,000. 20 Assad 1335 12 August 1956 AMENDMENT TO THE CIVIL AVIATION ACT The sentence "Director General of Civil Aviation" stated in articles (15-16 and 19) of the Civil Aviation Act has been amended to "President of Civil Aviation". ARGENTINA Prior to the enactment of the Aviation Code of July 15, 1954, air law in Argentina was regulated by a multitude of laws, decrees, and ordinances. The basic law was the decree of September 4, 1925, which, although passed "to bridge the gap until an Argentine law concerning air traffic is enacted" remained in effect until 1954. The regulation of July 30, 1926, concerning flight and landing rules on Argentine territory was amended more than 60 times-which made it almost impossible to get a clear view of the legal situation. These, and a number of other decrees and regulations have been superseded by the code of 1954. This code (Law No. 14,307, entitled "Aeronautical Code of the Argentine Republic"), apparently has not been amended since its enactment. However, in 1957 a special commission for the study of possible modifications in the code held meetings (ending on October 25, 1957) and may eventually present proposals for amending the code. The Argentine Government recently has promulgated several decrees in regard to policies concerning air traffic. The code is largely based on a draft law prepared by a commission appointed by a resolution of June 26, 1935, of the Ministry of the Interior. Article 3 of this draft law enunciated Argentine's sovereignty over the airspace above the country, but the Argentine Institute of Air Law, in preparing this code, considered it better legislative technique not expressly to state the principle of air sovereignty; since both the Paris convention of 1919 (art. 1) and the Chicago convention of 1944 (art. 1) recognize that each state has complete and exclusive sovereignty over the airspace above its territory, and since Argentina adhered to both conventions, it was held unnecessary to reaffirm "a right which nobody denies." Article 3 of the Aviation Code permits free aerial navigation except as specifically limited by the code. It should be noted that the French Air Code of 1955 (art. 17) and the West German Air Law of 1959 (art. 1) also grant freedom of the air, subject to specific limitations and conditions and, insofar as foreign aircraft are concerned, subject to reciprocity under multilateral or bilateral agreements. The British Civil Aviation Act, 1949 (sec. 8) merely states that the act gives effect to the Chicago Convention subject to compliance with the conditions set forth in the act. Section 104 of the Federal Aviation Act of 1958 also recognizes a public right of freedom of transit through the navigable airspace of the United States. TABLE OF CONTENTS Article Chapter II. Damages caused to third parties on the ground___ Chapter III. Damages sustained when the transportation is gratui- ARGENTINA 1 AVIATION CODE OF ARGENTINA, PROMULGATED AUGUST 4, 1954 TITLE I-GENERAL PROVISIONS Article 1. This Code shall govern civil aviation within the territory of the republic of Argentina and the space over it as circumscribed by vertical lines at its perimeter. For the purposes of this Code, the term "civil aviation" shall mean all those activities which directly or indirectly entail the use of aircraft, excluding military aircraft and aircraft of the customs and the police. With respect to national military aircraft, only the provisions pertaining to air navigation as well as the regulations which the aeronautics authority may issue therefor, shall apply. However, when, because of their special operations, such aircraft have to depart from these provisions, they shall inform the competent authority in advance in order that the proper safety measures may be taken. Article 2. For the purposes of this Code, the term "territory" shall include bodies of water under the jurisdiction of the State. Provisions pertaining to the landing of aircraft on land shall apply equally to landing on water. TITLE II-PROVISIONS PERTAINING TO NAVIGATION IN THE AIR Article 3. The takeoff, flight, and landing of aircraft shall be permitted within the national territory except as limited in this Code. Article 4. No person may oppose the passage of an aircraft by reason of any property right. If damage should result such person shall be entitled to compensation. Article 5. In the event of war or internal disturbance, or when the public welfare is deemed endangered, the Executive shall have the power to prohibit or limit navigation in the air over the territory of Argentina with respect to all or a particular type of aircraft. Article 6. Flight over specified areas of Argentine territory may be prohibited or limited for military reasons, in the interest of the public welfare, or for other analogous reasons. Article 7. The Executive shall have power to forbid, or place conditions upon, the transportation of: a) explosives; b) arms and ammunition of war; c) photographic equipment; d) other articles or substances which may be enumerated. In no event shall permission be granted for the transport of explosives or ammunition of war in aircraft transporting passengers. 1 Law No. 14,307, passed July 15, 1954, sanctioning the Code: (published in Boletin Oficial, Aug. 18, 1954), also published with official annotations (referring to relation of the Code with other laws, explanatory of terminology and giving references to applicable international conventions, in the series "Codigos y Leyes Usuales de la Republica Argentina" under the title "Codigo Aeronautico de la Nacion Argentina" by Lajouane Editores, Buenos Aires (1954). Article 8. Aircraft shall have radio communications equipment, for which the proper license must be issued by the competent authority. The Executive shall make a determination with respect to aircraft which may be excepted therefrom. Article 9. No aircraft may fly over populated areas at an altitude less than that established by the competent authority. Article 10. Except in emergencies, nothing my be dropped from an aircraft which may cause injury to persons or damage to property on the ground. Article 11. Foreign aircraft may enter the country only at an international airport and over an air route designated for that purpose. Foreign state aircraft may do so only with the authorization of the Executive obtained in advance in the manner set forth in Article 68, clause 24, of the National Constitution. Article 12. The competent authority shall have the power to carry out the inspection of persons, of aircraft, of the crew on an aircraft, and of articles being transported, before takeoff, while in flight, upon landing or while the aircraft is parked on an airdrome, and to take the necessary measures for the safety of the flight. Article 13. In regard to the national and international air routes established in this country, there shall be established and maintained flight control services, meterological services, radio communications services, and ground aids to air navigation. Article 14. The services of flight control, meteorology and radio communications shall be furnished exclusively by the national Government. Article 15. The Executive shall have the power to make arrangements with adjacent countries for common services of flight control, meteorology, and radio communications. Article 16. Aircraft which have been repaired or which have undergone modification, shall not make flights without first being inspected and relicensed by the competent authority. Article 17. Aircraft departing from the territory of Argentina may do so only from an international airport or from an airdrome especially designated by the competent authority where the formalities of inspection may be carried out. The same requirements shall apply to flights arriving from abroad. Article 18. Aircraft arriving from abroad or departing from the territory of Argentina shall clear the frontier over pre-established points and follow designated air routes. Except in the case of force majeure, such aircraft may not land on an airport within the geographic borders before or after complying with the inspection requirements. Article 19. Private aircraft not engaged as public passenger or cargo carriers may be excepted specifically and individually from having to depart and land on an international airport. In such case they shall do so on other airdromes designated in advance by the competent authority and they shall follow the air route indicated by such authority. Article 20. When an aircraft has landed outside of an international airport [aerodromo de frontera] or one of the type indicated in the preceding article, the persons in charge of the aircraft shall immediately communicate with the nearest authority. |