Aviation Injury Laws

Aviation Injury Laws

Article 1 - Purpose of this Law; advanced technology, which shows a continuous and rapid development
To ensure that the activities in the civil aviation field, where speed and safety factors are of great importance, are organized in accordance with our national interests and international relations.
Scope
Article 2 - This Law covers the activities of public institutions and organizations and real and private legal entities in the aviation field.
State aircraft are out of the scope of this Law in cases where there are no explicit provisions.
Definitions
Article 3 - For the purposes of this Law;
a) "Turkish Airspace" means: the territory under the sovereignty of the Republic of Turkey Turkey
the field over the territorial waters,
b) The term "Aircraft" means any vehicle that can take off and has the ability to navigate in the air,
c) (Amended: 12/7 / 2013-6495 / 25 md.) The term "State Aircraft": Aircraft used by the state in military, security, customs and forest fire fighting services,
d) The term "Turkish Civil Aircraft" means the ownership of and outside the definition of state aircraft.
Vehicles belonging to the Turkish State or public entities or Turkish citizens,
e) "Airport" term: for aircraft taking off and landing on land and on water.
specially prepared, to meet the maintenance and other needs of aircraft, passengers and
places with facilities suitable for receiving and delivering cargo,
f) "Ferry Flight" term: means an aircraft without carrying passengers or cargo; purchase or
flights made for the purpose of bringing them to the country without registration procedures,
Partially malfunctioning flights without prejudice to its availability;
Turkish air sovereignty
Article 4 - The Republic of Turkey is having complete and exclusive sovereignty in Turkish airspace.
Use of Turkish airspace
Article 5 - Turkish airspace is enforced by aircraft by this Law and other relevant legislation.
Used within the framework of the provisions.
Aircrafts that will benefit from Turkish airspace
Article 6 - The aircraft listed below can fly in Turkish airspace, provided that they are suitable for flight.
a) Turkish State aircraft,
b) Turkish civil aircraft registered in the Turkish aircraft registry,
c) In accordance with the agreements which Turkey is a party that is permitted to fly aircraft of the Turkish Air Field,
The use of Turkish Airspace by any aircraft other than those mentioned above is subject to the permission of the Ministry of Transport. The Ministry of Transport takes the opinion of the General Staff and the Ministry of Foreign Affairs before granting the necessary permission.
Flight bans and restrictions
Article 7 - The President of the Republic of Turkey, for public order and security considerations or as a temporary or permanent measure, for military reasons, the whole or a certain part of the Turkish airspace.
It may prohibit or restrict its use or flying over certain areas.
to ensure the security of the General Staff and the Ministry of Transport.
other restrictions may be applied by the Ministry of Transport without being subject to this provision. (1)
Limitations on airlines and airports
Article 8 - Aircraft entitled to fly in Turkish airspace and other air
the flight paths of the vehicles and the airports they will use, with the General Staff
It is determined by the Ministry of Transport, with the necessary coordination.
Use of bonded airports
Article 9 - Aircraft going to or coming from foreign countries, but
It is obliged to take off and disembark from customs airports.
In exceptional cases, the use of a duty-free airport is permitted in the decision office to be jointly made by the Ministry of Transport, the Ministry of Customs and Monopolies and the Ministry of Interior.
can be given.
Landing from the designated customs airports to another place due to necessity
if it is done, the aircraft pilot in charge will immediately inform the airport manager, if there is no
to announce to the nearest civilian authority or police officer and until the competent authorities seize
is obliged to secure the aircraft with its passengers and cargo.
Reporting aircraft accidents
Article 10 - Any civil aircraft accident is reported to the Ministry of Transport by the fastest means by the pilot in charge or, if not possible, one of the crew, the operator and local authorities.
First measures
Article 11 - Compulsory rescue assistance procedures and to protect the safety of life and property
Except for the precautions, actions that would prevent the investigation and investigation to be carried out in peace are not carried out and the evidence
it is kept exactly the same. In this regard, local civilian authorities take the necessary precautions.
Research and investigation about the causes of the accident (1)
Article 12 - (Change: 23/1 / 2008-5728 / 427 art.)
To clarify the causes and manner of occurrence of the accident and to ensure that life and property safety in civil aviation
For the purpose of preventing recurrence in terms of ensuring that every civil aircraft accident
technical research and examination is done.
Research and Review Board (2)
Article 13 - (Change: 23/1 / 2008-5728 / 428 art.)
Ministry of Transport, aviationIt assigns a committee to be selected from among those whose expertise is approved to investigate the causes of the accident. This Board, within the scope of the purpose specified in the article above,
conducts various investigations and examinations, and cooperates with the public prosecutor in charge of carrying out the investigation
collecting evidence by doing.
The Board can listen to the relevant people during its research and investigation activities; have the statements taken from persons who refrain from making a statement by applying to the public prosecutor; Being present during this statement taking, questions to the person whose statement has been taken regarding the matters requested to be clarified.
may ask to be asked.
During the research and examination activities, the Board
other experts may be appointed.
The establishment of the Research and Examination Board, the execution of the research and examination, the powers and responsibilities, the rescue and assistance works to be carried out in aircraft accidents are regulated by a regulation by the Ministry of Transport. These regulations will be taken into consideration in international agreements to which Turkey is a party.
Research and examination report (3)
Article 14 - (Change: 23/1 / 2008-5728 / 429 art.)
Research and Review Board; in the form of a detailed and justified report together with the points it has determined, the conclusion it has reached, the measures it deems appropriate to be taken in terms of preventing repetitions, and its recommendations.
It gives to the Ministry of Transport.
Members who do not agree with the issues in the report partially or completely, can express their personal opinions in an additional report.
The Ministry of Transport gives a copy of the report to the relevant authorities and the Official
Announces to third parties in the newspaper. In the announcement made in the Official Gazette, where and what
It is stated that it can be examined. When necessary, the report can be sent partially or fully by the appropriate means.
is published. However, in case an investigation is initiated regarding the accident, the Ministry of Transport
A copy of the report prepared to be evaluated within the scope of the investigation or prosecution,
it only gives to the relevant chief public prosecutor's office.
Application by comparison
Article 15 - Even if an accident does not result in death or injury, life and property in civil aviation
Ministry of Transport will also be included in this section about events that are important for the protection of security.
is authorized to operate by analogy in the field of principles.
Debris
Article 16 - If the aircraft has become wrecked as a result of an accident; The owner can take the wreckage by paying the conservation costs within 90 days.
Lost
Article 17 - The aircraft disappeared after 90 days since the last news
The court of competent jurisdiction is the court of the place where this vehicle is registered.
The court that made its decision notifies the Ministry of Transportation of its own motion.
International Civil Service, which was approved by the provisions of the Civil Code and the Law No.
The provisions of Article 25 of the Aviation Agreement are reserved.
THIRD PART
Commercial Air Operations (1)
Permission (2)
Article 18 - Real persons and legal entities, for commercial purposes, for a fee, by aircrafts and passenger or cargo
or from the Ministry of Transport to carry out passenger and freight transport and other commercial activities.
obtaining permission is a prerequisite.
(Amended second paragraph: 23/1 / 2008-5728 / 430 art.) Permission can be linked to certain conditions and duration. Permit certificate,
a) In cases where national security or public order may be endangered,
b) Founding partners of real persons or legal persons and their authorized representatives; Turkish Penalty
Even if the periods specified in Article 53 of the Law have passed, banking, capital markets and smuggling
Theft, looting, abuse of trust, crimes defined in the legislation and requiring imprisonment,
fraud, fraudulent bankruptcy, money, values ​​considered equal to money, valuable stamp, seal, official document,
Forgery in a private document, misconduct in the tender, misconduct in the performance of the act, usury, embezzlement, extortion,
bribery, laundering of property values ​​arising from crime, crimes against the security of the state, constitutional order
and has been convicted of crimes against the functioning of this order, (...) (2) or the hijacking or detention of means of transport,
is not given.
Operating license
Article 19 - Passenger or freight service with aircraft for commercial purposes, on certain lines, for a fee
or other than the permission specified in Article 18 of the real or legal persons who will carry passengers and cargo,
They must obtain an operating license from the Ministry of Transport.
Application and documents
Article 20 - Passenger or freight or passenger and freight by aircraft for a fee for commercial purposes
The documents to be attached to the applications of real and legal persons who will apply for permission and license from the Ministry of Transport and the conditions to be sought in the application Regulation to be prepared by the Ministry of Transport.
determined by.
Examination
Article 21 - The application is examined by the Ministry of Transport in terms of eligibility and country benefits.During the examination, the enterprise to be established is evaluated in terms of the national economy, national security, national transportation policy, and planned development principles. For this purpose, when necessary, the Ministry of Transport takes the opinion of the relevant ministries and the Undersecretariat of State Planning.
Issuance of license
Article 22 - Real persons and legal entities who have obtained the written consent in Article 18 can submit their projects attached to the permit application.
they apply to the Ministry of Transportation to obtain an operating license, declaring that they have done so.
The Ministry of Transport determines the realization of the projects by conducting the necessary examinations and inspections.
If it does, it issues an operating license. The operating license cannot be transferred.
Especially in the license; the commercial title of the license holder, the type of transportation, the region or lines to be operated,
The limitations and restrictions specified in the permit document are written.
Hanging the license
Article 23 - The license holder can easily send the samples of the license to the customers and business circles in its operation.
It is obliged to hang it in places where they can see and read.
Obligation to comply with the license
Article 24 - License holder is obliged to carry out the operating activities in accordance with the conditions of the license. The obligation to carry and travel is determined according to the permit conditions.
Tariffs
Article 25 - (Change: 19/4/2001 - 4647/1 art.)
License owner; the date of application together with the tariffs in accordance with commercial, financial and economic conditions.
and announces it to third parties three days before the enforcement.
Flight schedules are determined by the license holder and are approved by the Ministry of Transport for seven days.
then takes effect.
Mail transport
Article 26 - Enterprises that have license to perform scheduled air transportation services;
When requested, they are obliged to transport mail for a fee on every flight made within the schedule. The fees to be paid are within the framework of the rules determined by the Postal Law No. 5584 and the World Postal Union contracts.
determines.
Check
Article 27 - All public institutions and organizations operating with Turkish civil aircraft and real
and private law legal entities are subject to the technical audit to be carried out or to be made by the General Directorate of Civil Aviation in order to ensure air navigation security. (one)
The principles of the inspection to be carried out, the selection of inspection staff and their powers and responsibilities are determined by a regulation to be prepared by the General Directorate of Civil Aviation. (1) (2)
(Additional paragraph: 10/11/2005 - 5431/31 art.) All enterprises operating in the field of civil aviation and the personnel who should have the qualification certificate, to follow the regulations put into effect by the General Directorate of Civil Aviation, to comply with the instructions given by the General Directorate, by the authorities
To provide all kinds of information and documents requested and to ensure that they can always access the requested equipment
is obliged.
(Additional paragraph: 10/11/2005 - 5431/31 art.) Technical auditors appointed by the General Directorate,
in inspections;
a) The aircraft is not suitable for flight,
b) The crew does not possess the qualifications required for that aircraft type, or the physical or physical nature of the flight
also does not have mental capacity,
c) The operation poses a danger to the safety of life and property,
d) If the detected deficiencies or findings directly concern the safety of life and property and flight safety,
Flight operation and / or of the operator or personnel requiring a qualification certificate,
is authorized to suspend the operation of the operator.
Providing information and documents
Article 28 - License holders are required to provide all technical and economic information required for inspection.
they are obliged.
Notification and confirmation of changes
Article 29 - The general conditions and tariffs concerning the carriage will be made after the permission is given.
the changes must be approved by the person concerned with the Ministry of Transport.