What Is Aviation Law

A specialized field of law that regulates multiple aspects of aviation and aircraft operation is known as aviation law, which is also referred to as aviation or aeronautical law. It covers a broad variety of legal matters and rules related to civil aviation, including the obligations and rights of both people and organizations working in the sector. Here are some main topics that aviation law considers:

-Aircraft Certification and Maintenance

-Licensing and Pilot Certification

-Air Traffic Regulation

-Safety Regulations

-Environmental Regulations

-Aircraft Ownership and Registration

-Liability and Insurance

-Airport Operations

-Consumer Protection

-Unmanned Aircraft Systems (Drones)

Turkish law, international agreements, and treaties that Turkey is a party, and rules made by Turkish authorities essentially affect aviation law in Turkey. The principles of civil law serve as the foundation for the Turkish legal system, featuring aviation law as an essential element.

What Are the Regulations for Aviation Law in Turkey

The General Directorate of Civil Aviation Duties Code No. 5431 and the Turkish Civil Aviation Code No. 2920 (the “Aviation Code”) govern the aviation industry.

The following agreements regarding international aviation transportation have Turkey as a participant:

-1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and the Montreal Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation.

-1999 Montreal Convention for the Unification of Certain Rules relating to International Carriage by Air.

-2001 Cape Town Convention and Protocol on International Interests in Mobile Equipment.

-1944 International Air Transport Agreement.

-1963 Tokyo Convention on Offences and Certain Other Acts Committed On-board Aircraft.

-1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft.

-1929 Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air and the Hague Protocol to Amend the Warsaw Convention.

-1944 Chicago Convention on International Civil Aviation.

-1944 International Air Services Transit Agreement.

The primary government agency in charge of regulating the aviation sector is the Directorate General of Civil Aviation (also known as the “DGCA”). According to the relevant law, the DGCA has the authority to control, investigate, prosecute, and audit civil aviation activities in addition to issuing certificates of flying and operating licenses.

The Regulation on Safety at Civil Airports, Ports, and Border Gates, the Regulation on Continuing Aviation and Repair Liability (SHY-M), and the DCGA Directive SHT-50, which governs maximum flight hours, are all administered by the DGCA.

Turkey is subjected to the International Civil Aviation Organization (“ICAO”) regulations as a signatory to the 1944 Chicago Convention. A specific protocol has been used by Turkey to implement the European Aviation Safety Agency’s safety standards.

In Turkey, airports charge fees for landing slots, parking spots, navigation, and bunkering. For airports that are owned by the authorities, a tariff set forth by the Directorate General of State Airports and Enterprises governs these fees. With the Ministry of Transport and Infrastructure’s permission, private airport operators set their individual prices for similar operations.

The Aviation Code is used if an air accident takes place inside Turkish territory. According to Article 10 of the Code, the accountable pilot or, if this is not possible, a member of the cabin crew, the airline, or the local authorities shall immediately notify any civil airplane accidents to the Ministry of Transport. According to Article 13 of the Code, the Ministry of Transport is required to appoint an investigation board, made up of individuals renowned for their knowledge in the field of aerospace, to investigate the accident’s causes. The ICAO and the necessary parties must get copies of the accident inquiry report, according to the Ministry.

Trading, financing, and leasing of aircraft

The Ministry of Transport manages the Aircraft Registry as per Article 50 of the Aviation Code. According to Article 52 of the Code, registering ownership serves as ownership proof. Any ownership change must be recorded in the Aircraft Registry for it to be enforceable against third parties.

Lessors and financiers can submit their rights to the Aircraft Registry in addition to that. Lessors and financiers are required to register lease agreements in the Aircraft Registry for them to be enforceable against other parties, in accordance with Articles 74 and 119 of the Aviation Code. Should the leasing agreement be registered, the owner’s liability to third parties will be subject to proof of carelessness.

Two different types of lease agreements with distinct regulations are mentioned in Article 119 of the Aviation Code. The lessor must vouch for the aircraft crew’s competence and permission in the event of a charter by demise.

tax implications in Turkey for aircraft trading:

Motor vehicle tax applies to all helicopters and airplanes that have registration with the General Directorate of Civil Aviation of the Ministry of Transportation.

On imports into Turkey, a one-time fee known as the Special Consumption charge is applied during the registration procedure. The application of the tax now of importation is not prevented by the fact that these vehicles have been licensed or utilized in the country of origin.

taxation benefits which enhance aircraft trading and leasing

VAT is not applied to the import of aircraft that will be used primarily for transportation or lease by businesses whose primary business activity is civil aviation.

With multiple countries, Turkey has signed bilateral double taxation agreements. According to the provisions of such accords, each unique case must be considered.

aircraft mortgages and charges

According to Article 69 of the Aviation Code, mortgages are not binding on third parties unless they are recorded in the Aircraft Registry. Written and notarized mortgage agreements are required. A mortgage contract may also include contingent rights.

Mortgages may also register in foreign currencies with the DGCA’s authorization; such authorization additionally must be recorded in the Registry.

The mortgage is entitled to collect insurance indemnity if the aircraft is lost or damaged, as stated in Article 77 of the Aviation Code.

Public Aviation Law and Private Aviation Law Distinction:

1. Public Aviation Law:

Only nations, global organizations, and just a fraction of the existence of individuals with international legal status are considered as existent in international law. Additionally, a state is described as an individual of international law who has an ever-present population over a specific region of the nation, an organized political power, and independence to engage in contacts with other states, according to the description established in international law. The portion of air law that makes up the feature of international law is the duty of states with international legal identity in aviation services, rules, and processes adopted by bilateral or multilateral agreements.

As a result, the laws governing the air are known as public aviation law and are connected to state law. Once more, the definition of public air law is developed for the area that involves concerns about global public order and is subject to international activities like air travel and air country. It is acknowledged that the air public law is made up of all the provisions of the air law, excluding the section that governs interpersonal relationships. Governments and international public law, which consists of important international aviation agreements between two or more international parties, other international agreements, and agreements on public air law, establish the content of public aviation law.

In this sense, it is seen that many issues such as landing rights, overflight permissions, security and registration, communication, crimes against aircraft, entry of airline companies into other countries’ markets fall within the scope of public air law.

2. Private Aviation Law:

The laws required by international law related to aviation have taken effect through the creation of bilateral or multilateral agreements and contracts in the international arena, which is parallel to the sector of aviation’s rapid expansion. However, it was evident that the contradictions between legislation and private international law needed to be settled. Due to the international nature of aviation, issues like the rights of passengers traveling between nations and the fact that the legal regulations governing transportation vary or are interpreted differently in the countries where the transportation is made, in addition, the courts of the relevant countries consider themselves authorized and various legal consequences apply to the same event, are problems. Due to all these factors, it is evident that nations who are parties to international conventions have developed a variety of laws in addition to national domestic law regulations to address legal issues, court rulings, and domestic legal regulations pertaining to private aviation law.

As can be seen, private aviation law comprises a section that governs the legal interactions that will take place between private individuals in connection to aviation law. In this view, private aviation law encompasses all interactions between those involved in aviation-related enterprises.

As a result, while public aviation law looks at issues pertaining to the global order, such as the countries and the international air transport regime, private air law is left to investigate issues like aircraft ownership, air transport contracts, and insurance of airplanes.

In addition to these distinctions, it is generally accepted that the area of air private law encompasses the components of an air transport contract as well as the conceptual definition, categorization, and nature, as well as the authorization, termination, and loan of an aircraft.