Introduction
Türkiye is a vital hub for international air transport, bridging Europe, Asia, and the Middle East. With millions of passengers and tons of cargo passing through Turkish airports annually, aviation plays a strategic role in the country’s economy. To ensure safe, efficient, and competitive air operations, Turkish Aviation Law provides a comprehensive framework that regulates airlines, airports, air traffic, and passenger rights.
This article explores the legal framework of Turkish Aviation Law, its regulatory authorities, liability rules, and compliance obligations for stakeholders in the aviation industry.
Legal Framework of Turkish Aviation Law
1. Turkish Civil Aviation Law (Law No. 2920, 1983)
- The main statute governing civil aviation in Türkiye.
- Covers airspace sovereignty, flight operations, safety regulations, liability issues, and state supervision.
- Establishes licensing requirements for airlines and air operators.
2. Turkish Commercial Code (TCC)
- Governs aircraft as movable property, contracts of carriage, and insurance.
- Provides liability principles for airlines in cases of delay, baggage loss, or cargo damage.
3. International Treaties and Conventions
Türkiye is a signatory to multiple international aviation agreements, which form part of Turkish Aviation Law:
- Chicago Convention (1944): Establishes ICAO and global airspace principles.
- Warsaw Convention (1929) & Montreal Convention (1999): Standardize airline liability for passengers, baggage, and cargo.
- Eurocontrol Agreements: Regulate air traffic management and charges.
4. EU Harmonization
Although not an EU member, Türkiye has harmonized many civil aviation standards with the European Aviation Safety Agency (EASA) and EU directives.
Regulatory Authorities
- Directorate General of Civil Aviation (SHGM)
- Supervises licensing of airlines, airports, pilots, and maintenance organizations.
- Issues safety certifications and monitors compliance with ICAO and EASA standards.
- Investigates accidents and incidents.
- State Airports Authority (DHMİ)
- Manages and operates major airports.
- Ensures air traffic control and airport security.
- Competition Authority & Consumer Protection Bodies
- Regulate pricing, fair competition, and passenger rights.
Key Principles in Turkish Aviation Law
1. Sovereignty over Airspace
- Article 1 of Law No. 2920 states that Türkiye has full sovereignty over its national airspace.
- Unauthorized entry of foreign aircraft requires permission.
2. Licensing and Certification
- Airlines must obtain Air Operator Certificates (AOC).
- Pilots, aircrew, and maintenance staff require professional licenses.
- Airports and ground-handling companies must meet SHGM safety requirements.
3. Passenger Rights
- Airlines are liable for passenger safety, delay, and baggage issues under the Montreal Convention.
- Turkish law grants compensation for overbooking, cancellations, and long delays.
4. Liability Rules
- Airline Liability: Strict liability for passenger injury/death in international flights (Montreal Convention).
- Cargo Liability: Limited by weight-based compensation unless willful misconduct is proven.
- Insurance: Mandatory liability insurance for airlines and operators.
5. Safety and Security Standards
- ICAO and EASA-aligned safety regulations apply.
- Airlines must conduct continuous risk assessments.
- Airports must implement strict security protocols, including passenger screening and baggage control.
6. Unmanned Aerial Vehicles (UAVs / Drones)
- Drones are regulated under SHGM communiqués.
- Require registration and operator licensing for commercial use.
- Restricted in urban areas, near airports, and military zones.
Enforcement Practices
- Administrative Sanctions: SHGM can suspend or revoke licenses for safety breaches.
- Civil Liability: Passengers may claim compensation for damages in civil courts.
- Criminal Liability: Unauthorized flights, air traffic interference, or hijacking fall under the Turkish Penal Code.
- Recent Trends:
- Increasing litigation over flight delays and overbooking.
- Strict enforcement of drone regulations.
- Greater scrutiny on maintenance and safety audits.
Compliance Guidelines for Airlines and Operators
- Maintain ICAO/EASA-aligned safety management systems.
- Ensure KVKK compliance when processing passenger data (e.g., ticketing, loyalty programs).
- Provide clear information to passengers about cancellation and refund rights.
- Train staff on liability and consumer rights obligations.
- Implement drone policies for commercial UAV operations.
Conclusion
Turkish Aviation Law ensures the safety, efficiency, and reliability of Türkiye’s aviation sector, while aligning with international conventions and EU standards. For airlines, airports, and related businesses, compliance is not only a legal obligation but also a critical factor for reputation and competitiveness.
As Türkiye continues to develop as a global aviation hub, Turkish Aviation Law will remain at the center of regulating flight operations, passenger rights, and emerging technologies such as drones.
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