LAW
ON
CIVIL
AVIATION OF
THE KINGDOM OF CAMBODIA
The
English Translation is Unofficial
January
19, 2008
NS/RK/0108/003
ROYAL KRAM
We
Preah
Karuna Preah Bat Samdech Preah Bormneath
Norodom Sihamoni
Samanaphumcheatsasna Rakatkatteya
Khemraradreas Puthendreatharamohaksat
Khemreachea Samohopheas Kampuch Ekreachrad
Boranasante Supheakmangkalea Sereyvibulea Khemara-
sreypireas Preahchao Krong Kampuchea Thebadey
-
Having seen the Constitution of the Kingdom of Cambodia;
- Having seen the Royal Decree No. NS/RD/0704/124, dated July 15, 2004,
on the appointment of the Royal Government of the Kingdom of Cambodia;
- Having seen the Royal Kram No. 02/NS/94, dated July 20, 1994, promulgating
the Law on the Organization and Functioning of the Council of Ministers;
- Having seen the Royal Kram No. NS/RK/0196/23, dated January 24, 1996,
promulgating the Law on the formation of the State Secretariat of Civil
Aviation; and
- Having seen the requests from Samdech Akka Moha Sena Padei Techo Hun
Sen, the Prime Minister of the Kingdom of Cambodia, and the Secretary
of State of the State Secretariat of Civil Aviation,
Hereby
promulgate
The
Law on Civil Aviation of the Kingdom of Cambodia adopted by the National
Assembly on the 5th of December 2007 in its 7th Plenary Session of the
3rd Legislature and it was unanimously agreed by the Senate on its entire
formalities and substantive provision of the law without modification
on the 27th of December 2007 in its 4th Plenary Session of the 2nd Legislature
and decided as followed:
LAW
ON
CIVIL
AVIATION OF
THE KINGDOM OF CAMBODIA
CHAPTER I
General Provisions
Article
1:-
This law is applied
to the flight of all civil aircrafts lest in particular herein stated
the article 50.
This law, under
a particular provision, is not applied to the operations of the state
aircrafts unless such state aircraft operations are transitionally conducted
in manner are civil aviation operation with respect to the examination
of SSCA as stated in this law.
Article 2:-
This law is enacted:
- To maintain the
safety and order of civil aviation operations within the Kingdom of
Cambodia;
- To administer air traffic service within the demarcated airspace of
the Kingdom of Cambodia to ensure the general safety of all aircrafts;
- To govern and develop the civil airports in the Kingdom of Cambodia;
- To regulate the operations of the air transport industries; and
- To promote the development of safe, reliable, and economical civil
air transport.
Article 3:-
The air traffic
control of all civil aircrafts in the airspace of Kingdom of Cambodia
is the competence of the State Secretariat of ivil Aviation.
No any civil aircraft
shall be authorized to operate within or over the territory of the Kingdom
of Cambodia unless such operation is undertaken in accordance with all
the provisions set forth herein and in accordance with all relevant
international conventions and protocols to which Cambodia is a signatory.
Article 4:
In co-operation
with other relevant ministries, institutions, State Secretariat of Civil
Aviation may issue, when deemed necessary, other norms to effectively
conduct and examine gist of this law.
CHAPTER II
Aircraft
Article 5:-
Prior to permitting
their operation in the airspace of the Kingdom of Cambodia, all aircrafts
shall:
1- Have proper and
valid registration;
2- Carry national mark and registration mark if the civil aircraft belongs
to a company behalf of one national; and
3- Carry the company's trademark and registration mark behalf of a private
company.
Article 6:-
Any aircraft registered
in the Kingdom of Cambodia shall have Cambodian nationality, and in
the valid period of the registration such aircraft shall not be for
registration in another State.
Any aircraft registered
in one State shall not be eligible for registration in the Kingdom of
Cambodia where such registration is still valid.
The fees for registration
and other services shall be determined in sub-decree.
Article 7:-
The aircraft registration
in the Kingdom of Cambodia must abide by the procedures by State Secretariat
of Civil Aviation determined.
The State Secretariat
of Civil Aviation may issue, suspend, terminate or transfer aircraft
registration in the Kingdom of Cambodia.
The State Secretariat
of Civil Aviation shall maintain all the records associated with the
registration of all the aircrafts in Kingdom of Cambodia.
The certificate
of registration shall become invalid upon the occurrence of anyone of
the following events:
1- Expiration of
validity of such certificate;
2- Missing or irreparable damage of the aircraft;
3- Dismantlement or abandonment of the aircraft;
4- Aircraft de-registration from the Kingdom of Cambodia.
Article 8:-
A valid certificate
of airworthiness for aircraft navigation of the airspace of the Kingdom
of Cambodia issued by the State, where such aircraft was properly registered,
shall also be deemed valid by the Kingdom of Cambodia.
A certificate of
airworthiness issued or whose validity is extended by another State
shall be recognized as valid by the Kingdom of Cambodia on condition
that the requirements under which such certificate was issued or rendered
valid by another State equate to the minimum standard of airworthiness
established in the Chicago Convention.
State Secretariat of Civil Aviation may issue, suspend, or revoke the
certificate of airworthiness for any aircrafts registered in the Kingdom
of Cambodia, and shall set the basic standards, and standards obliged
to apply by State Secretariat of Civil Aviation.
The owners of an
aircraft awarded a certificate of registration are required to apply
to the State Secretariat of Civil Aviation for inspection of the aircraft.
The certificate of airworthiness could only be awarded if such aircraft
passed inspection shall be deemed proper with respect to the standards
determined.
The certificate
of airworthiness shall become invalid upon the occurrence of any of
the following events:
1- Expiration of
the term of validity of the certificate of aircraft;
2- Invalidity of the certificate of registration; and
3- The aircraft being no longer airworthy due to insufficiency to meet
the conditions required for safety of flight.
The establishment
of a hangar for manufacture or hangar for repair of aircraft engines
and propeller including spare parts and other main parts of aircrafts
must be applied to the State Secretariat of Civil Aviation to get awarded
a certificate. Such hangar for manufacture or hangars of repair may
start their operations only after being so certified.
Article 9:-
All aircrafts operating
within the airspace of the Kingdom of Cambodia shall be equipped with
all kinds of radio transmitting apparatus licensed and installed in
accordance with the laws of the State of registry of the aircraft, and
operated in accordance with rules prescribed by SSCA of the Kingdom
of Cambodia.
State Secretariat
of Civil Aviation shall be empowered to decide on the standards of installation
and maintenance of radio transmitting apparatus on aircrafts registered
in the Kingdom of Cambodia.
Article 10:-
All aircrafts operating
in the airspace of the Kingdom of Cambodia shall maintain a journey
logbook in which shall be entered the particulars of the aircraft, its
crew, and of each flight, in such form as require by the law of the
State of registry of the aircraft.
The State Secretariat
of Civil Aviation has determined the use the form and the same detailed
contents of the logbook with respect to an aircraft registered with
Cambodian nationality.
Article 11:-
Each registered
aircraft with Cambodian nationality shall carry aboard the following
documents:
1- The certificate
of registration;
2- The certificate of airworthiness;
3- The licenses of each member of the flight crew;
4- The journey logbook;
5- The aircraft radio installation license;
6- The flight operation manual;
7- The passenger and cargo manifest;
8- The valid insurance certificate; and
9- The other documents determined by the State Secretariat of Civil
Aviation;
The papers carried
aboard an aircraft registered in another State shall be consistent with
the requirements of such other State. The Kingdom of Cambodia has the
rights to necessarily examine all documents through competent authorities.
The above documents
are not required for balloon Glider and Ultra Light Aircraft.
CHAPTER III
Personnel
Article 12:-
The State Secretariat
of Civil Aviation shall determine:
-
The organization structure, formation, and necessity examination of
flight crew on duty aboard aircraft registered in the Kingdom of Cambodia.
- Standards for flight crew members, including maximum duty hours and
required break periods.
No
any flight shall be permitted to conduct operations if the standards
involved in the type of flight shall not be strictly applied by flight
crew or any flight crew without capacity consistent with the standards
related to other duty conditions.
The staff of civil aviation, air traffic controllers, flight crew, mechanics,
or ground handling specialists shall not be allowed to perform their
assigned duties unless they have valid licenses.
Article 13:-
Members
of flight crew operating in the airspace of Kingdom of Cambodia are
required to hold valid licenses or certificates issued or awarded by
the state of registered aircrafts and recognized as valid by the Kingdom
of Cambodia.
The
license or certificate of competency issued or rendered valid by another
State shall be recognized as valid by the Kingdom of Cambodia under
the condition that the requirements which such license or certificate
was issued or rendered valid by such other State are equal or excessive
to those minimum standards, which may be regulated or added consecutively
under Chicago convention.
The
State Secretariat of Civil Aviation could determine standards and procedures
for issuing licenses or certificates of competency in Kingdom of Cambodia
and shall be temporarily entitled to suspend or revoke such licenses
or certificates. It may issue certificate of competency regarding licenses
issued by other States. The State Secretariat of Civil Aviation may
include conditions or limitation on licenses or certificates deemed
necessary to safety.
The
State Secretariat of Civil Aviation may determine standards to further
issue licenses or certificates of competency to flight crew members
and other civil aviation personnel.
Any
person with a license or certificate, engaging in the operation of an
aircraft or performing any duty related to aircrafts shall not act beyond
the limitation of the license or certificate, except in the necessary
case.
Any flight crew operating an aircraft shall have a valid medical certificate
or meet the complete condition of licensing requirements.
All flight crew shall be obliged to present license for the inspection
upon the requirement of the competent agents of the State Secretariat
of Civil Aviation of the Kingdom of Cambodia or relevant civil aviation
authority of other State.
Article 14:-
For each flight route, each aircraft operator shall designate a sufficiently
qualified member of the operating crew as the aircraft captain, another
flight crew as assistant, and as a captain when necessary.
The
aircraft captain shall be totally responsible for the safe operation
of the aircraft in flight and safeguarding the aircraft, persons, and
property aboard the aircraft. (S)he shall always take care of the air
regulations, follow up appropriate directions from air traffic controllers,
and include other requirements imposed by this law or by other regulations.
The
captain shall solely decide aboard the aircraft and shall be vested
with the necessary rights, especially the rights enumerated in Chapter
III of the Tokyo Convention, to take steps and actions in consequence,
deeming reasonably necessary to implement his duties and responsibilities.
While
on duty and acting in his official capacity in flight, the captain of
an aircraft operated by an air transport enterprise shall not be personally
liable and shall be exempted from any liability for damages stemming
from any action or oversight of the captain, or of any personnel applying
his/her own instruction, if considered reasonably necessary and prudent
to safeguard the aircraft, persons, and the property aboard the aircraft.
The
State Secretariat of Civil Aviation may provide additional duties, and
responsibilities for the aircraft captain if deemed necessary for the
interest of safety by regulating order.
Article 15:-
The personnel of
civil aviation shall report on:
1- Violation of
laws and regulations;
2- Incidents or any acts having adverse effects or impacts on the safety
of civil aviation; and
3- Any aircraft having accident shall be reported in a timely manner
and in such forms required by the State Secretariat of Civil Aviation.
Any
report submitted in accordance with the above paragraph of this article
shall make an investigation and urgently determine an event, if deemed
necessary to take the additional action.
CHAPTER IV
Aircraft Operations
Article 16:-
The State Secretariat of Civil Aviation shall issue and announce the
rules of the airspace, governing the aircraft in flight and air traffic
control practices within the territory of Kingdom of Cambodia. Such
rules shall be in conformity with those provisions under the Chicago
Convention.
Each aircraft being operated within the airspace of Kingdom of Cambodia
shall be operated in conformity with the rules of the airspace promulgated
by the State Secretariat of Civil Aviation.
Each
aircraft registered in Kingdom of Cambodia and operated in the airspace
of another State shall abide by the effective regulations of the airspace
in such other State or if such aircraft is operated over the international
sea borders, the rules shall be applied consistent with the Chicago
Convention.
Article 17:-
The State Secretariat of Civil Aviation shall be responsible for the
establishment and maintenance of a common air traffic control system
governed by the Kingdom of Cambodia to ensure the safety of aircraft
navigated in its airspace.
The State Secretariat of Civil Aviation shall determine the capacity
of personnel and standards of air navigation facilities to be used in
the air traffic control services in conformity with the recommendations
for application set up under the Chicago Convention.
To
ensure the safety and effectiveness of the air transport, air transport
enterprises shall pay the service fees to authority of civil aviation.
All air navigation facilities and services are as follow:
1- Navigating the
flight within and flight over, and
2- Landing
Article 18:-
The State Secretariat of Civil Aviation may establish air routes and
determine the prohibited, restricted, or dangerous areas. By such air
routes, the civil aircraft shall be conducted by the operation time,
within the airspace and for essential requirements of military base,
or public safety of the Kingdom of Cambodia.
The
duty of every aircraft captain flying over or maneuvering within the
airspace of the Kingdom of Cambodia shall abide by the air routes as
established by the State Secretariat of Civil Aviation and shall avoid
those areas designated as prohibited, restricted, and dangerous areas.
Any
aircraft deviating from the established air routes or entering a prohibited,
restricted, or dangerous area shall be considered as an illegal operation.
The captain of the aircraft involved in such an illegal operation shall
immediately take corrective measures or shall essentially comply with
any special instruction of the competent authorities, including any
forcing to land at a designated location.
Article 19:-
Unless essentially authorized by the State Secretariat of Civil Aviation,
the essence implementation of the condition limitation shall be prohibited:
1- To carry aboard
an aircraft, explosives, weapons, ammunition, poisons, flammable substances,
radioactive, or magnetic tools, acid-oxide substances, strongly-smelled
substances, metal corrosives, and other goods considered dangerous;
2- To take photographs, motion pictures, videos or use other video graphic
devices over or within an aircraft;
3- To use radio transmitting or receiving apparatus from an aircraft;
4- To fire gun or fireworks or launch a rocket in the air from aircraft;
5- To launch an unmanned aircraft or a flying object that may jeopardize
the safety of the aircraft; and
6- To use any machine, equipment or device which interferes with civil
aviation radio communications.
The State Secretariat of Civil Aviation may make exemption or determine
additional restricted-actions deemed necessary for the public safety
and interests.
Article 20:-
The
search and rescue unit for aircraft and ship of National Committee for
Disaster Management works as a major agency for coordinating and leading
search and rescue while having incident or accident of aircraft within
the territory of the Kingdom of Cambodia.
The State Secretariat of Civil Aviation shall form a permanent search
and rescue unit to conduct its necessary operation for a missing accident
aircraft within the territory of the Kingdom of Cambodia. In carrying
out its duties, the State Secretariat of Civil Aviation shall collaborate
with the National Committee for Disaster Management, airport authorities,
armed forces, local authority, and other concerned institutions.
In
the case of any aircraft registered in another State missing alert or
getting accident within the Kingdom of Cambodia, the State Secretariat
of Civil Aviation may permit such aircraft owner or authorities of such
states to take measures or necessarily assist during that circumstance.
Any assistance or support shall be always under the control of the competent
authorities of the Kingdom of Cambodia.
The State Secretariat of Civil Aviation also considers the requests
made by other State or international organizations to offer assistance
towards the search and rescue of the aircraft missing or in distress
in the territory of neighboring countries or in the seas adjacent to
its territory.
Article 21:-
In the case of any aircraft incident or accident occurring in the Kingdom
of Cambodia, the State Secretariat of Civil Aviation shall assign technical
committee to conduct an investigation, lead an urgent exploration, and
take any other measures considered if deemed necessary.
In
the event, the incident or accident involved with an aircraft registered
in another State, and the incident or accident caused the loss of life
or serious injury or indicated serious technical malfunction in the
aircraft or with the air navigation equipments, official investigators
designated by the other State shall be permitted to join such investigation.
The State Secretariat
of Civil Aviation shall conduct relations with such other states on
final reports or various findings.
Article 22:-
At each airport,
except for military services, the service users shall pay fees to the
units providing such services for:
1- Landing;
2- Air navigation;
3- Parking;
4- Services for passengers and goods; and
5- Ground handling services
CHAPTER V
Air Transport
Article 23:-
No any permission
for air transport enterprise to conduct exploitation in air transportation
within the Kingdom of Cambodia if it does not obtain a valid Air Operator
Certificate.
The issuance of
such Air Operator Certificate (AOC) shall be determined by proclaim
of the State Secretariat of Civil Aviation.
Prior
to the issuance of Air Operator Certificate for aircraft operator, the
State Secretariat of Civil Aviation shall ascertain that such aircraft
operators are competent, possible, and entirely responsible for the
operation. After issuing the Air Operator Certificate, the State Secretariat
of Civil Aviation shall control and pursue such aircraft operator to
comply with the regulation to ensure safety and economical operation
and to promote aircraft operators to abide by the organization structure
and regulation of airlines.
Article 24:-
All air transport enterprises wishing to conduct their air transportation
business shall be required to apply for Air Operator Certificate in
such sample formats and forms as determined by the proclaim of the State
Secretariat of Civil Aviation.
Article 25:-
With respect to domestic air transportation, the State Secretariat of
Civil Aviation shall examine and judge capacity and quality of the Air
Operator Certificate applicant and the AOC issuance must be consistent
with the public interests.
With respect to
international air transportation:
1-
In the case of the international air carrier, in addition to the criteria
stipulated in the above paragraph, the State Secretariat of Civil Aviation
shall consider existing international conventions of which the Kingdom
of Cambodia is a signatory party with mutual understanding and reciprocity;
2-
With respect to a foreign air carrier, the State Secretariat of Civil
Aviation shall issue the certificate if such issuance is consistent
with the international conventions or agreements of which the Kingdom
of Cambodia is a signatory party with mutual understanding and reciprocity;
and
3-
The air transport enterprises as stipulated in the first and second
paragraphs shall accept as thepriority civil aviation personnel with
Khmer nationalities to employ their enterprises.
Article 26:-
In issuing the public
transport certificate, the State Secretariat of Civil Aviation shall
attach essence, conditions, and limitations deemed necessary for the
public interests.
Article 27:-
The
State Secretariat of Civil Aviation may have the rights to amend, suspend,
or revoke the awarded certificate after informing the air transport
enterprise. Such information shall state clear reasons.
Article 28:-
The air transport enterprise conducting air transportation business
shall abide by the transportation tariff under a detailed rate that
the State Secretariat of Civil Aviation deems appropriate except such
air transportation tariff is calculated with the international standards
available.
Article 29:-
Unless there is a special case, the air transportation tariff shall
be rated by the air transport enterprise with formal approval from the
State Secretariat of Civil Aviation before being taken to apply.
The
State Secretariat of Civil Aviation may suspend a current transport
tariff if such tariff deemed unfair which is naturally caused opposite
to the public interest.
Article 30:-.
The mutual liability by the air transport enterprise and the passenger
or goods shipper shall constitute a carriage contract as evidenced by
the documents.
The contract documents for such transportation promulgated in the Kingdom
of Cambodia must be consistent with current international treaties or
conventions.
CHAPTER
VI
Aerodromes
Article 31:-
The State Secretariat
of Civil Aviation shall designate the Royal Government areas within
the Kingdom of Cambodia which may be used as civil airport or as a temporary
place for taking-off or landing of civil aircraft.
The State Secretariat of Civil Aviation shall differently classify airports
and shall determine some specified airports which may be used as international
airports by both domestic and foreign air carriers.
Article 32:-
All civil aircrafts must be operated to or from a designated airport
or temporary place for landing and taking-off except such civil aircraft
operation is stipulated in a particular provision.
Article 33:-
Construction or expansion of civil aerodromes can be carried out, provided
that there is a license for such construction or expansion issued by
the State Secretariat of Civil Aviation after the approval from the
government. The aerodrome may be carried out its operation provided
that its performance is in accordance with the terms and conditions
of the license.
Article 34:-
The issuance of the license, the State Secretariat of Civil Aviation
shall depend on to safety and security at the airport, and shall issue
the regulations to implement the requirements stated in the license.
The
State Secretariat of Civil Aviation has the right to correct, suspend
or revoke any aerodrome license if found out that such aerodrome lacks
technical means to ensure safety.
Article 35:-
The
management, development, and operation over civil aerodromes are the
rights of the State Secretariat of Civil Aviation or any institution
appointed by the Royal Government of Cambodia. Natural person or legal
entity could manage, develop and operate civil airport unless there
is permission from the Royal Government and implement provisions of
this law and the technical standards as prescribed by the State Secretariat
of Civil Aviation.
CHAPTER VII
Liability and Insurance
Article 36:-
Governing rights and liabilities of air carriers on passengers, consignors,
consignees, and other persons involved in any air transportation shall
be consistent with the terms and conditions of Warsaw Convention adopted
October 12, 1929.
Damages to be compensated
by the air carriers are based on the Warsaw Convention.
Article 37:-
Any
air transport enterprise performing domestic transportation shall be
liable for damages by incidents causing injury or death to passengers,
or event causing injury or death happening during on board, embarking,
and disembarking to the passengers.
The
air transport enterprise shall not be liable if such damages caused
by the carelessness of the injured passenger. In case the scope of damages
affects others, the air transport enterprise shall share liability for
the damage.
Article 38:-
Any air transport enterprise performing domestic transportation shall
be liable for damages causing loss or damage to any checked baggage
or goods if the occurrence caused such loss or damages lies in the flight.
Duration
of the domestic transportation is the period which the baggage or goods
are the responsibility of the air transport enterprise whether in an
airport or on board an aircraft, or in the case of landing outside an
airport.
The
air transport enterprise shall not be liable for damages causing damage
of baggage or goods if such damages result from one of the following
cases:
1- The nature of
baggage or goods or inherent negligence and defect;
2- Improper packaging;
3- The negligence of the passenger, consignor, consignee or any agent
representing any of them;
4- The actions of competent authorities of the Royal Government; and
5- War or arm conflict.
Article 39:-
Any air transport enterprise performing domestic transportation shall
be liable for damages caused by unreasonable delay in the transportation
of passengers, baggage and goods.
The
air transport enterprise, however, shall has no liabilities in case
of finding out that such unreasonable delays are not the fault of the
enterprise and its agents.
Article 40:-
Any
aircraft operator, while an aircraft is in flight, shall be liable for
damages stemming from the aircraft or the operation or any person or
object aboard the aircraft pertaining to the aircraft which caused injury
or death or damage to property of a third party.
The aircraft operator
shall not be liable if such damages derived from the negligence of the
third party.
In
case, the aircraft causing such damage is a leased aircraft without
crew, the leaser of the aircraft shall share liabilities with the aircraft
operator.
Article 41:-
Any
liability imposed on an air transport enterprise or other aircraft operator
pursuant to the Article 36, 37, 38 may be reduced or acquitted if the
liable party reveals the damages resulting from the negligence of the
injured party.
Article 42:-
The
State Secretariat of Civil Aviation shall be entitled to decide additional
conditions and orders which are not stated in this Chapter if deemed
necessary for the public interests with approval from the Royal Government.
Article 43:-
Agreements made by an international air transport enterprise on liabilities
and insurance for passengers, consignors or consignees in order to reduce
or waive its liabilities shall be abrogated if the State Secretariat
of Civil Aviation find out that all agreement contents are contrary
to the Warsaw Convention, or other provisions of this law.
Article 44:-
Except stipulated in this law or the Warsaw Convention, an air transport
enterprise may have the rights to take legal action for compensation
from any individual caused the accident after finding out the cause
of accident. And such individual shall be forced to pay compensation
like amount as the air transport enterprise pays to the victims in accident.
Article 45:-
The aircraft operator and the air transport enterprise with an air operator
certificate stipulated in the Chapter VII of this law shall have insurance.
Such insurance with a minimum amount shall be determined by the State
Secretariat of Civil Aviation or as stated in agreements governing other
liabilities.
The
State Secretariat of Civil Aviation shall have the rights to arrest
aircrafts to grounding to revoke or suspend AOC or to put various sanctions
regarding the air transportation enterprises failing to ensure or without
any insurance with the determined minimum amounts.
CHAPTER
VIII
Security of Civil Aviation
Article 46:-
Except there is a particular reservation by the Royal Government of
Cambodia about security affairs, the conditions and contents of the
Security Conventions shall be applied. And the condition and the content
shall be well organized and strengthened by the State Secretariat of
Civil Aviation, the Ministry of Interior, and other concerned ministries
because it is a vital factor to ensure safety, civil aviation security,
and the public interest.
The
State Secretariat of Civil Aviation of the Kingdom of Cambodia may make
decision on the statute, order, and other standard instruments if deemed
necessary to apply with such convention through consultation with the
Ministry of Interior and other concerned ministries.
Article 47:-
Any person on board
in flight shall be considered as a criminal committed one of the following
acts:
- Hijacking;
- Threatening and intimidating, occupying, or seizing aircraft; or
- Attempting to commit the above acts;
Any accomplice and conspirator to commit the above acts shall be considered
as a criminal as well.
Article 48:-
Any person who intentionally commits one of the following acts or unlawfully
acts against civil aviation shall be considered as a criminal:
1-
Committing violence against any person on board in flight, causing affect
to the safety of the aircraft;
2-
Destroying an aircraft in service or making damage to the aircraft unable
to be operated, and affecting the safety of the aircraft in flight;
3-
Placing or hiding tools or substances aboard an aircraft in service
and causing damage to the aircraft or endangering safety of the aircraft
in flight;
4- Destroying or damaging air navigation facilities or interfering with
their operation processes, causing damage to the safety of the aircraft
in flight;
5-
Communicating misinformation, which may cause hazard to the safety of
an aircraft in flight;
6-
Using any device, substances or all kinds of explosives to commit any
violent act against any person who works for civil aviation at an airport,
and causing serious dangers or loss of life and hazard to the safety
at that airport;
7-
Using any device, substance or all types of explosives which may destroy
or seriously damage the facilities of an airport serving for civil aviation
or aircraft not in service there or disrupting the services of the airport
and causing serious hazard at the airport;
8-
Attempting to commit any of the acts prescribed above from 1-7; and
9-
Being in complicity with committer or attempting to commit any act as
stated above.
Article 49:-
Under the competent limits of the jurisdiction of Kingdom of Cambodia,
the offenses are Sated as follow:
1-
Any offense or other acts committed against or aboard any aircraft registered
in Cambodia wherever such aircraft is located;
2-
Any offense or other acts committed within the territory of Cambodia,
regardless of the nationality of the aircraft;
3-
Any offense or other acts committed aboard an aircraft which lands in
Cambodia including the alleged offender on board;
4-
Any offense or other acts committed aboard aircraft without crew to
a lessee who has his base of business or his permanent residence in
Cambodia; and
5-
Any offense or other acts stipulated in the Conventions on Security
in the territory of Cambodia where the alleged offender is present and
is not extradited pursuant to Article 8 of Hague Convention or the Montreal
Convention or extradited to any other State mentioned in Article 4,
paragraph 1 of the Hague Convention or Article 5, paragraph 1 of the
Montreal Convention.
The Kingdom of
Cambodia may apply additional jurisdiction in accordance with the Conventions
on security.
CHAPTER
IX
Exemption
Article 50:-
The
State Secretariat of Civil Aviation, in accordance with international
conventions or based on international reciprocity, may request for exemption
or some reductions regarding all conditions stipulated in this law for
the humanitarian purposes, urgent rescue, emergency or serving for the
public interest.
CHAPTER
X
Penalty
Article 51:-
The
civil aviation personnel, prescribed in Chapter III, who committed any
of the following offensive acts shall be punished by revoking or suspending
the license or refusing not to issue certificate of competency for a
period of one year in case:
A.
Found using or containing alcoholic substance of more than the maximum
quantity in blood as defined by the regulations of the State Secretariat
of Civil Aviation.
B. Found using drug
overdoses or prohibited drugs which may affect work performance.
C.
Denying being examined alcoholic substance when there is suspicion.
In case of committing offenses for the 2nd time shall ultimately revoke
the license or certificate.
Article 52:-
Anyone
caught stealing goods from the storehouse, facilities at the airport
or passengers’ luggage sent in or out shall be imprisoned from
one (1) year to three (3) years and fined from two million (2,000,000)
Riels to six million (6,000,000) Riels.
Article 53:-
Anyone
found committing any of the following offences shall be sentenced to
jail from one (1) year to five (5) years and given fine between one
million (1,000,000) Riels and ten million (10,000,000) Riels:
A.
Counterfeiting or attempting to counterfeit license or certificate of
competency or journey logbook or any report to be noted or kept;
B.
Holding invalid license or certificate of competency. In case, committing
violation for the second time shall result in double punishment.
Article 54:-
Any air transport enterprise owner shall be sentenced to jail from one
(1) to five (5) years and given fine ranging from five million (5,000,000)
Riels to ten million (10,000,000) Riels for:
A. Having no registration;
B. Having no trade mark;
C. Having no certificate of airworthiness;
D. Operating and permitting the operation without the Air Operator Certificate;
E. Counterfeiting registration marks or other documents related to the
aircraft; and
F. Holding no insurance certificate; in the case of seriousness, the
air operator certificate will be revoked or suspended.
Article 55:-
Anyone
abusing the rules by building and flying any other object that makes
obstacle or a hindrance to the safety area of the aerodrome shall be
fined from five million (5,000,000) Riels to ten million (10,000,000)
Riels.
Article 56:-
Anyone
abusing the rules of aerodrome as stated in the 2nd paragraph of Articles
31 and 32 shall be subject to the sentence from one (1) to five (5)
years in prison and fined, ranging from five million (5,000,000) Riels
to twenty million (20,000,000) Riels.
Article 57:-
Any aircraft captain
committing any of the following offenses must be punished to jail between
three (3) years and five (5) years and fined from ten million (10,000,000)
to twenty million (20,000,000) Riels:
A. Operating an
aircraft without license or certificate of competency;
B. Destroying any documents aboard the aircraft as stated in Article
11; and
C. Operating an aircraft without the certificate of registration or
airworthiness certificate
In the serious case
causing danger to death or damage to properties, such captain shall
be imprisoned from five (5) to ten (10) years.
Article 58:-
Any
individual constructing, managing or using an aerodrome within the territory
of Cambodia without permission or licenses awarded from the State Secretariat
of Civil Aviation shall be sentenced to jail from five (5) to ten (10)
years and be fined of from ten million (10,000,000) to twenty million
(20,000,000) Riels.
Article 59:-
Any
individual destruction to the airport, equipment and supplies at the
airport or abusing someone’s rights at the airport, whose acts
may result in death or disrupt the operation of the airport will be
imprisoned between ten (10) and twenty (20) years and fined from ten
million (10,000,000) to twenty million (20,000,000) Riels.
Article 60:-
Any
individual committed or who attempts to commit any offences stipulated
in Article 48 shall be sentenced to jail from ten (10) to twenty (20)
years and be given fine from ten million (10,000,000) to twenty million
(20,000,000) Riels.
Article 61:-
Any aircraft captain
who directed the flight into prohibited, restricted or dangerous area
in:
A.
Not causing danger to lives or properties, the captain will be sentenced
to jail from one (1) and five (5) years, and fined from ten million
(10,000,000) to twenty million (20,000,000) Riels.
B. Causing danger to lives or properties, the captain will be sentenced
to jail
from ten (10) and twenty (20) years.
Article 62:-
Any air traffic
controller while on duty with no sense of responsibility in case:
A.
Not causing danger to lives or properties, the air traffic controller
shall be sentenced to jail from one (1) to five (5) years and fined
from five million (5,000,000) to ten million (10,000,000) Riels.
B. Causing dangers to lives or properties, the air traffic controller
shall be sentenced to jail from ten (10) to twenty (20) years.
Article 63:-
Any
person who violates any individual and causes affect to safety of the
flight shall be sentenced from ten (10) years to twenty (20) years.
Any
person who hijacks, seizes, occupies, or destroys any aircraft being
in flight or on the ground shall be imprisoned to life.
CHAPTER XI
Final Provisions
Article 64:-
All provisions contrary
to this law shall be abrogated.
Royal
Palace, Phnom Penh, January 19, 2008
RL. 0801.051
Royal
Signature and Seal
NORODOM SIHAMONI
To have informed
for royal signature from His Majesty
Prime Minister
Signature
Samdech Akka Moha
Sena Padei Techo Hun Sen
To have informed
Samdech Akka Moha Sena Padei Techo Hun Sen, the
Prime Minister
of the Kingdom of Cambodia
Secretary of State of the State Secretariat of Civil Aviation
Signature
MAO
HASVANNAL
No.
63 C.
For
distribution
Phnom
Penh, January 24, 2008
Secretary-General
of the Royal Government
Khun
Chinken
ANNEX
In this law, the
following definitions shall apply except where the context otherwise
requires:
1.
Accident: means any situation or occurrence involving an aircraft in
flight, or persons or property aboard such an aircraft, which results
in serious personal injury or death or to serious property damage.
2.
Aerodrome: means a defined area on land or water to be used wholly or
in part, for the take-off, landing or movement of aircraft, and includes
buildings constructions or installations and equipment in the area defined
as well as in the vicinity of the area defined.
3. Air carrier: means the operator of aircraft, being a Cambodian citizen,
engaged directly or indirectly in the public airfreight, which accommodates
persons, items and package mails for service charges or fees.
4.
Aircraft: means any object, which is able to maintain its balance in
the airspace by force of the air in the atmospheric pressure.
5. State Aircraft: means any aircraft used in military, customs and
police services.
6. Aircraft operator: means any individual, corporation, partnership,
association or other entity that is authorized to possess, operate and
manage one or more aircraft.
7. Air transportation: means domestic air transportation or international
air transportation.
8. Air transport enterprise: means either a Cambodian air carrier or
foreign air carrier.
9. State Secretariat of Civil Aviation: means the civil aviation authority
of the Kingdom of Cambodia, in charge of all functions stated in this
law.
10. Kingdom of Cambodia: includes the land territory, its islands and
island group and its territorial waters and air.
11. The Chicago Convention: means the Convention on International Civil
Aviation, as amended and adopted at Chicago, on December 7, 1944, together
with Annexes thereto.
12.
Citizen: means an individual of Cambodian nationality, a permanent resident
of Kingdom of Cambodia, or a corporation, partnership, association or
other entity organized and existing under the laws of the Kingdom of
Cambodia.
13.
Civil Aviation Personnel: means any individual who carries out a Civil
Aviation operational function, including flight crew, aircraft maintenance
workers, air traffic controllers, or an employee of an air carrier or
airport.
14. Documents of carriage: include:
- With respect to the transport of passengers and luggage, the properly
completed passenger ticket, baggage tags and luggage coupons; and
- With respect to the transport of cargo, the airway bill
15.
Domestic air transportation: means transportation by air from place
to place within the country.
16. Flight crew: means the aircraft commander and other persons who
are on duty and engaged in the operation of the aircraft during flight.
17. Foreign air carrier: means an aircraft operator, not being a citizen
of Cambodia, engaged directly or indirectly, in the public air transport,
which accommodates the persons, property and package mails for service
charges or fees.
18. Incident: means any situation or occurrence involving an aircraft
in flight, or persons and property aboard such an aircraft, which presents
a menace or danger to the safety of that aircraft, to persons or property
aboard, to other aircraft or to any other persons or property, whether
or not such menace or danger results in damage or injury.
19.
In flight: means at any time from the moment when the external doors
of an aircraft are closed following embarkation until the moment when
any such door is opened for disembarkation. If an aircraft has no such
external doors, the aircraft shall be considered in flight from the
moment of disembarkation following landing. In the case of a forced
landing, the flight shall be deemed to continue until the competent
authorities take over responsibility for the aircraft and for persons
and property aboard.
20. International
air transportation: means transportation by air between a place in Cambodia
and a place outside thereof.
21.
The Security Conventions: mean, collectively, the Convention on Offences
and Certain Other Acts Committed on Board Aircraft, done at Tokyo on
September 14, 1963 (The Tokyo Convention); the Convention for the Suppression
of Unlawful Seizure of Aircraft done at the Hague on December 16, 1970
(The Hague Convention); and the Convention for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation done at Montreal on September
23, 1971 (The Montreal Convention); and a Protocol for the Suppression
of Unlawful Acts of Violence at Airport Serving International Aviation,
Supplementary to the Montreal Convention, done at Montreal on February
24, 1988.
22.
Third Party: means any individual, corporation, partnership, association
or other entity other than an aircraft operator and the passengers and
crew aboard the aircraft of such aircraft operator, except that if an
aircraft operator is not an air transport enterprise, third parties
shall include persons aboard the aircraft of such aircraft operator.
23.
The Warsaw Convention: means the Convention for the Unification of Certain
Rules Relating to International Carriage by Air done at Warsaw on October
12, 1929 (The Warsaw Convention), as amended by the protocol to that
convention done at Hague on September 28, 1955.
24. Nationality
mark: means any symbols representing one’s nation, such as a flag
or national identity.
25.
Registration mark:
Marks issued to aircraft by ICAO to represent that such an aircraft
has been registered in a country. For example, the letters XU represents
Cambodian airline, HS for Thai aircrafts, 9M for Malaysian aircrafts,
and 9V for Singaporean aircrafts, etc.
26.
Aircraft of Cambodian nationality: Any aircraft registered in a country
shall bear the nationality of that country, for example, an aircraft
registered in the Kingdom of Cambodia is of Cambodian nationality and
that in America, it shall be of American nationality.
27. Minimum standard: mean a standard established to define necessary
inspections of everything aboard the aircraft, including the checking
of the landing gear to see if there are spare nosewheels and the engine
(how many hours is the engine expected to run).
28. Insurance certificate:
Insurance policies
29. License or certificate:
means any letters that certify the capacity or duration of the mission.
Such license, certificate shall be varied in accordance with the issuing
country.
30. Regulation or Rules of the air: means the designation of flight
area.
31. Airspace: means
a particular area in the air found on the map or the flight area.
32. Ground handling:
means all the works done on the ground such as pulling an aircraft,
fueling and checking of the aircraft engine and transport to and from
the aircraft.
33. Reciprocity:
means any relationship or mutual understanding.
34. Price rate of
international standard: prices set by the international standards established
by IATA. However, our state will set suitable price for local flights.
35. Publication
of false information: refer to lies made to create fear that may interrupt
the operation of the aircraft.
36. Minimum charge:
means the money charged for insurance (passengers and luggage owners).
37. Aerodrome ranking:
means the classification of aerodromes depending on their types like
3C, 4C, 4D, or 4E, etc. For example, a large foreign airport is of 4E=60x3500
