CHAPTER 80
CIVIL AVIATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
FUNCTIONS OF THE MINISTER

   3.   Functions of the Minister.

PART III
THE TANZANIA CIVIL AVIATION AUTHORITY MINISTERIAL ADVISORY BOARD AND THE TANZANIA CIVIL AVIATION AUTHORITY LICENSING COMMITTEE

   4.   Establishment of the Tanzania Civil Aviation Authority Ministerial Advisory Board.

   5.   Establishment of a Licensing Committee.

   6.   Chairman of the Committee.

   7.   Other members of the Committee.

   8.   Functions of the Committee.

   9.   Duration of membership.

   10.   Meetings and procedures of the Committee.

   11.   The Tanzania Civil Aviation Authority and the Director-General.

   12.   [Repealed.]

   13.   Establishment of Civil Aviation Technical Committee.

PART IV
REGULATION OF CIVIL AVIATION

   14.   General powers to make regulations.

PART V
AERODROMES AND OBSTRUCTIONS

   15.   Indication of presence of obstructions.

   16.   Trespassing at an aerodrome.

PART VI
LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT

   17.   Nuisance and liability for damage.

   18.   Nuisance caused by aircraft and aerodromes.

   19.   Responsibility where an aircraft is hired out, etc.

PART VII
DETENTION OF AIRCRAFT

   20.   Exemption from seizure of certain aircraft on patent claims.

   21.   Detention of aircraft.

PART VIII
NATIONAL AIR TRANSPORT FACILITATION PROGRAMME, NATIONAL AIR TRANSPORT FACILITATION COMMITTEE AND AIR TRANSPORT FACILITATION COMMITTEES

   22.   National Air Transport Facilitation Programme.

   23.   National Air Transport Facilitation Committee.

   24.   Functions of the Air Transport Facilitation Committee.

   25.   Composition of the National Air Transport Facilitation Committee.

   26.   Every International Airport to have Airport Facilitation Committee.

   27.   Functions of the Airport Facilitation Committee at the airport level.

PART IX
MISCELLANEOUS PROVISIONS

   28.   Application of Act and regulations.

   29.   Jurisdiction of Courts over acts done within United Republic.

   30.   Delegation of powers by Director-General.

   31.   Liability of directors and officers of corporations.

   32.   State aircraft.

   33.   Regulations may empower the making of subsidiary legislation.

   34.-35.   [Omitted.]

SCHEDULE

CHAPTER 80
THE CIVIL AVIATION ACT

An Act to make provisions to enable effect to be given to the Chicago Convention; and generally to provide for the control, regulation and orderly development of civil aviation and to provide for the related matters.

[1st January, 1978]
[G.N. No. 9 of 1978]

Acts Nos.
13 of 1977
3 of 1992
5 of 2002
10 of 2003

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Civil Aviation Act.

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as such persons have disembarked, in which–

   (a)   a person is fatally or seriously injured as a result of–

      (i)   being in the aircraft; or

      (ii)   direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or

      (iii)   direct exposure to the jet blast,

      except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

   (b)   the aircraft sustains damage or structural failure which–

      (i)   adversely affects the structural strength, performance or flight characteristics of the aircraft; and

      (ii)   would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wingtips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or

   (c)   the aircraft is missing or is completely inaccessible; for the purpose of this definition an aircraft is considered to be missing when the official search has been terminated and the wreckage has not been located;

   "aerial work" means and includes an aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue and aerial advertisement;

   "aerodrome" and "airport" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

   "air navigation services" means–

   (a)   communication services, whether ground to air or ground to ground, provided for the safety of aircraft; and

   (b)   visual and non-visual aids to navigation; and

   (c)   air traffic services provided for the safety of aircraft; and

   (d)   meteorological services provided for the safety of aircraft and for the regularity of flight;

   "aircraft" means any machine that can derive sport in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

   "the Board" means the Tanzania Civil Aviation Authority Ministerial Advisory Board established by the Executive Agencies (The Tanzania Civil Aviation Authority) (Establishment) Order, 1999;

   "cargo" means movable property carried in an aircraft;

   "the Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on 7th December, 1944;

   "commercial air transport operations" means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;

   "crew" includes every person employed or engaged in an aircraft in flight on the business of the aircraft;

   "Director-General" means the Director-General of the Tanzania Civil Aviation Authority appointed under the Executive Agencies (The Tanzania Civil Aviation Authority) (Establishment) Order, 1999;

   "domestic animal" means the male, female or young of any animal of the following kinds namely, horse, ass, mule, cattle sheep, goat or pig;

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