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ARRANGEMENT OF REGULATIONS
PART I—LICENCES FOR SCHEDULED
JOURNEYS
Regulation
1. Application of Part I
2. Application for licence
3. Objections and representations
4. Provisional Licence
5. Grant of Licence
6. Publication of decision
7. Conditions of licence
8. Conveyance of mails
PART II—LICENCES FOR NON-SCHEDULED
JOURNEYS
9. Application of Part II
10. Application for licence
11. Provisional licence
12. Grant of licence
PART III—TOURISTS OR GROUP CHARTER
SERVICES
13. Application for licence
PART IV — GENERAL PROVISIONS
14. Tariffs
15. Duties of holder of licence
16. Revocation or suspension of
licence
17. Surrender of licence
18. Transfer of licence
19. Variation of licence
20. No fees to be refundable
21. Interpretation.
SCHEDULES
IN exercise of the powers
conferred on the Supreme Military
Council by sections 11 and 12 of
the Civil Aviation Act, 1958 (No.
37), these Regulations are made
this 7th day of June, 1976.
PART I—LICENCES FOR SCHEDULED
JOURNEYS
Regulation 1—Application of Part
I.
This Part shall not apply to the
carriage of passengers, mail or
freight by air for hire or reward
on journeys other than scheduled
journeys.
Regulation 2—Application for
Licence.
(1) Any holder of an air
operator's certificate granted
under regulation 4 of the Civil
Aviation Regulations, 1970 (L.I.
674) may apply to the Licensing
Authority in the form contained in
the First Schedule for a licence
to use aircraft in Ghana for the
carriage of passengers, mail or
freight for hire or reward upon
scheduled journeys.
(2) Six copies of the application
shall be submitted accompanied by
a fee of ¢200.00.
(3) For the purpose of determining
the application the applicant
shall give to the Licensing
Authority such further information
as the Licensing Authority may
reasonably require.
Regulation 3—Objections and
Representations.
(1) The Licensing Authority shall
publish in the Gazette the
following particulars of any
application for a licence under
this Part: —
(a) applicant's name and address;
(b) applicant's business name;
(c) the proposed routes;
(d) the proposed times and
frequency of the service;
(e) the proposed date of
commencement of the service;
(f) the period for which the
licence is required.
(2) Any person who objects to the
application or who wishes to make
any representation in respect of
it shall within 21 days after the
publication of the particulars
send his objection or
representation in writing signed
by him to the Licensing Authority
and serve a copy on the applicant
for the licence.
(3) Every objection or
representation shall specify the
application to which it relates
and shall state concisely the
grounds on which it is made.
(4) Upon receipt of an objection
or representation under
sub-regulation (2) of this
regulation, the applicant may
within seven days send his reply
thereto to the Licensing Authority
and to the person making the
objection or representation.
(5) The Licensing Authority shall
not proceed to determine the
application until at least 28 days
have expired after the publication
of the application in the Gazette.
(6) Where the Licensing Authority
thinks fit, it may appoint any
person to enquire into any
objections or representations made
under this regulation, and such
person shall in writing report his
findings to the Licensing
Authority.
(7) Both the applicant and the
person making the objection or
representation shall be entitled
to appear and be heard at any
enquiry referred to in
sub-regulation (6) of this
regulation.
Regulation 4—Provisional Licence.
(1) The Licensing Authority may,
pending consideration of an
application for a licence, grant
to the applicant a provisional
licence to use in Ghana for the
carriage of passengers, mail or
freight for hire or reward such
aircraft, on such scheduled
journeys, and subject to such
conditions, as may be specified in
the provisional licence.
(2) A provisional licence shall be
valid until the application is
approved or refused by the
Licensing Authority.
(3) A provisional licence may if
the Licensing Authority thinks fit
be limited to the carriage of
passengers or to the carriage of
freight.
Regulation 5—Grant of Licence.
(1) The Licensing Authority may,
subject to the requirements of any
enactment for the time being in
force, grant to any applicant a
licence to use in Ghana for the
carriage of passengers, mail or
freight for hire or reward such
aircraft, on such scheduled
journeys, and subject to such
conditions, as may be specified in
the licence.
(2) Upon the grant of a licence
under this regulation the person
to whom it is granted shall pay to
the Licensing Authority, on or
before the day on which the
licence is expressed to take
effect, a fee of ¢150.00 in
respect of each year or part of a
year of the period for which the
licence is expressed to remain in
force.
(3) A licence granted under this
regulation shall be valid for such
period not exceeding five years
commencing from the date of issue
of the licence as the Licensing
Authority may specify in the
licence:
Provided that if on the expiration
of the said period of validity of
the licence the holder has applied
to the Licensing Authority for the
renewal of the Licence the licence
shall remain valid until such time
as the Licensing Authority renews
the licence or otherwise decides.
Regulation 6—Publication of
Decision.
The Licensing Authority shall
publish in the Gazette in the
manner prescribed in the Second
Schedule its decision in respect
of the granting, suspension or
revocation of any licence under
this Part.
Regulation 7—Conditions of
Licence.
(1) It shall be a condition of
every licence that the holder of
the licence and any person having
a financial interest in the
business of the holder of the
licence shall refrain from
stipulating that any other person
shall: —
(a) refuse booking facilities to
any other holder of a licence; or
(b) afford such facilities to such
other holder only on terms less
favourable to that holder than the
terms which are enjoyed by the
first-mentioned holder.
(2) Any licence may if the
licensing Authority thinks fit be
limited to the carriage of
passengers or to the carriage of
freight.
(3) The conditions which may be
attached to any licence shall
include:—
(a) conditions relating to the
giving, by the holder of the
licence, to the licensing
Authority of information in
respect of any air services
provided under the licence and
relating to the time within which
such particulars shall be given;
and
(b) conditions as to the fares,
freight or other charges to be
charged by the holder of the
licence in respect of air services
provided thereunder.
Regulation 8—Conveyance of Mails.
(1) The Director General of Posts
and Telecommunications may require
the holder of a licence to perform
such reasonable services for the
conveyance of mails on such
flights as he may specify.
(2) The remuneration for such
services shall be determined by
agreement between the Director
General of Posts and
Telecommunications and the holder:
Provided that any dispute arising
in connection with such
remuneration shall be settled by
arbitration in accordance with the
provisions of the Arbitration Act,
1961 (Act 38).
PART II—LICENCES FOR NON-SCHEDULED
JOURNEYS
Regulation 9—Application of Part
II.
(1) This Part shall not apply —
(a) to the carriage of passengers,
mail or freight by air for hire or
reward on scheduled journeys; or
(b) to aircraft operators
registered in foreign countries
which exempt aircraft operators
registered in Ghana from similar
conditions under this Part.
(2) Foreign aircraft operators
exempted under paragraph (1) (b)
of this regulation must obtain
prior permission for each
non-scheduled flight or series of
flights, except for tourists or
group charter services, and an
application containing the
particulars in the Third Schedule
shall be submitted not less than
fourteen days before a flight
begins.
Regulation 10—Application for
Licence.
(1) Any holder of an air
operator's certificate granted
under regulation 4 of the Civil
Aviation Regulations, 1970 (L.I.
674) may apply to the Licensing
Authority in the form contained in
the Third Schedule for a licence
to provide air services other than
services referred to in regulation
2 (1).
(2) The application shall be
submitted not less than fourteen
days before the proposed date of
commencement of the licence
applied for:
Provided that in special
circumstances the Licensing
Authority may accept an
application submitted within a
lesser period.
(3) Six copies of the application
shall be submitted accompanied by
a fee of ¢100.00.
(4) For the purpose of determining
the application the applicant
shall give to the Licensing
Authority such further information
as the Licensing Authority may
reasonably require.
Regulation 11—Provisional Licence.
(1) The Licensing Authority may,
pending consideration of an
application for a licence, grant
to the applicant a provisional
licence to provide such air
services (other than services
referred to in regulation 2 (1))
and subject to such conditions, as
may be specified in the
provisional licence.
(2) A provisional licence shall be
valid until the application is
approved or refused by the
Licensing Authority.
Regulation 12—Grant of Licence.
(1) The Licensing Authority may,
subject to the requirements of any
enactment for the time being in
force, grant to any applicant a
licence to use in Ghana such
aircraft for the provision of such
air services (other than services
referred to in regulation 2 (1)),
for such period and on such
conditions as may be specified in
the licence.
(2) Upon the grant of a licence
under this regulation the person
to whom it is granted shall pay to
the Licensing Authority, on or
before the day on which the
licence is expressed to take
effect, a fee of ¢75.00 in respect
of each year or part of a year of
the period for which the licence
is expressed to remain in force.
PART III—TOURISTS OR GROUP CHARTER
SERVICES
Regulation 13—Application for
Licence.
(1) An application for permission
or a licence to operate
flights on behalf of tourists or
closed groups shall contain the
particulars set out in the Third
Schedule, and shall comply with
the regulations or conditions of
the Ghana Tourist Control Board or
any enactment for the time being
in force.
(2) Particulars regarding such
regulations or conditions may be
obtained from the Executive
Director, Ghana Tourist Control
Board, P.O. Box 3106, Accra,
Ghana.
(3) An application under this
regulation shall be submitted not
less than twenty working days in
advance in the case of flights
exceeding 2,000 miles and not less
than ten working days in advance
in the case of flights not
exceeding 2,000 miles.
PART IV—GENERAL PROVISIONS
Regulation 14—Tariffs.
It shall be the duty of an
aircraft operator granted
permission or a licence under
these Regulations to file with the
licensing Authority, and seek
confirmation of all tariffs to be
charged.
Regulation 15—Duties of Holder of
Licence.
It shall be the duty of the holder
of a licence granted under these
Regulations:—
(a) at all times during the
currency of his licence to comply
with the requirements of every
enactment for the time being in
force relating to air navigation
or air transport;
(b) to give to the Director of
Civil Aviation such information as
the Director may from time to time
require.
Regulation 16—Revocation or
Suspension of Licence.
(1) Subject to the provisions of
this regulation, the Licensing
Authority may revoke or suspend
any licence granted under these
Regulations if —
(a) the holder of the licence
has, since the licence was
granted, been convicted of an
offence under section 10 (1) of
the Civil Aviation Act, 1958; or
(b) where the holder of the
licence is a body corporate, any
officer of that body corporate
has, since the licence was
granted, been convicted, in his
capacity as such officer, of an
offence under section 10 (1) of
the Civil Aviation Act, 1958; or
(c) any condition subject to which
the licence was granted has not
been complied with.
(2) If the Licensing Authority
proposes to revoke or suspend any
licence for non-compliance with a
condition of the licence —
(a) the Licensing Authority shall
first give written notice to the
holder of the licence specifying
the condition which it is alleged
has not been complied with; and
the occasions on which it was not
complied with;
(b) the Licensing Authority shall
not revoke or suspend the licence
until after the expiration of 28
days from the date of such notice;
(c) the Licensing Authority shall
not in any event revoke or suspend
the licence unless it is
satisfied, after holding an
enquiry if the holder of the
licence within 7 days after the
date of the aforesaid notice by
written notice requires the
Licensing Authority to hold such
enquiry, that, by reason of the
number of occasions on which such
conditions or any of them have not
been complied with or the
circumstance that any
non-compliance with any such
condition was wilful, the licence
ought to be revoked or suspended.
(3) Any holder of a licence who
has given written notice requiring
the Licensing Authority to hold an
enquiry referred to in
sub-regulation (2) (c) of this
regulation shall have the right to
appear and be heard at that
enquiry and also to submit any
written objections he may wish to
make to the proposed revocation or
suspension.
Regulation 17—Surrender of
Licence.
(1) A licence may at any time be
surrendered by the holder to the
Licensing Authority for
cancellation.
(2) If, during the currency of a
Licence, the holder applies to the
Licensing Authority for a new
licence in substitution for the
current licence, he shall, if the
new licence is granted, surrender
the current licence for
cancellation on the date from
which the new licence is expressed
to take effect.
Regulation 18—Transfer of Licence.
No licence granted under these
Regulations shall be transferred
by the holder to any other person;
except that in the event of the
death, incapacity, bankruptcy or
insolvency of the holder, the
Licensing Authority may transfer
such licence to any person who is
lawfully appointed to manage the
business of such holder, if such
person applies in writing to the
Licensing Authority and satisfies
the Licensing Authority of his
ability to operate the business.
Regulation 19—Variation of
Licence.
The conditions of a licence
granted under these Regulations
may at any time be varied by
agreement between the holder of
the licence and the Licensing
Authority.
Regulation 20—No Fees to be
Refundable.
No refund of any fee paid under
these Regulations shall be made in
respect of any refusal to grant a
licence, or of any suspension,
surrender or revocation of a
licence granted under these
Regulations.
Regulation 21—Interpretation.
In these Regulations—
"air service" means any service
performed by aircraft for hire or
reward;
"Licensing Authority" means the
Ghana Air Transport Licensing
Authority established under
section 9 of the Civil Aviation
Act, 1958;
"Scheduled journey" means one of a
series of journeys which are
undertaken between the same two
places and which together amount
to a systematic service in such
manner that the benefits thereof
are available to members of the
public from time to time.
SCHEDULES
FIRST SCHEDULE
(Regulation 2)
APPLICATION FOR LICENCE FOR
SCHEDULED JOURNEYS
1. Applicant's name and address
.......................................................................….…
Nationality of applicant
..............................................................................................
2. Applicant's Business name and
address
...................................………………….....
…………………………………………………………………………….......…………….
3. Names, Addresses and
Nationality of persons by whom
business is substantially and
effectively controlled
....................................…………........………………………
………………………………………………………………………………………
4. Applicant's financial resources
………………………………................................
5. Particulars of any insurance
policy held or proposed by the
applicant to cover third party
risks in respect of the proposed
service
.............................……………………....
………………….............................…………………………………………………………........………………………....…….
6. The type of service — whether
to carry passengers or goods or
both …………….....
……………….............................…………………………………………………………........……………………………........
7. Number and type of aircraft to
be used on the service
………………….......…….......
……………………………………………………………………………............................
8. Times and frequency of the
service
……………..........................………………........
……………………................................................................................................................
9. Proposed routes with
intermediate stops for the purpose
of loading or landing passengers
or goods ……...…….……….............................................................................
……………………………………………………………………………………………..
10. Maximum fares or tariffs to be
charged in respect of any journey
or part of a journey for which
separate fares are charged
.................................................................................
................................................................................................................................................
11. Date of commencement of
service
...............................................................................
................................................................................................................................................
12. Particulars of other services
operated by applicant
.......................................................
................................................................................................................................................
13. Particulars of working
arrangements with other companies
..........................................
................................................................................................................................................
............................................................................................................
(Signature of applicant or
personauthorised to sign on his
behalf)
..................19................
SECOND SCHEDULE
(Regulation 6)
PUBLICATION OF DECISIONS
Particulars of the decisions of
the Licensing Authority—
(a) on applications for licences,
and
(b) to revoke or suspend a
licence,
shall be published by notice in
the Gazette and such notices shall
contain the following
particulars:—
(i)
Application—
(a) Name and address of applicant.
(b) A reference to the Gazette in
which notice of the application
was published.
(c) Such particulars as will
enable the application to be
identified.
(d) An indication whether the
licence is granted as applied for,
granted with modifications (the
modifications to be stated) or
refused.
(ii) Revocation or suspension—
(a) Name and address of applicant.
(b) Such information as will
enable the licence to be
identified including places
between which passengers or goods
are to be carried.
(c) Places at which intermediate
landings are to be made for the
purpose of loading or landing
passengers or goods.
(d) Date from which revocation or
suspension takes effect and, in
the case of suspension, the period
of suspension.
(e) The grounds on which the
licence is revoked or suspended.
THIRD SCHEDULE
(Regulations 10 and 13)
APPLICATION FOR LICENCE FOR
NON-SCHEDULED JOURNEYS
1. Name of operator
..............................................................................................
2. Type of aircraft and
registration marks
.................................................................
3. Date and time of arrival at,
and departure from, the airport or
airports concerned
......................................................................................................................................................................................................................................
4. Place or places of embarkation
and disembarkation of passengers
and/or
freight……..................................................……………………………………………………………………………………….....................................................................
5. Purpose of flight
....................................................................................................
6. (i) Number of passengers
…….....................…......................................................
(ii) Nature and amount of
freight…….........………………………….................
7. Name, address and business of
charterer
................................................……
……………………………………………………………………………………….......
……….........…................................................…………………....……
(Signature of applicant or
personauthorised to sign on this
behalf)
…………………….19……
GENERAL I.K. ACHEAMPONG
Chairman of the Supreme Military
Council
Date of Gazette Notification: 25th
June, 1976.
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