Civil Aviation Law No. 38 of 1981

Official Gazette — Issue 17 on April 23, 1981 1189

Law No. 38 of 1981
Issuing the Civil Aviation Law

In the Name of the People
President of the Republic

The People's Assembly has decided the following text, which is hereby issued:

(Article One)
The provisions of the accompanying Law regarding Civil Aviation shall be enforced.

(Article Two)
The following are repealed:
1 — Law No. 19 of 1920 regarding the Government's monopoly on aeroplanes.
2 — Law No. 57 of 1935 regarding Air Navigation.
3 — Law No. 639 of 1953 regarding the establishment of approach, transition, and safety zones for aeroplanes.
4 — Law No. 369 of 1959 regarding the regulation of work with aeroplanes.
5 — The Decree issued on May 23, 1935, regulating air navigation.
6 — The Decree issued on May 5, 1941, regarding special police regulations for air navigation.
7 — Presidential Decision No. 1506 of 1958 regarding the regulation of flight training.

Any other provision conflicting with the provisions of this Law is also repealed. The currently existing regulations and executive decisions shall remain in force insofar as they do not conflict with the provisions of this Law, until they are amended or repealed.

(Article Three)
This Law shall be published in the Official Gazette and shall be enforced from the day following its publication.
This Law is affixed with the State Seal and enforced as one of its laws.
Issued at the Presidency on: Jumada al-Akhirah 1401 (April 9, 1981) Anwar Sadat

Official Gazette — Issue 17 on April 23, 1981 1190

Civil Aviation Law

Chapter One
General Provisions
Section One
Definitions

Article 1 — Definitions
In the application of the provisions of this Law, and unless otherwise expressly stated, the following words and expressions shall have the meanings assigned to each of them as explained below:

1 — The Republic:
The Arab Republic of Egypt.

2 — The Competent Minister:
The Minister of Civil Aviation.

3 — Territory of the Republic:
The land areas and territorial waters adjacent to it, and the airspace connected to it.

4 — State of Registry:
The State in which the aircraft is registered.

5 — Civil Aviation Authorities:
The authorities whose determination is issued by a decision of the Minister of Civil Aviation to exercise specific competencies stipulated in this Law.

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6 — Chicago Convention:
The International Civil Aviation Convention signed in Chicago on December 7, 1944, and its annexes.

7 — Aircraft:
Any machine capable of deriving support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface, and includes all air vehicles such as gyroplanes, balloons, gliders, fixed-wing aircraft, rotary-wing aircraft, and others.

8 — Operator:
A natural or legal person who operates the aircraft for profit, either directly or by leasing it to others and assigning its flight crew to their orders.

9 — State of the Operator:
The State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence.

10 — Air Carrier:
A natural or legal person who operates one or more air routes for the transport of passengers, mail, and cargo, or any of them.

11 — State Aircraft:
Military aircraft, police aircraft, and customs aircraft.

12 — Air Traffic:
All aircraft airborne or in movement on the maneuvering area of an airport.

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13 — Air Traffic Control Unit:
Refers to any of the following units: Area Control Center, Approach Control Office, or Air Traffic Control Tower.

14 — Air Traffic Service Route:
A defined route intended to organize the flow of air traffic according to the requirements of providing air traffic services.

15 — Airport:
A defined area on land or water, including its buildings, installations, and equipment, intended to be used either wholly or partially for the arrival, departure, and surface movement of aircraft.

16 — International Airport:
Any airport designated by the State in its territory and equipped for the entry and exit of international air traffic, where procedures related to customs, immigration, public health, and sanitary measures, including for animals and plants, and other similar procedures are carried out.

17 — Airport Movement:
All aircraft and other ground movement in the maneuvering area of the airport, and all aircraft flying within the airport movement area.

18 — Airport Movement Area:
Airspace of defined dimensions established around the airport to protect the movement of that airport.

19 — Airport Maneuvering Area:
That part of the airport used for the takeoff, landing, and other movements of aircraft related to takeoff and landing, excluding the areas designated for loading and unloading operations and aircraft parking.

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20 — Airport Operator:
Any natural or legal person who operates and manages the airport, either directly or through a subsidiary.

21 — Pilot in Command:
The pilot responsible for the operation and safety of the aircraft during the flight time.

22 — Flight Crew Member:
A member of the aircraft crew holding a valid license and assigned essential duties for operating the aircraft during the flight time.

23 — Cabin Crew Member:
A person assigned by the operator to duties on an aircraft during the flight time.

24 — Flight Time:
The total time between the moment the aircraft begins to move under its own power for the purpose of takeoff until the moment it stops moving after the end of its flight.

25 — Prohibited Area:
A defined area of the airspace of the Republic declared by the competent authorities, where flight is prohibited.

26 — Restricted Area:
Airspace of defined dimensions located within the territory of the Republic where flight is restricted under certain conditions.

27 — Danger Area:
Airspace of defined dimensions within which dangerous activities for aviation exist at certain times.

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28 — Regular Air Service:
A series of air flights operated by public transport aircraft for passengers, mail, and cargo, or any of them, for remuneration or reward, open to the public, according to a published timetable, or regularly or with obvious repetition.

29 — International Regular Air Service:
An air service where the point of departure or destination is in the territory of another State other than the State in which the aircraft is registered.

30 — Domestic Regular Air Service:
A regular air service serving points located within the territory of a single State.

31 — Aerobatic Flight:
Maneuvers performed by an aircraft intentionally, involving a sudden change in attitude or assuming an unusual attitude, or a change in speed in an unusual manner.

32 — Aircraft Accident:
Any incident resulting in one of the consequences mentioned below, related to the operation of the aircraft, and occurring in the period between the time any person boards the aircraft with the intention of flying until the time all persons leave the aircraft.

1 — Death or serious injury of any person as a result of being on board the aircraft or direct contact with it or any part of it fixed in place.

2 — Serious damage to the aircraft.

3 — The following serious or fatal injuries are excluded if they result directly from the operation of the aircraft:

(a) Death from natural causes.

(b) Injuries inflicted by the person on themselves.

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(c) Injuries caused by other persons.

(d) Injuries to persons falling from the aircraft outside the passenger cabin.

(e) Injuries to ground personnel before the aircraft commences its flight or after its completion.

33 — Aircraft Incident:
Any event other than an aircraft accident that is related to the operation of the aircraft and affects or could affect the safety of operation.

34 — Air Operating Permit:
A general approval issued to the operator or air carrier to conduct air operations within the territory of the Republic for a specific period, specifying the conditions and purpose.

35 — Air Operation Authorization:
A specific approval issued by the Civil Aviation Authorities to conduct specific air operations.

36 — Certificate of Airworthiness:
A document issued by the Civil Aviation Authorities certifying the airworthiness of the aircraft for flight for a specific period, provided that the operator complies with the conditions stated in the document.

Section Two
Scope of Application and State Authorities

Article 2 — Scope of Application:
1 — The provisions of this Law shall apply to the following:
(a) Civil aviation within the territory of the Republic, including civil airports, civil aircraft, and State aircraft, except military aircraft.

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(b) Civil aircraft passing through the territory of the Republic — wherever they are — insofar as it does not conflict with the provisions of the laws of the foreign State exercising activity therein. 2 — The Minister of Civil Aviation may exempt certain State aircraft from the application of some provisions of this Law when necessary. 3 — The provisions of this Law do not apply to military aircraft, nor do they apply to military aircraft except under special conditions.

Article 3 — Provisions of International Civil Aviation Agreements:
The provisions of international civil aviation agreements to which the Republic has acceded or may accede in the future shall apply, as well as the provisions of this Law, insofar as they do not conflict with the provisions of these agreements.

Article 4 — State Sovereignty:
The State has complete and exclusive sovereignty over the airspace within its territory.

Article 5 — Supervision of Civil Aviation Affairs:
The Minister of Civil Aviation supervises all civil aviation affairs in the Republic and issues the necessary decisions to implement this Law.

Article 6 — Inspection, Detention, and Seizure of Aircraft and Flight Documents:
The Civil Aviation Authorities have the right — when necessary — to inspect aircraft, detain them, or seize any documents related to them to monitor the implementation of the provisions of this Law.

Article 7 — Wired and Wireless Communications Works and Services Related to Aviation:
Without prejudice to the competencies of the Cairo Port Authority regarding the operation of Cairo Airport to ensure air traffic safety within it, and the use of necessary wired and wireless equipment, the Egyptian General Authority for Civil Aviation shall assume responsibility for...