Civil Aviation (Repeal and Re-Enactment) Act 2006

NIGERIAN CIVIL AVIATION ACT

EXPLANATORY MEMORANDUM
An Act to repeal the Civil Aviation Act Cap. 51 Laws of the Federation of Nigeria, 1990 as amended and to re‐enact the Civil Aviation Act to provide for the regulation of Civil Aviation, establishment of the Nigerian Civil Aviation Authority; and for related matters

ARRANGEMENT OF SECTIONS
PART I - Control of Air Navigation
1. Control and Supervision of civil aviation.
PART II - The Nigerian Civil Aviation Authority
2. Establishment of the Nigerian Civil Aviation Authority.
PART III - The Governing Board of the Authority
3. Membership of the Governing Board.
4. Tenure of Office.
5. Cessation of Office.
6. Allowances, expenses, etc., of Chairman and members.
7. Functions of the Board.
PART IV - Staff of the Authority
8. Director‐General of the Authority.
9. Appointment of secretary and other staff by the Board.
10. Conflict of interests.
11. Pensions; Act No. 2, 2004.
PART V - Financial Provisions
12. Air ticket and cargo sales charge.
13. Fund of the Authority.
14. Expenditure by the Authority.
15. Power to accept gifts.
16. Power to borrow and invest.
17. Exemption from tax.
18. Duty to be Financially Prudent.
PART VI - Information, Notices, etc.
19. Power to request for information.
20. Restriction on disclosure of information.
21. Service of notices.
22. Service of documents.
PART VII - Miscellaneous Provisions.
23. Power to acquire land
24. Limitation of suits against the Authority.
25. Restriction on execution against property of the Authority.
26. Indemnification of Officers.
PART VIII - Investigation and Enforcement
27. Power to investigate, impose fines and enforce.
28. Directions by the Minister.
29. Investigation of accidents/Accident Investigation Bureau.
PART IX - The Authority's Power to regulate Civil Aviation
30. Power to regulate air navigation.
PART X - Functions of the Authority
31. Functions of the Authority.
PART XI - Control of air Transport Undertaking
32. Licensing of air transport undertakings.
33. Eligibility for licenses, permits, etc.
34. Air Operator Certificate (AOC) and other safety certificates.
35. Variation, suspension and revocation of licenses, permits, etc.
36. Supplementary Provisions relating to Licenses, permits, etc.
37. General duties in relation to licensing functions of the Authority.
PART XII - Provision of Aerodromes, Control of Land for Aviation Purposes, etc.
38. Power of Minister to approve the establishment aerodromes.
39. Eligibility for an aerodrome license.
40. Duty of the Authority to consider environmental factors when licensing aerodromes. .
41. Fixing by Reference to noise factors, the charges for using licensed aerodromes.
42. Requirements for approval of aerodrome security programme.
43. Requirements for approval of airline security programme.
44. Security surveys, audits, tests and inspections.
45. Security checks of persons and baggage.
46. Obstructions near aerodromes.
47. Trespass on aerodromes, etc.
PART XIII - Special Provisions as to Trespass, Nuisance, Salvage and Patents, etc
48. Carriers' Liability.
49. Actions in trespass, nuisance and damage from aircraft.
50. Application to aircraft of law of wreck and salvage.
51. Patent claims.
52. Infringement of patent.
53. Detention of aircraft.
PART XIV - Offences
54. Offences.
55. Dangerous flying.
56. Hijacking and Interference.
57. Offences of endangering safety, destroying or damaging of an aircraft in flight, etc.
58. Prohibition of unruly and indecent conduct.
59. Offences at aerodromes.
60. Destruction of, or damages to, air navigation and other facilities.
61. Duties of operators and personnel.
62. Transportation of dangerous goods.
63. Federal High Court to try offences.
PART XV - General
64. Power of the Authority to make rules for protecting public health.
65. Emergency powers for protecting public health.
66. Power of Minister to make orders in emergency.
67. Designation of essential Services.
68. Bilateral exchanges of Safety oversight responsibilities.
69. Regional cooperative aviation safety agreement.
70. Aviation safeguards.
71. Compensation schemes for passengers and other allied aviation services consumers.
72. Regulation of sale, distribution and provision of allied services.
73. Application of certain conventions.
74. Insurance.
75. Air services agreement.
76. Periodic publication of aviation policy.
77. Repeals and savings provisions.
78. Definitions.
79. Short Title.
SCHEDULES
FIRST SCHEDULE - Convention for the Suppression of Unlawful Seizure of Aircraft
SECOND SCHEDULE - Convention for the Unification of certain Rules relating to International Carriage by Air (Montreal, 1999)
THIRD SCHEDULE - Modification to the Convention for the Unification of certain Rules relating to International Carriage by Air
FOURTH SCHEDULE - Convention on International Recognition of Rights in Aircraft, 1948
FIFTH SCHEDULE
SIXTH SCHEDULE - Supplementary Provisions with respect to the Proceedings of the Board and other matters

NIGERIAN CIVIL AVIATION ACT
An Act to repeal the Civil Aviation Act Cap. 51 Laws of the Federation of Nigeria, 1990 as amended and to re‐enact the Civil Aviation Act to provide for the regulation of Civil Aviation, establishment of the Nigerian Civil Aviation Authority; and for related matters

[Commencement] [14th November, 2006]

PART I - Control of Air Navigation
1. Control and supervision of civil aviation
The Minister shall be responsible for the formulation of policies and strategies for the promotion and encouragement of Civil Aviation in Nigeria and the fostering of sound economic policies that assure the provision of efficient and safe services by air carriers and other aviation and allied service providers as well as greater access to air transport in a sustainable manner and to assist with ensuring that Nigeria's obligations under international agreements are implemented and adhered to.

PART II - The Nigerian Civil Aviation Authority
2. Establishment of the Nigerian Civil Aviation Authority
(1) There is established a body to be known as the Nigerian Civil Aviation Authority (in this Act referred to as "the Authority").

PART III - The Governing Board of the Authority

3. Membership of the Governing Board
(1) The Authority shall have a Governing Board (in this Act referred to as "the Board") which shall consist of:
(a) a chairman;
(b) one representative not below the rank of a Director of the following Ministries
(i) the Federal Ministry of Aviation or the Ministry for the time being responsible for Aviation,
(ii) the Federal Ministry of Defence or the Ministry for the time being responsible for Defence, and
(iii) the Federal Ministry of Communications or the Ministry for the time being responsible for Communications,
(c) four persons with cognate experience in aviation; and
(d) the Director‐General of the Authority

4. Tenure of Office
A member of the Board, other than the Director‐General, shall hold office:

5. Cessation of Office
(1) Notwithstanding the provisions of Section 4 of this Act, a person shall cease to hold office as a member of the Board if
(a) he becomes bankrupt, suspends payment or compounds with his creditors
(b) he is convicted of a felony or any offence involving dishonesty or fraud
(c) he becomes of unsound mind or is incapable of carrying on his duties
(d) he is guilty of a serious misconduct in relation to his duties :
(e) in the case of a person possessed of professional qualification, he is disqualified or suspended from practising his profession in any part of the world by an order of a competent authority : or
(f) he resigns his appointment by a letter addressed to the President.

6. Allowances, expenses, etc., of Chairman and members
The Chairman and members of the Board shall be paid such allowances, expenses and benefits in accordance with extant Federal Government Financial Guidelines.

7. Functions of the Board
The Board shall‐
(a) fix terms and conditions of service including remuneration of the employees of the Authority in accordance with the provision of Salary and Wages Commission;

PART IV - Staff of the Authority.
8. Director‐General of the Authority
(1) There shall be for the Authority a Director‐General who shall be appointed by the President, on such terms and conditions as stipulated in the Act, subject to the confirmation by the Senate.

9. Appointment of secretary and other staff by the Authority

10. Conflict of interest
(1) The Minister of Aviation, Members of the Governing Board, Director‐General and employees of the Ministry of Aviation and the Authority shall not control, manage or operate any aviation enterprise while in office.

11. Pensions Act No. 2, 2004
(1) Service in the Authority shall be approved service for the purpose of the Pension Reform Act or any other Act for the time being in force.

PART V - Financial Provisions
12. Air ticket and cargo sales charge
(1) There shall continue to be a 5% air ticket contract, charter and cargo sales charge to be collected by the airlines and paid over to the Authority.

13. Fund of the Authority

There shall be established and maintained for the Authority a fund into which shall be paid and credited‐
(a) all subventions and budgetary allocation from the Government of the Federation;

14. Expenditure by the Authority
The Director‐General of the Authority shall, from time to time, apply the funds of the Authority to‐
(a) the cost of administration and maintenance of the Authority;
(b) publicise and promote the activities of the Authority;
(c) pay allowances, expenses and other benefits of members of the Board and Committees of the Board;
(d) pay the salaries, allowances and benefits of employees of the Authority;
(e) pay other overhead allowances, benefits and other administrative costs of the Authority; and
(f) undertake such other activities as are connected with all or any of the functions of the Authority under this Act.

15. Power to accept gifts
(1) The Authority may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift.

16. Power to borrow and invest
(1) Subject to all applicable laws, the Board may, from time to time, borrow by overdraft or otherwise, such money as the Authority, may require for the performance of its functions under this Act.

17. Exemption from tax
(1) The Authority shall be exempted from the payment of tenement rates and income tax.

18. Duty to be financially prudent
(1) The Director‐General shall conduct the Authority's affairs with prudence and due diligence to ensure that the Authority does not become insolvent.

PART VI - Information, Notices, etc.
19. Power to Request for Information
(1) For the purpose of obtaining required information for the proper discharge of the functions conferred upon it by this Act, any authorized officer of the Authority may by notice, in writing‐

20. Restriction on Disclosure of Information

21. Service of Notices
(1) Any notice required or authorised under this Act to be served on any person may be served either by
(a) delivering it to the person or his agents or servants;
(b) leaving it at the person's proper address; or
(c) posting it to the person's principal office by registered post or courier.

22. Service of Documents
A notice, summons or other document required or authorised to be served upon the Authority under the provisions of this Act shall be served by delivering same to the office of the Director‐General of the Authority situate at the Headquarters of the Authority.

PART VII - Miscellaneous Provisions
23. Power to Acquire Land
(1) The Authority, may subject to the Land Use Act, acquire any land for the purpose of discharging its functions under this Act.

24. Limitation of suits against the Authority
(1) Notwithstanding anything contained in any other law or enactment, no suit shall lie against the Authority, a member of its Board, its Director‐General, or any other employee of the Authority for any act done in pursuance or execution of any public duty under this Act or any law or enactment, or in respect of any alleged neglect or default in the execution of any public duty under this Act or such law or enactment, unless it is commenced within one (1) year next after the act, neglect or default complained of, or in the case of a continuance of damage or injury, within one (1) year after the ceasing thereof.

25. Restriction on Execution against Property of the Authority

26. Indemnification of Officers
A member of the Board, the Director‐General or employee of the Authority shall be indemnified by the Authority against any civil proceeding brought against him arising from the lawful discharge of any of the functions or the exercise of any of the powers conferred on the Authority under this Act or any other enactment.

PART VIII - Investigation and Enforcement
27. Power to investigate, impose fines and enforce
(1) The Authority shall have power to carry out investigations into complaints and occurrences, save for accidents and serious incidents, after due notice to the person concerned.

28. Directions by the Minister
(1) The Minister may after consultation with the Authority give such directions, not inconsistent with the provisions of this Act, to the Authority on matters of policy‐
(a) in the interests of national security;
(b) in connection with any matter appearing to him to affect the relations of Nigeria with a country or territory outside Nigeria;
(c) in order to discharge or facilitate the discharge of an obligation binding on Nigeria by virtue of its being a member of an international organization or a party to an international agreement;
(d) in order to obtain or facilitate the attainment of any other object of which is in his opinion appropriate in view of the fact that Nigeria is a member of an international organization or a party to an international agreement; or
(e) in order to enable Nigeria become a member of an international organization or a party to an international agreement.

29. Investigation of Accidents/ Accident Investigation Bureau
(1) There is established an Accident Investigation Bureau hereinafter in this Act referred to as "the Bureau" which shall be a body corporate with power to sue and be sued in its corporate name except for matters associated with accident reports and to acquire, hold and dispose of property whether movable or immovable.

PART IX - The Authority's Power to regulate Civil Aviation.
30. Power to regulate air navigation
(1) The Authority may by regulation make such provision as expedient
(a) for carrying out the Convention on International Civil Aviation (in this section referred to as "the Convention") concluded at Chicago on the 7th day of December, 1444, any Annex to the Convention which relates to international standards and recommended practices and is adopted in accordance with the Convention, and any amendment of the Convention or of any such Annex which is made in accordance with the Convention;

Provided that the rates, fares and charges shown in any tariff shall in the first instance be denominated in local currency, without prejudice to these being denominated in foreign currencies in the case of foreign carriers;

PART X - Functions of the Authority
31. Functions of the Authority
The Authority shall be responsible for‐
(a) the registration of any aircraft in Nigeria and issuance to the owner thereof, of a certificate of registration;

PART XI - Control of Air Transport Undertaking
32. Licensing of air transport undertakings
(1) Subject to the provisions of section 34 of this Act‐
(a) no aircraft shall be used by any person in Nigeria for flying, while carrying passengers or cargo for reward, on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) or for such flying undertaking for the purpose of any trade or business, except under the authority of and in accordance with a license, permit, or other authorization issued to him by the Authority.

33. Eligibility for licenses, permits, etc.
(1) Notwithstanding the provisions of section 17 of the Nigeria Investment Promotion Commission Act, the Authority shall refuse to grant a license permit, certificate or other authorisation in pursuance of an application if it is not satisfied that‐

34. Air Operator Certificate (A.O.C.) and other safety certificates
(1) The Authority shall issue Air Operators Certificates and all other certificates relating to the safety of air transport undertakings.

35. Variation, suspension and revocation of licenses, permits, etc.
(1) An application for the variation, suspension or revocation of a licence, permit, certificate or other authorisation may be made to the Authority at any time in such manner and by such person(s) as may be prescribed in writing by the Authority.

36. Supplementary provisions relating to licensing, permits, etc.
(1) Where the Authority takes a decision refusing to grant, vary, suspend or revoke a license, permit, certificate or other authorisation, the Authority shall subject to subsection (2) below, furnish a statement of the reasons for the decision to the applicant for the license, permit, certificate or other authorization, or as the case may be, to the holder and to any other person who in accordance with rules made pursuant to this Act has filed an objection in the case or requested such a statement, provided that, no statement of reasons need be furnished in pursuance of this subsection in a case in which the decision is taken in pursuance of a request by the holder of a license, permit, certificate or other authorisation for the variation, suspension or revocation of it.

37. General duties in relation to licensing function of the authority
(1) The Authority shall perform its air transport licensing functions in the manner which it considers best to ensure that Nigerian registered airlines compete as effectively as possible with other airlines in providing air transport services on international routes: and in performing those functions the Authority shall also have regard to‐

PART XII - Provision of Aerodromes, Control of Land for Aviation Purposes etc.

38. Power of minister to approve the establishment aerodromes
(1) The Minister may approve the establishment and development of aerodromes anywhere in Nigeria.

39. Eligibility for an aerodrome license
A license for an aerodrome shall not be granted to any person other than‐
(a) a citizen of Nigeria; or

40. Duty of the authority to consider environmental factors when licensing aerodromes
The Authority in exercising its functions in relation to the licensing of aerodromes shall have regard to the need to minimize so far as practicable any adverse effect the presence of such aerodromes may have on the environment.

41. Fixing by reference to noise factors, the charges for using licensed aerodromes
Without prejudice to any power of an aerodrome operator to enter into an agreement on such terms as he or it thinks fit, an aerodrome operator may for the purpose of encouraging the use of quieter aircraft and of diminishing inconvenience from aircraft noise, fix his or its charges by reference, among other things, to any fact or matter relating to ‐
(a) the amount of noise, vibration or emission caused by the aircraft in respect of which the charges are made; or
(b) the extent or nature of any inconvenience resulting from such noise, vibration or emission.

42. Requirements for approval of aerodrome security programme
(1) No aerodrome operator shall permit his or its aerodrome to be used for operation of air transport service unless he or it has the airport security programme approved by the Authority.

43. Requirements for approval of airline security programme
(1) No airline operator shall operate air transport service to, from and within Nigeria unless he has a security programme approved by the Authority.

44. Security surveys, audits, test and inspections
The Authority or any other person authorised by it by general or special order in writing in this behalf may ‐
(a) conduct surveys and inspections of security measures relating to passengers and their cabin baggage, checked baggage, cargo and other goods, access controls and aerodrome design;

45. Security checks of persons and baggage
(1) Every person entering an aerodrome and every person before proceeding for boarding an aircraft and his hand baggage, if any, shall be liable to be searched and shall permit to be searched by an aviation security officer or any other person authorized in that behalf in writing by the Minister.

46. Obstructions near aerodromes
(1) If the Authority is satisfied, with respect to any building or structure in the vicinity of an aerodrome to which this section applies, that in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that building or structure, it may by order direct (subject to any conditions specified in the order) the operator of the aerodrome and any person acting under the operator's instructions

47. Trespass on Licensed Aerodromes etc
(1) Subject to subsection (2) of this section, any person who trespasses on any land forming part of an aerodrome, or upon which navigational aids or any ancillary facility is situated commits an offence and is liable on conviction, to imprisonment for a term not less than 1 month or a fine of not less than N100,000.00 or both.

PART XIII - Special Provisions as to Trespass, Nuisance, Salvage and Patents, etc.
48. Carriers' Liability
(1) The provisions contained in the Convention for the Unification of certain rules relating to International Carriage by Air signed at Montreal on 28th May, 1999 set out in the Second Schedule of this Act and as Amended from time to tune, shall from the commencement of this Act have force of law and apply to international carriage by air to and from Nigeria, in relation to any carriage by air to which those rules apply irrespective of the nationality of the aircraft performing the carriage, and shall, subject to the provisions of this Act, govern the rights and liabilities of carriers, passengers, consignors, consignees and other persons.

49. Action in trespass, nuisance and damage from Aircraft
(1) No action shall lie in respect of trespass or nuisance by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case as reasonable, or the ordinary incidents of such flight, so long as the flight over such property duly complies with any regulations in force made in respect thereto.

Provided that where the injury, loss or damage is caused in circumstances in which‐

50. Application to Aircraft of law of wreck and salvage
(1) Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage service if they had been rendered in relation to a vessel.

51. Patent claims
(1) Any lawful entry into Nigeria or any lawful transit across Nigeria, with or without landings, of an aircraft to which this sub‐section applies, shall not, entail any seizure or detention of the aircraft or any proceedings against the owner or operator of the aircraft or any other interference with the aircraft by or on behalf of any person in Nigeria on the ground that the construction, mechanism, parts, accessories, or operation of the aircraft is an infringement of any patent, design or model.

Provided that, this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Nigeria or are exported from Nigeria for sale or distribution.

52. Infringement of patent
(1) Where it is alleged by any interested person that a foreign aircraft which is not an aircraft to which section 51 (1) of this Act applies and which is making a passage through or over Nigeria, infringes in itself or part of it any invention, design or model which is entitled to protection in Nigeria, subject to and in accordance with any order made by the Minister, it shall be detained until the owner of it deposits or secures in respect of the alleged infringement a sum (hereafter in this section referred to as "the deposited sum"); and thereupon the aircraft shall not, during the continuance of the passage, be subject to any lien, arrest, detention or prohibition, whether by order of a court or otherwise, on account of the alleged infringement.

53. Detention of aircraft
Any regulation, rule or order made under or in pursuance of this Act in relation to aircraft may, provide for the detention of aircraft to secure compliance with the regulation, rule or order and may make such further provisions as appear necessary or expedient for securing the detention.

PART XIV - Offences
54. Offences
(1) Any act done by any person on a Nigerian aircraft outside Nigeria which, if it had been done by him in any part of Nigeria would have constituted an offence under the law in force in that part shall, for the purposes of any criminal proceedings in that part of Nigeria against that person in respect of that act, be deemed to have been done by him in that part of Nigeria.

55. Dangerous flying
(1) Where an aircraft is flown in such a manner as to cause danger to any person or property in the aircraft, on land or water, the pilot or any other person in charge of the aircraft and the owner or any person having responsibility for safe navigation of the aircraft commits an offence and is liable on conviction to imprisonment for a term of not less than 2 years or a fine of not less than N1,000,000.00 (one million naira) or both.

56. Hijacking and Interference
(1) The provisions contained in the Convention for the Suppression of the Unlawful Seizure of Aircrafts signed at the Hague on the 16th day of December 1970 set out in the First Schedule to this Act and as amended from time to time shall from the commencement of this Act have force of law in Nigeria.
[First Schedule]

57. Offences of endangering safety, destroying or damaging of an Aircraft in flight, etc.
(1) Any person who unlawfully and intentionally-
(a) commits an act of violence against a person on board an aircraft in flight which is likely to endanger the safety of such aircraft; or

58. Prohibition of unruly and indecent conduct
The Authority may by regulations prohibit certain acts which constitute unruly or indecent behaviour on board aircraft in or over Nigeria and such regulations may include appropriate criminal sanctions.

59. Offences at aerodromes
(1) Any person who, at any aerodrome, unlawfully and intentionally, uses any device, substance or weapon to‐
(a) commit an act of violence which causes or is likely to cause grievous hurt of any person, or
(b) destroy or seriously damage any aircraft or facility at an aerodrome or disrupt any service at the aerodrome, commits an offence and liable on conviction to imprisonment for life or to a fine of not less than N10,000,000.00 (ten million naira).

60. Destruction of, or damage to, air navigation and other facilities
(1) Any person who unlawfully and intentionally destroys or damages air navigation and meteorological facilities or interferes with their operation in such a manner as is likely to endanger the safety of aircraft in flight commits an offence and is liable on conviction to imprisonment for a term of not less than 1 (one) year or to a fine of not less than N500,000 (five hundred thousand naira) or both.

61. Duties of operator and personnel, etc.
(1) Each operator shall make or cause to be made, such inspection, maintenance, overhaul, and/or repair of all equipment used in civil aviation and to ensure that the operations conducted are in accordance with this Act and the regulations, by‐laws, directives and orders of the Director‐General issued by this Act.

62. Transportation of dangerous goods by air
The Authority shall monitor and enforce compliance with the provisions of Annex 18 to the Chicago Convention and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, and is authorised to submit variations to the Technical Instructions on behalf of Nigeria where necessary.

63. Federal High Court to try offences
(1) The Federal High Court shall have jurisdiction to try offences committed under this Act, and to hear all other matters involving the Authority and its obligations under any law.

PART XV - General
64. Power of the Authority to make rules for protecting public health
(1) The Authority in consultation with either relevant government agencies may make regulations for the prevention of danger arising to public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome.

65. Emergency power for protecting public health
(1) If the Minister is satisfied that Nigeria or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to public health through the introduction or spread of the disease by the agency of the aircraft, the Minister may take such measures as deemed necessary to prevent such danger.

66. Power of Minister to make orders in emergency
(1) In time of war, whether actual or imminent or when a proclamation of emergency under the Constitution is in force in the Federal Republic of Nigeria or any part thereof, if the Minister is of the opinion that in the interest of public safety or tranquility, the issue of all or any of the following orders is expedient, he may by notification in the Official Gazette‐
(a) cancel or suspend, either absolutely or subject to such conditions as he may think fit to specify in the order, all or any licences, permits, certificates or other authorizations issued under this Act;

67. Designation of essential Service
(1) All services which facilitate and maintain the smooth, orderly and safe take off, flight and handling of aircrafts and handling of aircrafts and the disembarkation and evacuation of passengers and cargo respectively in all aerodromes in Nigeria are hereby designated as essential services pursuant to the provisions of section 11 (1) of the Constitution of the Federal Republic of Nigeria.

68. Bilateral Exchanges of Safety oversight responsibilities
(1) The Authority may pursuant to Article 83bis of the Convention on International Civil Aviation and by a Bilateral Agreement with the Aeronautical Authorities of another country exchange with that country all or part of their respective functions and duties with respect to registered aircrafts under the following articles of the conventions: Article 12 (Rules of the air), Article 31 (Certificates of airworthiness), or Article 32 (a) (Licenses of Personnel).

69. Regional co‐operative aviation safety agreements
(1) The Authority shall encourage regional co‐operation in the regulation and administration of aviation safety.

70. Aviation safeguards
(1) The Authority, subject to the approval of the Minister may, by regulation, make such provisions as it deems necessary, to prohibit and/or discourage anti‐competitive practices.

71. Compensation schemes for passengers and other allied aviation services consumers
(1) The Authority shall formulate schemes for suitable compensation of passengers and other aviation and allied service consumers arising from different forms of grievances.

72. Regulation of sale, distribution and provision of allied services
(1) All persons engaged in the sale, distribution and provision of allied services shall obtain such license, permit or authorization from the Authority as may be specified.

73. Application of certain conventions
(1) The provisions of the Convention on the International Recognition of Rights in Aircraft (Geneva Convention), 1948 set out in the Fourth Schedule to this Act, and as amended from time to time, shall from the commencement of this Act have the force of law in Nigeria subject to subsection (2) of this section.
[Fourth Schedule]

[Fifth Schedule]
Provided however, that the Minister of Aviation shall have power to from time to time make declarations required or permitted to be made under the Convention and Protocol.

74. Insurance
(1) Any carrier operating air transport services to, from or within Nigeria, or aerodrome operator, aviation fuel supplier, or any provider of ground handling services, meteorological services, air traffic control services, aircraft maintenance services, or provider of such other class of allied service as the Authority may from time to time determine in writing shall maintain adequate insurance covering its liability under this Act and also its liability towards compensation for damages that may be sustained by third parties for an amount to be specified in regulations made by the Authority.

75. Air services agreement
All funds accruing from or as a result of air services agreements entered into by Nigeria whether multilateral or bilateral shall be paid to the Authority and maintained in a separate account to be used solely for the, development of Civil Aviation in Nigeria in accordance with regulations made by the Minister and appropriation by the National Assembly.

76. Periodic Publication of aviation policy
(1) The Minister may publish from time to time a statement of the policies of the Government of the Federal Republic of Nigeria on civil aviation.

77. Repeals and saving provisions
(1) Subject to the provisions of subsection (2) of this section, the following enactments are hereby repealed;
(a) Carriage by air (Colonies, Territories and other Trust Territories) Colonial Order 1953;
(b) Civil Aviation Act, Cap. 51 LFN 1990;
(c) Civil Aviation (Amendment) Act, 1999; and
(d) Nigerian Civil Aviation Authority (Establishment) Act, No. 49 1999.

78. Definitions
(1) In this Act‐
"aerodrome" means a defined area of land 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;
"aircraft" means any machine that can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth's surface;
"air navigation services" includes information, direction and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft and the control of movement of vehicles in any part of an aerodrome used for the movement of aircraft;
"allied aviation business" includes aircraft equipment sale or leasing operations, in‐flight catering services, ground handling operations and other businesses connected with or ancillary to civil aviation;
"Authority" means the Nigerian Civil Aviation Authority established by Section 2 (1) of this Act;
"cargo" means any property carried on an aircraft other than mail stores and accompanied or mishandled baggage;
"Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on the 7th December, 1944, any Annex which relates to international standards and recommended practices and is adopted in accordance with the Convention and any amendment of the Convention or of such Annex which is made in accordance with the Convention;
"civil aviation operations" includes Ground Handling operations, air operations, aerodrome operations, Meteorological Services, Air traffic control and provision of Navigational Aids, Catering and allied services;
"Director‐General" means the Director‐General of the Authority;
"flight" means a journey by air beginning from the moment when all the external doors of an aircraft are closed following embarkation until the moment when any such doors are opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;
"foreign aircraft" means an aircraft other than a Nigerian registered aircraft;
"ICAO" means International Civil Aviation Organization established under the Convention on International Civil Aviation 1944;
"license" Includes Air Transport License (AIL), Air operators Permit (AOP), Air Travellers Organizers License (ATOL), Air Operators Certificate (AOC), Certificates of Airworthiness, Certificate of Registration, Personnel Licenses and Ratings, Aerodrome license, Aviation Training Organizations Approvals/Certificates, Aircraft Maintenance Organization approvals/certificates and all other authorizations and approvals issued pursuant to this Act;
"mail" means dispatches of correspondence and other items tendered by and intended for delivery to postal services in accordance with the rules of the Universal Postal Union;
"member" means a member of the Governing Board of the authority and includes the Chairman;
"Minister" means the Minister of the Government of the Federation responsible for Civil Aviation;
"Nigerian aircraft" means an aircraft registered in Nigeria in pursuance of regulations made under this Act;
"premises" includes lands, plants, and ancillary works;

"prescribed" means prescribed by regulations made under this Act;
"regulations" in this Act is a reference to all subsidiary legislation made pursuant to this Act; and
"reward" in relation to a flight includes any form of consideration received or required to be received wholly or partly in connection with the flight irrespective of the person by whom or to whom the consideration has been or is to be given.

79. Short Title.
This Act may be cited as the Civil Aviation Act, 2006.

SCHEDULE

FIRST SCHEDULE [Section 56 (1)]
Convention for the Suppression of Unlawful Seizure of Aircraft,1993

PREAMBLE

THE STATE PARTIES TO THIS CONVENTION

CONSIDERING that unlawful acts of seizure or exercise of control of aircraft in flight jeopardize the safety of persons and property seriously affects the operation of air services, and undermine the confidence of the peoples of the world is the safety of civil aviation;

CONSIDERING that the occurrence of such acts is a matter of grave concern;

CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

HAVE AGREED AS FOLLOWS

ARTICLE 1
Any person who on board an aircraft in flight unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control
of, that aircraft, or attempts to perform any such act; or is an accomplice of a person who performs or attempts to perform any such act commits an offence (here‐in‐after referred to as "the offence").

ARTICLE 2
Each Contracting State undertakes to make the offence punishable by severe penalties.

ARTICLE 3
1. For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.

2. This Convention shall not apply to aircraft used in military, customs or police services.

3. This Convention shall apply only if the place of take‐off or the place of actual landing, if the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.

4. In the cases mentioned in Article 5, this Convention shall not apply if the place of take‐off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that Article.

5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 9 and 10 shall apply whatever the place of take‐off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.

ARTICLE 4
1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases:
(a) when the offence is committed on board an aircraft registered in that State;

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

ARTICLE 5
The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

ARTICLE 6
1. Upon being satisfied that the circumstances so warrant any Contracting State in the territory of which the offender or the alleged offender is present shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary enquiry into the fact.

3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

4. When a State, pursuant to this Article, has taken a person into custody it shall immediately notify the State of registration of the aircraft, the State mentioned in Article 4, Paragraph 1 (c), the State of nationality of detained person and, if it considers it advisable, any other interested State of the fact that such person is in custody and of the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said State and shall indicate whether it intends to exercise jurisdiction.

ARTICLE 7
The Contracting State in the territory of which the alleged offender found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory to submit the case to its competent authorities for the purpose of prosecution. Those
authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

ARTICLE 8
1. The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them.

2. If a Contracting State which makes extradition conditional on the existence of a treaty services a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offence as an extraditable offence between themselves subject to the conditions provided by the law of the requested State.

4. The offence shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 4, paragraph 1.

ARTICLE 9
1. When any of the acts mentioned in Article 1 (a) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.

2. In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

ARTICLE 10
1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the State requested shall apply in all cases.
2. The provisions of paragraph I of this Article shall not affect obligations under any other treaty bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

ARTICLE 11
Each Contracting State shall in accordance with its national law report to the Council of the international Civil Aviation Organization as promptly as possible any relevant information in its possession concerning the circumstances of the offence; the action taken pursuant In Article 9; the measures taken in relation to the offender or the alleged offender: and in particular the results of any extradition proceedings or other legal proceedings.

ARTICLE 12
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall at the request of one of them, be submitted to the Parties and if the parties are unable to agree on the organization or the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each state may at the time of signature or ratification of this convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.

3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depository Governments.

ARTICLE 13
1. This Convention shall be open for signature at The Hague on 16th December, 1970, by the States participating in the International Conference on Air Law held at The Hague from 1st to 16th December 1970 (hereinafter referred to as the Hague Conference). After 31st December, 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.
2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America which are hereby designated the Depository Governments.

3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in The Hague Conference.

4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.

5. The Depository Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.

6. As soon as this Convention comes into force, it shall be registered by the Depository Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1994)

ARTICLE 14
1. Any Contracting State may denounce this Convention by written notification to the Depository Governments.

2. Denunciation shall take effect six months following the date on which notification is received by the Depository Governments.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.
DONE at The Hague, this sixteenth day of December, one thousand, nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

SECOND SCHEDULE [Section 48 (1).]
Convention for the Unification of certain Rules relating to International Carriage by Air

(Montreal, 1999)

THE STATES PARTIES TO THIS CONVENTION

RECOGNISING the significant contribution of the convention for the Unification of Certain Rules Relating to international Carriage by Air signed in Warsaw on 12th October, 1929, hereinafter referred to as the "Warsaw Convention," and other related instruments to the harmonization of private international air law;

RECOGNISING the need to modernize and consolidate the Warsaw Convention and related instruments;

RECOGNISING the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution;

REAFFIRMING the desirability of an orderly development of international air transport operations and the smooth flow of passengers, baggage and cargo in accordance with the principles and objectives of the Convention Of International Civil Aviation, done at Chicago on 7th December, 1944;

CONVINCED that collective State action for further harmonization and codification of certain rules governing international carriage by air through a new convention is the most adequate means of achieving an equitable balance of interests;

HAVE AGREED AS FOLLOWS:

CHAPTER 1 - General Provisions

ARTICLE 1 - Scope of Application
1. This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

2. For the purposes of this Convention, the expression "international carriage" means any carriage in which, according to agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two States Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State party. Carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.

3. Carriage to be performed by several successive carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.

4. This Convention applies also to carriage as set out in Chapter V, subject to the terms contained therein.

ARTICLE 2 - Carriage Performed by State and Carriage of Postal Items
1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

2. In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

3. Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not apply to the carriage of postal items.

CHAPTER II - Documentation and Duties if the Parties relating to the Carriage of Passengers, Baggage and Cargo

ARTICLE 3 - Passenger and Baggage
1. In respect of carriage of passengers, individual or collective document of carriage shall be delivered containing‐

2. Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved.

3. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

4. The passenger shall be given written notice to the effect that where this Convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.

5. Non‐compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

ARTICLE 4 - Cargo
1. In respect of the carriage of cargo, an air waybill shall be delivered.

2. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carriage shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.

ARTICLE 5 - Contents of air Waybill or Cargo Receipt
The air waybill or the cargo receipt shall include‐
(a) an identification of the places of departure and destination;

ARTICLE 6 - Document relating to the Nature of the Cargo
The consignor may be required if necessary to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability therefrom.

ARTICLE 7 - Description of Air Waybill
1. The air waybill shall be made out by the consignor in three original parts.

2. The first part shall be marked "for the carrier"; it shall be signed by the consignor. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.

3. The signature of the carrier and that of the consignor may be printed or stamped.
4. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

ARTICLE 8 - Documentation for Multiple Packages
When there is more than one package‐
(a) the carrier of cargo has the right to require the consignor to make out separate air waybills;

ARTICLE 9 - Non‐compliance with Documentary Requirements
Non‐compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

ARTICLE 10 - Responsibility for Particulars of Documentation
1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also apply, where the person acting on behalf of the consignor is also the agent of the carrier.

2. The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.

3. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the consignor against all damages suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2 of Article 4.

ARTICLE 11 - Evidentiary Value of Documentation
1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

2. Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packaging of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts slated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.

ARTICLE 12 - Right of Disposition of Cargo
1. Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.

2. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.

3. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt.

4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition.

ARTICLE 13 - Delivery of the Cargo
1. Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage.

2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

3. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.

ARTICLE 14 - Enforcement of the Rights of Consignor and Consignee
The consignor and the consignee can respectively enforce all the rights given to them by article 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.

ARTICLE 15 - Relations of Consignor and Consignee or Mutual Relations of third Parties
1. Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

2. The provisions of Articles 12, 13 and 14 can only be varied by express provisions in the air waybill or the cargo receipt.

ARTICLE 16 - Formalities of Customs, Police or Other Public Authorities

1. The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.

2. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

CHAPTER III - Liability of the Carrier and Extent of, Compensation for Damage

ARTICLE 17 - Death and Injury of Passengers‐Damage of Baggage
1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

2. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.
3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of the twenty‐one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

4. Unless otherwise specified, in this Convention the term "baggage" means both checked baggage and unchecked baggage.

ARTICLE 18 - Damage to Cargo
The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following ‐
(a) inherent defect, quality or vice of that cargo;
(b) defective packing of that cargo performed by a person other than the carrier or its servants or agents;
(c) an act of war or an armed conflict;
(d) an act of public authority carried out in connection with the entry, exit or transit of the cargo.

3. The carriage by air within the meaning of paragraph 1 of this Article comprises the period during which the cargo is in the charge of the carrier.

4. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an Airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

ARTICLE 19 - Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

ARTICLE 20 - Exoneration
If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger, compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or commission of that passenger. This Article applies to all the liability provisions in this Convention, including paragraph 1 of Article 21.

ARTICLE 21 - Compensation in case of Death or Injury of Passengers
1. For damage arising under paragraph 1 of Article 17 not exceeding 100,000.00 United States dollars for each passenger, the carrier shall not be able to exclude or limit its liability.

2. The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 United States dollars if the carrier proves that‐
(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or

ARTICLE 22 - Limits of Liability in relation to Delay, Baggage and Cargo
1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 United States Dollars.

2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 United States Dollars for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case, the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.

3. In the carriage of Cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 20 United States Dollars per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not excluding the declared sum, unless it proves that the sum is greater than the consignors actual interest in delivery at destination.

4. In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servants or agent was acting within the scope of its employment.

6. The limits prescribed in Article 21 and in this Article shall not prevent the Court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the Plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding Court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the Plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

ARTICLE 23 - Conversion of Monetary Units
1. The sums mentioned in Articles 21 and 22 shall be converted to naira at the existing official exchange rate.

ARTICLE 24 - Review of Limits
1. Without prejudice to the provisions of Article 25 of this Convention, the limits of liability prescribed in Articles 21, 22 and 23 shall be reviewed by the Minister of Aviation upon advice by the Nigerian Civil Aviation Authority at seven‐year intervals, the first such review to take place at the end of the seventh year following the date of entry into force of this Act.

ARTICLE 25 - Stipulation on Limits
A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or to no limits of liability whatsoever.

ARTICLE 26 - Invalidity of Contractual Provisions
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this convention.

ARTICLE 27 - Freedom to Contract
Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions of this Convention.

ARTICLE 28 - Advance Payments
In the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments shall not constitute recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

ARTICLE 29 - Basis of Claims
In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question
as to who are persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non‐compensatory damages shall not be recoverable.

ARTICLE 30 - Servants, Agents ‐ Aggregation of Claims
1. If an action is brought against a servant or agent of the carrier arising out of damage to which the Convention relates, such servant or agent, if they prove that they acted within the scope of their employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention.

2. The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.

3. Save in respect of the carriage of cargo, the provisions of paragraph I and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage recklessly and with knowledge that damage would probably result.

ARTICLE 31 - Timely Notice of Complaint
1. Receipt by the person entitled to delivery of checked baggage or cargo without complaint is Prima Facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in paragraph 2 of Article 3 and paragraph 2 of Article 4.

2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in case of cargo. mIn the case of delay, the complaint must be made at latest within fourteen days from the date on which the baggage or cargo have been placed at his or her disposal.

3. Every complaint must be made in writing and given or dispatched within times aforesaid.

4. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.

ARTICLE 32 - Death of Person Liable
In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his or her estate.

ARTICLE 34 - Arbitration
1. Subject to the provisions of this Article, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing.

2. The arbitrator or arbitral tribunal shall apply the provisions of this Convention.

4. The provisions of paragraphs 2 and 3 of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.

ARTICLE 35 - Limitation of Actions
The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

ARTICLE 36 - Successive Carriage
1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision.

2. In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

3. As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.

ARTICLE 37 - Right of Resources against Third Parties
Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.

CHAPTER IV - Combined Carriage

ARTICLE 38 - Combined Carriage
1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention shall, subject to paragraph of Article 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

2. Nothing in this Convention shall prevent the parties in the case of combine carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.

CHAPTER V - Carriage by Air Performed by a Person other than the Contracting Carrier

ARTICLE 39 - Contracting Carrier ‐ Actual Carrier
The provisions of this Chapter apply when a person (hereinafter referred to as "the contracting carrier") as a principal makes a contract of carriage governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as "the actual carrier") performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention. Such authority shall be presumed in the absence of proof to the contrary.

ARTICLE 40 - Respective Liability of Contracting and Actual Carriers
If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules of this Convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.

ARTICLE 41 - Mutual Liability
1. The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.

2. The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this Convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.

ARTICLE 42 - Addressee of Complaints and Instructions
Any complaint to be made or instruction to be given under this Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.

ARTICLE 43 - Servants and Agents
In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.

ARTICLE 44 - Aggregation of Damages
In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servant and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for sum in excess of the limit applicable to that person.

ARTICLE 45 - Addressee of Claims
In relation to the carriage performed by the actual carrier, an action for damage may be brought, at the option of the Plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joiner in the proceedings, the procedure and effects being governed by the law of the court seized of the case.

ARTICLE 46 - Additional Jurisdiction
Any action for damages contemplated in Article 45 must be brought, at the option of the Plaintiff, in the territory of one of the State Parties, either before a court in which an action may be brought against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business.

ARTICLE 47 - Invalidity of Contractual Provisions
Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.

ARTICLE 48 - Mutual Relations of Contracting and Actual Carriers
Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.

CHAPTER VI - Other Provisions

ARTICLE 49 - Mandatory Application
Any clause contained in the contract of carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void.

ARTICLE 50 - Insurance
States Parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A carrier may be required by the State Party into which it operates to furnish evidence that it maintains adequate insurance covering its liability under this Convention.

ARTICLE 51 - Carriage Performed in Extraordinary Circumstances
The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier's business.

ARTICLE 52 - Definition of Days

The term "days" when used in this Convention means calendar days, not working days.

CHAPTER VII - Final Clauses

ARTICLE 53 - Signature, Ratification and Entry into Force
1. This Convention shall be open for signature in Montreal on 28 May, 1999 by States participating in the International Conference on Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open to all States for signature at the Headquarters of the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 6 of this Article.

2. This convention shall be open for signature by Regional Economic Integration Organizations. For the purpose of this Convention, a "Regional Economic Integration Organization" means any organization which is constituted by sovereign State of a given region which has competence in respect of certain matters governed by this convention and has been duly authorised to sign and to ratify, accept, approve or accede to this Convention. A reference to a "State Party" or "States Parties" in this Convention, otherwise than in paragraph 2 of Article 1, paragraph 1 (b) of Article 3, paragraph (b) of Article 5, Article 23, 33, 46, and paragraph (b) of Article 57, applies equally to a Regional Economic Integration Organization. For the purpose of Article 24, the references to "a majority of the States Parties" and "one‐third of the States Parties" shall not apply to a Regional Economic Integration Organization.

3. This Convention shall be subject to ratification by States and by Regional Economic Integration Organizations which have signed it.

4. Any State or Regional Economic Integration Organization which does not sign this Convention may accept, approve or accede to it at any time.

5. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization which is hereby designated the Depositary.

6. This convention shall enter into force on the sixtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance approval or accession with the Depositary between the States which have deposited such instrument. An instrument deposited by a Regional Economic International Organization shall not be counted for the purpose of this paragraph.

7. For other States and for other Regional Economic Integrations, this Convention shall take effect sixty days following the date of deposit of the instrument of ratification acceptance, approval or accession.

8. The Depositary shall promptly notify all signatories and States Parties of‐
(a) each signature of this Convention and date thereof;
(b) each deposit of an instrument of ratification acceptance, approval or accession and date thereof;
(c) the date of entry into force of this Convention;
(d) the date of the coming into force of any revision of the limits of liability under this Convention;
(e) any denunciation under Article 54.

ARTICLE 54 - Denunciation
1. Any State Party may denounce this Convention by written notification to the Depositary.

2. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the Depositary.

ARTICLE 55 - Relationship with State Parties over Warsaw Convention Instruments
This Convention shall prevail over any rules which apply to international carriage, by air‐

ARTICLE 56 - States with more than one System of Law
1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may notify this declaration by submitting another declaration at any time.

2. Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies.

3. In relation to a State Party which has made such a declaration‐
(a) reference in Article 23 to "national currency" shall be construed as referring to the currency of the relevant territorial unit of that State; and

ARTICLE 57 - Reservations
No reservation may be made to this convention except that a State Party may at any time declare by a notification addressed to the Depository that this Convention shall not apply to‐
(a) international carriage by air performed and operated directly by that State Party for non‐commercial purposes in respect to its functions and duties as a sovereign State; and/or

IN WITNESS WHEREOF the undersigned plenipotentiaries having been duly authorized, have signed this Convention.

DONE at Montreal on the 28th day of May of the year one thousand nine hundred and ninety‐nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic.

This Convention shall remain deposited in the archives of the international Civil Aviation Organization and certified topics thereof shall be transmitted by the Depository to all States Parties to this Convention, as well as to all States Parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention. The Guatemala City protocol, and the Montreal Protocols.
_____________________________

THIRD SCHEDULE [Section 48 (2).]

Modifications to the Convention for the Unification of Certain rules relating to International Carriage by Air

CHAPTER 1 - General Provisions

ARTICLE 1 - Scope of Application
1. This Convention applies to all carriage of persons, baggage or cargo performed by aircraft for reward within Nigeria. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

2. Carriage to be performed by several successive carriers is deemed for the purposes of this Convention, to be one undivided carriage if it has been regarded by the panes as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts.

3. This Convention applies also to carriage asset out in Chapter V, subject to the terms contained therein.

ARTICLE 2 - Carriage Performed by State and Carriage of Postal Items
1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

2. In the carriage of postal items, the carriage shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

3. Except as provided in paragraph 2 of this Article, the provisions of this of Convention shall not apply to the carriage of postal items.

CHAPTER II - Documentation and Duties of the Parties relating to the Carriage of Passengers Baggage and Cargo

ARTICLE 3 - Passengers and Baggage
1. In respect of carriage of passengers, an individual or collective document carriage shall be delivered containing an indication of the places of departure and destination.

2. Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger written statement of the information so preserved.

3. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

4. The passenger shall be given written notice to the effect that where this Convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage and for delay.

5. Non‐compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall nonetheless be subject to the rules of this Convention including those relating to limitation of liability.

ARTICLE 4 - Cargo
1. In respect of the carriage of cargo, an air waybill shall be delivered.

2. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.

ARTICLE 5 - Contents of Air Waybill of Cargo Receipt
The air waybill or the cargo receipt shall include‐
(a) an indication of the places of departure and destination;

ARTICLE 6 - Document Relating to the Nature of the Cargo
The consignor may be required, if necessary to meet the formalities of customs, police, and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability resulting therefrom.

ARTICLE 7 - Description of Air Waybill
1. The air waybill shall be made out by the consignor in three original parts.

2. The first part shall be marked "for the carrier"; it shall be signed by the consignor. The second part shall be mark "for the consignee," it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.

3. The signature of the carrier and that of the consignor may be printed or stamped.

4. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

ARTICLE 8 - Documentation for Multiple Packages
When there is more than one package‐
(a) the carrier of cargo has the right to require the consignor to make out separate air waybills;

ARTICLE 9 - Non‐compliance with Documentary Requirements
Non‐compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage, which shall nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

ARTICLE 10 - Responsibility for Particulars of Documentation
1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier.

2. The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.

3. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the consignor against all damages suffered by it, or by any other person to whom the consignor is liable by reason of irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2 of Article 4.

ARTICLE 11 - Evidentiary Value of Documentation
1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

2. Any statements in the air waybill or the cargo receipt relating to the weighs, dimensions and packaging of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.

ARTICLE 12 - Right of Disposition of Cargo
1. Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.

2. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.

3. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of air waybill or the cargo receipt delivered to the latter, the carrier will be liable without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of air waybill or the cargo receipt.
4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with the consignor resumes its right to disposition.

ARTICLE 13 - Delivery of the Cargo
1. Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due on complying with the conditions of carriage.

2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

3. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of two days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.

ARTICLE 14 - Enforcement of the Rights of Consignor and Consignee

The consignor and the consignee can respectively enforce all the rights given to them by Articles 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.

ARTICLE 15 - Relations of Consignor and Consignee or Mutual Relations of Third Parties
1. Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

2. The provisions of Articles 12, 13, and 14 can only be varied by express provisions in the air waybill or the cargo receipt.

ARTICLE 16 - Formalities of Customs, Police or Other Public Authorities
1. The Consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police, and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.

2. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

CHAPTER III - Liability of the Carrier and Extension Compensation for Damage

ARTICLE 17 - Death and Injury of Passengers
Damage to Baggage
1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking, disembarking. The carrier is liable for damage sustained in case of destruction or loss of, (damage to checked baggage upon condition only that the event which caused the destruction, or loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of seven day (after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage. Unless otherwise specified, in this Convention the term "baggage" means both checked baggage and unchecked baggage.

ARTICLE 18 - Damage of Cargo
The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.
However, the carrier is not liable if and to the extent it proves that the destruction or loss of, or damage to, the cargo resulted from one or more of the following: inherent defect, quality or vice of that cargo; defective packing of that cargo performed by a person other than the carrier or its servants or agents; an act of war or an armed conflict; an act of public authority carried out in connection with the entry, exit or transit of the cargo.

The carriage by air within the meaning paragraph 1 of this Article comprises the period during which the cargo is in the charge of the carrier.
The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If however, such carriage takes place in the performance of a contract (or carriage by air, for the purpose of loading. delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without consent or the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carried by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

ARTICLE 19 - Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that if was impossible for it or them to take such measures.

ARTICLE 20 - Exoneration
If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from which he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger This Article applies to all the liability provisions (in this Convention, including paragraph 1 of Article 21.

ARTICLE 21 - Compensation in case of Death or Injury of Passengers
For damages arising under paragraph 1 of Article 17 not exceeding 100,000.00 United States Dollars for each passenger, the carrier shall not be able to exclude or limit its liability.
The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 United States dollars if the carrier proves that such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or such damage was solely due to the negligence or other wrongful act or omission of a third party.

ARTICLE 22 - Limits of Liability in relation to Delay, Baggage and Cargo
1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4150 United States Dollars.

2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage, or delay is limited to 1000 United Slates Dollars for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination.

3. In the carriage of cargo, the liability of the carrier in the case of destruction damage or delay is limited to a sum of 20 United States Dollars per kilogram, unless the consignor has made, at the time when the package was handed over to the car special declaration of interest in delivery at a destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination.

4. In the case of destruction, loss, damage or delay of part of the cargo, or any object contained therein, the weight to be taken into consideration in determining amount to which the carrier's liability is limited shall be only the total weight o package or packages concerned, Nevertheless, when the destruction. Loss, damage part of the cargo, or of an object contained therein, affects the value of other pack covered by the same air waybill, or the same receipt or, if they were not issued, by same record preserved by the other means referred twin paragraph 2 of Article 4 total weight of such package or packages shall also be taken into consideration determining the limit of liability.

5. The foregoing provisions of paragraph 1 and 2 of this Article shall not apply it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge damage would probably result; provided that, in the case of such act or omission servant or agent, it is also proved that such servant or agent was acting within scope of its employment.

6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own rules of procedure in addition, the whole part of the court costs and of the other expenses of the litigation incurred by Plaintiff, including interest The foregoing provision shall not apply if the amount of damages awarded, including court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action if that is later.

ARTICLE 23 - Conversion of Monetary Units
The sums mentioned in Articles 21 and 22 shall be converted to Naira at the existing official exchange rate.

ARTICLE 24 - Review of Limits
Without prejudice to the provisions of Article 25 of this Convention the limits liability prescribed in Articles 21, 22 and 23 shall be reviewed by the Minister of Aviation upon advice by the Nigerian Civil Aviation Authority at seven year intervals, the first such review to take place at the end of the seventh year following the date of entry in force of this Act.

ARTICLE 25 - Stipulation on Limits
A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or to no limits of liability whatsoever.

ARTICLE 26 - Invalidity of Contractual Provisions
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.

ARTICLE 27 - Freedom to Contract
Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions of this Convention.

ARTICLE 28 - Advance Payments
In the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payment amount shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

ARTICLE 29 - Basis of Claims
In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary orally other non‐compensatory damages shall not be recoverable.

ARTICLE 30 - Servants, Agents ‐ Aggregation of Claims
1. If an action is brought against a servant or agent of the carrier arising out of damage to which the Convention relates, such servant or agent, if they prove that they acted within the scope of their employment shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention.

2. The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.

3. Save in respect of the carriage of cargo the provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

ARTICLE 31 - Timely Notice of Complaints
1. Receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in paragraph 2 of Article 3 and paragraph 2 of Article 4.

2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within two days from the date of receipt in the case of checked baggage and seven days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within fourteen days from the date on which the baggage or cargo have been placed at his or her disposal.

Every complaint must be made in writing and given or dispatched within times aforesaid. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.

ARTICLE 32 - Death of Person Liable

In the case of the death of the person liable, an action for damages lies in accord with the terms of this Convention against those legally representing his or her estate.

ARTICLE 33 - Jurisdiction
1. An action for damages must be brought, at the option of the Plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business or where it has a place of business through whit the contract has been made or before the court at the place of destination.

2. In respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in paragraph I of this Article, Air in the territory of a State Party in which of the time of the accident the passenger is his or her principal and permanent residence and to or from which the carrier operates services forth Carriage of passengers by air, either on its own aircraft, or on another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.

3. For the purpose of paragraph 2‐
(a) "commercial agreement" means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;

4. Questions of procedure shall be governed by the law of the court seized of the case.

ARTICLE 34 - Arbitration
1. Subject to the provisions of this Article the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under the Convention shall be settled by arbitration. Such agreement shall be in writing.

2. The arbitrator or arbitration tribunal shall apply the provisions of this Convention.

3. The provisions of paragraph 2 of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.

ARTICLE 35 - Limitation of Actions
The right to damages shall be extinguished if an action is not brought within period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

ARTICLE 36 - Successive Carriage
1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision.

2. In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

3. As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passengers or to the consignor or consignee.

ARTICLE 37 - Right to Resources against Third Parties
Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of resources against any other person.

CHAPTER IV

ARTICLE 38 - Combined Carriage
1. In the case of combined carriage performed partly by air and partly by other mode of carriage, the provisions of this Convention shall subject to paragraph 4 of Article 18, apply only to the carriage by air provided that the carriage by air within the terms of Article 1.

2. Nothing in this convention shall prevent the parties in the case of combined carriage from inserting in the documents of air carriage conditions relating to other modes of carriage, provided that the provisions of this convention are observed as regards the carriage by air.

CHAPTER V - Carriage by Air Performed by a Person other than the Contracting Carrier

ARTICLE 39 - Contracting Carrier ‐ Actual Carrier
The provisions of this Chapter apply when a person thereinafter referred to as the contacting carrier as a principal makes a contract of carriage governed by this convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another thereinafter referred to as "the actual carrier" performs, by virtue of authority from the contracting carrier the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention.
Such authority shall be presumed in the absence of proof to the contrary.

ARTICLE 40 - Respective Liability of Contracting and Actual Carriers
If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual shall, except as otherwise provided in this chapter be subject to the rules of this convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.

ARTICLE 41 - Mutual Liability
1. The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also
those of the contracting carrier.

2. The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall in relation the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.

ARTICLE 42 - Addressee of Complaints and Instruments

Any complaint to be made or instruction to be given under this Convention to carrier shall have the same effect whether addressed to the contracting carrier or to actual carrier. Nevertheless, instructions referred to in Article 12 shall only be active if addressed to the contracting carrier.

ARTICLE 43 - Servants and Agents
In relation to the carriage performed by the actual carrier any servant or agent of carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.

ARTICLE 44 - Aggregation of Damages
In relation to the carriage performed by the actual carrier, the aggregate amounts recoverable from that carrier and the contracting carrier and from theirs and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.

ARTICLE 45 - Addressee of Claims
In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the Plaintiff, against that carrier or the contracting carrier; or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seized of the case.

ARTICLE 46 - Invalidity of Contractual Provisions
Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.

ARTICLE 47 - Mutual Relations of Contracting and Actual Carrier
Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.

CHAPTER VI - Other Provisions

ARTICLE 48 - Mandatory Application
Any clause contained in the contract or carriage and all special agreement entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void.

ARTICLE 49 - Carriage Performed in Extraordinary Circumstances
The provisions of Article 3 to 5, 7 and 8 relating to the documents of carriage shall not apply in the case of carriage performed in extra‐ordinary circumstances outside the normal scope of a carrier's business.

ARTICLE 50 - Definition of Days
The expression "days" when used in this Convention means working days, not calendar days.

FOURTH SCHEDULE - [Section 73(1).]

Geneva Convention on International Recognition of Rights in Aircraft, 1948
Signed at Geneva, on 19 June, 1948

WHEREAS the Internationals Civil Aviation Conference, held at Chicago November‐December 1944, recommended the early adoption of a Convention dealing with the transfer of title to aircraft.

WHEREAS it is highly desirable in the interest of the future expansion of International Civil Aviation that rights in aircraft be recognized internationally,

THE UNDERSIGNED, duly authorised, have agreed, on behalf of their respective Government, as follows:

ARTICLE 1
1. The Contracting States undertake to recognise‐
(a) rights of property in aircraft;
(b) rights to acquire aircraft by purchase coupled with possession of the aircraft;
(c) rights to possession of aircraft under leases of six months or more;
(d) mortgages, hypotheques and similar rights in aircraft which are contractually created as security for payment of an indebtedness;

Provided that such rights‐
(i) have been constituted in accordance with the law of the Contracting State in which the aircraft was registered as to nationality at the time of their constitution, and
(ii) are regularly recorded in a public record of the Contracting State in which the aircraft is registered as to nationality. The regularity of successive recordings in different Contracting States shall be determined in accordance with the law of the state where the aircraft was registered as to nationality at the time of each recording.

2. Nothing in this Convention shall prevent the recognition of any rights in aircraft under the law of any Contracting State; but Contracting States shall not admit or recognise any right as taking priority over the rights mentioned in paragraph 1 of this Article.

ARTICLE II
1. All recordings relating to a given aircraft must appear in the same record.

2. Except as otherwise provided in this Convention, the effects of the recording of any right mentioned in Article 1, paragraph 1, with regard to third parties shall be determined according to the law of the Contracting State where it is recorded.

3. A Contracting State may prohibit the recording of any right which cannot validly be constituted according to its national law.

ARTICLE III
1. The address of the authority responsible for maintaining the record must be shown on every aircraft's certificate of registration as to nationality.

2. Any person shall be entitled to receive from the authority duly certified copies or extracts of the particulars recorded. Such copies or extracts shall constitute prime facie evidence of the contents of the record.

3. If the law of a Contracting State provides that the filing of a document for recording shall have the same effect as the recording, it shall have the same effect for the purposes of this Convention. In that case, adequate provision shall be made to ensure that such document is open to the public.

4. Reasonable charges may be made for services performed by the authority maintaining the record.

ARTICLE IV
1. In the event that any claims in respect of compensation due for salvage of the aircraft, or extraordinary expenses indispensable for the preservation of the aircraft, give rise, under the law of the Contracting State where the operations of salvage or preservation were terminated, to a right conferring a charge against the aircraft, such right shall be recognised by Contracting States and shall take priority over all other rights in the aircraft.

2. The rights enumerated in paragraph 1 shall be satisfied in the inverse order of the dates of the incidents in connection with which they have arisen.

3. Any of the said rights may, within three months from the date of the termination of the salvage or preservation operations, be noted on the record.

4. The said rights shall not be recognised in other Contracting States after expiration of the three months mentioned in paragraph 3 unless, within this period,
(a) the right has been noted on the record in conformity with paragraph 3, and

5. This Article shall apply notwithstanding the provisions of Article 1, paragraph 2.

ARTICLE V
The priority of a right mentioned in Article 1, paragraph 1(d) extends to all sums thereby secured. However, the amount of interest included shall not exceed that accrued during the three years prior to the execution proceedings together with that accrued during the execution proceedings.

ARTICLE VI
In case of attachment or sale of an aircraft in execution, or of any right therein, the Contracting States shall not be obliged to recognise, as against the attaching or executing creditor or against purchaser, any right mentioned in Article 1, or the transfer of any such right, if constituted or effected with knowledge of the sale or execution proceedings by the person against whom the proceedings are directed.

ARTICLE VII
1. The proceedings of a sale of an aircraft in execution shall be determined by the law of the Contracting State where the sale takes place.

2. The following provisions shall however be observed‐
(a) The date and place of the sale shall be fixed at least six weeks in advance
(b) The executing creditor shall supply to the Court or other competent authority a certified extract of the recordings concerning the aircraft. He shall give public notice of sale at the place where the aircraft is registered as to nationality in accordance with the law there applicable, at least one month before the day fixed and shall concurrently notify by registered letter, if possible by air mail, the recorded owner and the holders of recorded rights in the aircraft and of rights noted on record under Article IV, paragraph 3, according to their addresses as shown an record.

3. The consequences of failure to observe the requirements of paragraph 2 shall be as provided by the law of the Contracting State where the sale takes place. However any sale taking place in contravention of the requirements of that paragraph may be annulled upon demand made within six months from the date of the sale by any person suffering damage as the result of such contravention.

4. No sale in execution can be effected unless all rights having priority over to claim of the executing creditor in accordance with this Convention which are established before the competent authority are covered by the proceeds of sale or assumed by the purchaser.

5. When injury or damage is caused to persons or property on the surface of the Contracting State where the execution sale takes place, by any aircraft subject to any right referred to in Article 1, held as security for an indebtedness, unless adequate and effective insurance by a State or an insurance undertaking in any State has been provided by or on behalf of the operator to cover such injury or damage, the national law of such Contracting State may provide in case of the seizure of such aircraft or any other aircraft owned by the same person and encumbered with any similar right held by the same creditor

6. Costs legally chargeable under the law of the Contracting State where the sale takes place, which are incurred in the common interest of creditors in the course of execution proceedings leading to sale, shall be paid out of the proceeds of sale before any claims, including those given preference by Article IV.

ARTICLE VIII
Sale of an aircraft in execution in conformity with the provisions of Article VII shall effect the transfer of the property in such aircraft free from all rights which are not assumed by the purchaser.

ARTICLE IX
Except in a case of a sale in execution in conformity with the provisions of Article VII, no transfer of an aircraft from the nationality register or the record of a Contracting State to that of another Contracting State shall be made unless, all holders of record rights have been satisfied or consent to the transfer.

ARTICLE X
1. If a recorded right in an aircraft of the nature specified in Article 1, and held as security for the payment of an indebtedness, extends, in conformity with the law of the Contracting State where the aircraft is registered, to spare parts stored in a specified place or places, such right shall be recognized by all Contracting States as long as the spare parts remain in the place or places specified provided that an appropriate public notice, specifying the description of the right, the name and address of the holder of this right and the record in which such right is recorded, is exhibited at the place where the spare parts are located, so as to give due notification to third parties that such spare parts are encumbered.

2. A statement indicating the character and the approximate number of such spare parts shall be annexed to or included in the recorded document. Such parts may be replaced by similar parts without affecting the right of the creditor.

3. The provisions of Article VII, paragraphs 1 and 4, and of Article VIII shall apply to the sale of spare parts in execution. However, where the executing creditor is an unsecured creditor, paragraph 4 of Article VII in its application to such a sale shall be construed so as to permit the sale to take place if a bid is received in an amount not less than two‐thirds of the value of the spare parts as determined by experts appointed by the authority responsible for the sale. Further in the distribution of the proceeds of sale, the competent authority may, in order to provide for the claim of the executing creditor, limit the amount payable to holders of prior rights to two thirds of such proceeds of sale after payment of the costs referred to in Article VII, paragraph 6.

4. For the purpose of this Article, the term "spare parts" means part of aircraft, engines, propellers, radio apparatus, instruments, appliances, furnishings, parts of any of the foregoing, and generally any other articles of whatever description maintained for installation in aircraft in substitution for parts or articles removed.

ARTICLE XI
1. The provisions of this Convention shall in each Contracting State apply to all aircraft registered as to nationality in another Contracting State.

2. Each contracting State shall also apply to aircraft registered as to nationality ‐
(a) the provisions of Articles II, III, IX and;
(b) the provisions of Article IV, unless the salvage or preservation operation have been terminated within its own territory.

ARTICLE XII
Nothing in this Convention shall prejudice the right of any Contracting State to enforce against an aircraft its national laws relating to immigration, customs or air navigation.

ARTICLE XIII
This convention shall not apply to aircraft used in military, customs or police services.

ARTICLE XIV
For the purpose of this Convention the competent judicial and administrative authorities of the contracting States may, subject to any contrary provision in the national law, correspond directly with each other.

ARTICLE XV
The contracting States shall take such measures as are necessary for the fulfilment of the provisions of this convention and shall forthwith inform the Secretary General of the International Civil Aviation Organization of these measures.

ARTICLE XVI
For the purpose of this Convention the term "aircraft" shall include the airframe, engines, propellers, radio apparatus and all other articles intended for use in the aircraft whether installed therein or temporarily separated therefrom.

ARTICLE XVII
If a separate register of aircraft for purposes or nationality is maintained in any territory for whose foreign relations a Contracting State is responsible, references in this Convention to the law of the contracting State shall be constituted as reference to the law of that territory.

ARTICLE XVIII
This Convention shall remain open for signature until it comes into force in accordance with the provisions of Article XX.

ARTICLE XIX
This Convention shall be subject to ratification by the signatory States.
The instruments of ratification shall be deposited in the archives of the International Civil Aviation Organization, which shall give notice of the date of deposit to each of the signatory and adhering States.

ARTICLE XX

1. As soon as two of the signatory States have deposited their instruments of ratification of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the second instrument of ratification. It shall come into force, for each State which deposits its instrument of ratification after that date, on the ninetieth day after the deposit of its instrument of ratification.

2. The International Civil Aviation Organization shall give notice to each signatory State of the date on which this Convention comes into force.

3. As soon as this Convention comes into force, it shall be registered with the United Nations by the Secretary General of the International Civil Aviation Organization.

ARTICLE XXI
1. This Convention shall, after it has come into force, be open for adherence by non‐signatory States.

2. Adherence shall be effected by the deposit of an instrument of adherence in the archives of the International Civil Aviation Organization, which shall give notice of the date of the deposit to each signatory and adhering State.

3. Adherence shall take effect as from the ninetieth day after the date of the deposit of the instrument of adherence in the archives of the International Civil Aviation Organization.

ARTICLE XXII
1. Any Contracting State may denounce this Convention by notification of denunciation to the International Civil Aviation Organization, which shall give notice of the receipt of such notification to each signatory and adhering State.

2. Denunciation shall take effect six months after the date of receipt by the International Civil Aviation Organization of the notification of denunciation.

ARTICLE XXIII
1. Any State may at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Convention does not apply to any one or more of the territories for the foreign relations of which such State is responsible.

2. The International Civil Aviation Organization shall give notice of any such declaration to each signatory and adhering State.

3. With the exception of territories in respect of which a declaration has been made in accordance with paragraph I of this Article, this Convention shall apply to all territories for the foreign relations of which a Contracting State is responsible.

4. Any State may adhere to this Convention separately on behalf of all or any of the territories regarding which it has made a declaration in accordance with paragraph 1 of this Article and the provisions of paragraphs 2 and 3 of Article XXI shall apply to such adherence.

5. Any Contracting State may denounce this Convention, in accordance with the provisions of Article XXII, separately for all or any of the territories for the foreign relations of which such State is responsible.

IN WITNESS WHEREOF the undersigned plenipotentiaries having been duly authorized, have signed this Convention.

DONE at Geneva, on the nineteenth day of the month of June of the year one thousand nine hundred and forty‐eight in the English, French and Spanish languages, each text being of equal authenticity.

This Convention shall be deposited in the archives of the International Civil Aviation Organization where, in accordance with Article XVIII, it shall remain open for signature.
________________________

FIFTH SCHEDULE - [Section 73 (2)]

A ‐ Convention on International Interests in Mobile Equipment

THE STATES PARTIES TO THIS CONVENTION.

AWARE of the need to acquire and use mobile equipment of high value or particular economic significance and to facilitate the financing of the acquisition and use of such equipment in an efficient manner;

RECOGNISING the advantage of asset‐ based financing and leasing for this purpose and desiring to facilitate these types of transaction by establishing clear rules to govern them;

MINDFUL of the need to ensure that interest in such equipment are recognised and protected universally;

DESIRING to provide broad and mutual economic benefits for all interested parties;

BELIEVING that such rules must reflect the principles underlying asset‐based financing and leasing and promote the autonomy of the parties necessary in these transactions;

CONSCIOUS of the need to establish a legal framework for international interests in such equipment and for that purpose to create an international registration system for their protection;

TAKING INTO CONSIDERATION the objective and Principles enunciated in existing Conventions relating to such equipment,

HAVE AGREED upon the following provisions:

CHAPTER 1 - Sphere of Application and General Provisions

ARTICLE 1 - Definitions
In this Convention, except where the context otherwise requires, the following items are employed with the meaning set out below:
(a) "agreement" means a security agreement, a title agreement or a leasing agreement;

ARTICLE 2 - The International Interest
1. This Convention provides for the constitution and effects of an international interest in certain categories of mobile equipment and associated rights.

2. For the purposed of this Convention, an international interest in mobile equipment is an interest, constituted under Article 7, in a uniquely identifiable object of a category of such objects listed in paragraph 3 and designated in the protocol ‐
(a) granted by the chargor under a security agreement;
(b) vested in a person who is the conditional seller under a title reservation agreement; or
(c) vested in a person who is the lessor under a leasing agreement.
An interest falling within subparagraph (a) does not also fall within the sub paragraph (b) or (c).

3. The categories referred to in the preceding paragraphs are ‐
(a) airframes, aircraft engines and helicopters;
(b) railway rolling stock; and
(c) space assets.

4. The applicable law determines whether an interest to which paragraph 2 applies falls within subparagraphs (a), (b) or (c) of that paragraph.

5. An international interest in an object extends to proceeds of that object.

ARTICLE 3 - Sphere of Application
1. This Convention applies when, at the time of the conclusion of the agreement creating or providing for the international interest, the debtor is situated in a Contracting State.

2. The fact that the creditor is situated in a non‐Contracting State does not affect the applicability of this Convention.

ARTICLE 4 - Where Debtor is Situated
1. For the purpose of Article 3 (1), the debtor is situated in any Contracting State‐
(a) under the law of which it is incorporated or formed;
(b) where it has its registered office or statutory seat;
(c) where it has its centre of administration; or
(d) where it has its place of business.

2. A reference in subparagraph (d) of the preceding paragraph to the debtor's place of business shall, if it has more than one place of business, mean its principal place of business or, if it has no place of
business, its habitual residence.
ARTICLE 5 - Interpretation and Applicable Law
1. In the interpretation of this Convention, regard is to be had to its purposes as set forth in the preamble, to its international character and to the need to promote uniformity and predictability in its application.

2. Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based, or, in the absence of such principles, in conformity with the applicable law.

3. References to the applicable law are to the domestic rules of the law applicable by virtue of the rules of private international law of the forum State.

4. Where State comprises several territorial units, each of which has its own rules of law in respect of the matter to be decided, and where there is no indication of the relevant territorial unit, the law of that State decides which is the territorial unit whose rules shall govern in the absence of any such rule, the law of the territorial unit with which the case is most closely connected shall apply.

ARTICLE 6 - Relationship between the Convention and the Protocol
1. This Convention and the Protocol shall be read and interpreted together as a single instrument.

2. To the extent of any inconsistency between this Convention and the Protocol, the Protocol shall prevail.

CHAPTER II - Constitution of an International Interest

ARTICLE 7 - Formal Requirements
An interest is constituted as an international interest under this Convention where the agreement creating or providing for the interestis in writing; relates to an object of which the chargor, conditional seller or lessor has power to dispose; enables the object to be identified in conformity with the Protocol; and in the case of a security agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum sum secured.

CHAPTER III - Default Remedies

ARTICLE 8 - Remedies of Chargee
1. In the event of default as provided in Article 11, the chargee may, to the extent that the chargee or has at any time so agreed and subject to any declaration that may be made by a Contracting State under Article 54, exercise any one or more of the following remedies ‐

2. The chargee may alternatively apply for a court order authorizing or directing any of the acts referred to in the preceding paragraph.

3. Any remedy set out in subparagraphs (a), (b) or (c) of paragraph 1 or by Article 13 shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the security agreement except where such a provision is manifestly unreasonable.

4. A chargee proposing to sell or grant a lease of an object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to interested persons specified in Article 1 (m) (i) and (ii); and interested persons specified in article 1 (m) (iii) who have given notice of their rights to the charge within a reasonable time prior to the sale or lease.

5. Any sum collected or received by the chargee as a result of exercise of any of the remedies set out in paragraph 1 or 2 shall be applied towards discharge of the amount of the secured obligations.
6. Where the sums collected or received by the chargee as a result of the exercise of any remedy set out in paragraph 1 or 2 exceed the amount secured by the security interest and any reasonable costs incurred in the exercise of any such remedy, then unless otherwise ordered by the court the charge shall distribute the surplus among holders of subsequently ranking interests which have been registered or of which the chargee has been given notice, in order of priority, and pay any remaining balance to the chargor.

ARTICLE 9 - Vesting of Object in Satisfaction Redemption
1. At any time after default as provided in Article 11, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.
2. The court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.

3. The court shall grant any application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurate with the value of the object after taking account of any payment to be made by the chargee to any of the interested persons.

4. At any time after default as provided in Article II and before sale of the charged object or the making of an order under paragraph 2. the charger or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee under Article 8 (1) (b) or ordered under Article 8 (2). Where after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of chargee.

5. Ownership or any other interest of the chargor passing on a sale under Article 8 (1) (b) or passing under paragraph 1 or 2 of this Article is free from any other interest over which the charge's security interest has priority under the provisions of Article 29.

ARTICLE 10 - Remedies of Conditional Seller or Lessor
In the event of default under a title reservation agreement or under a leasing agreement as provided in Article 11, the conditional seller or the lessor, as the case may be, may ‐
(a) subject to any declaration that may be made by a Contracting State under Article 54, terminate the agreement and take possession or Control of any object to which the agreement relates; or

ARTICLE 11 - Meaning of Default
1. The debtor and the creditor may at any time agree in writing as to the events that constitute a default or otherwise give rise to the rights and remedies specified in Articles 8 to 10 and 13.

2. Where the debtor and the creditor have not so agreed, "default" for the purpose of Articles 8 to 10 and 13 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement.

ARTICLE 12 - Additional Remedies

Any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that they are not inconsistent with the mandatory provisions of this Chapter as set out in Article 15.

ARTICLE 13 - Relief Pending Final Determination
1. Subject to any declaration that it may make under Article 55, a Contracting State shall ensure that a creditor who adduces evidence of default by the debtor may, pending final determination of its claim and to the extent that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests:
(a) preservation of the object and its value;
(b) possession, control or custody of the objects;
(c) Immobilization of the object; and
(d) lease, or except where covered by sub‐paragraphs (a) to (c), management of the object and the income therefrom.

2. In making any order under the preceding paragraph, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor ‐
(a) in implementing any order granting such relief, fails to perform any of its obligation to the debtor under this Convention or the protocol; or
(b) fails to establish its claim, wholly or in part, on the final determination of that claim.

3. Before making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons.

4. Nothing in this Article affects the application of Article 8 (3) or limits the availability of forms of interim relief other than those set out in paragraph 1.

ARTICLE 14 - Procedural Requirement
Subject to Article 54 (2), any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised.

ARTICLE 15 - Derogation
In their relations with each other, any two or more of the parties referred to in this Chapter may at any time, by agreement in writing, derogate from or vary the effect of any of the preceding provisions of this Chapter except Articles 8 (3) to (6), 9 (3) and (4), 13 (2) and 14.

CHAPTER IV - The International Registration System

ARTICLE 16 - The International Registry
1. An International Registry shall be established for registration of
(a) international interest, prospective international interests and registrable non‐consensual right and interests;
(b) assignment and prospective assignments of international interest;
(c) acquisition of international interests by legal or contractual subrogations under the applicable law;
(d) notice of national interests; and
(e) subordinations of interests referred to in any of the proceeding sub‐paragraphs.

2. Different international registries may be established for different categories of object and associated rights.

3. For the purpose of this Chapter and Chapter V, the term "registration" includes where appropriate, an amendment, extension or discharge of a registration

ARTICLE 17 - The Supervisory Authority and the Registrar
1. There shall be a Supervisory Authority as provided by the Protocol.

2. The Supervisory Authority shall‐
(a) establish or provide for the establishment of the International Registry;

3. The Supervisory Authority may enter into any agreement requisite for the performance of its functions, including any agreement referred to in Article 27 (3).

4. The Supervisory Authority shall own all proprietary rights in the databases and archives of the International Registry.

5. The Registrar shall ensure the efficient operation of the International Registry and perform the functions assigned to it by this Convention, the protocol and the regulations.

CHAPTER V - Other Matters Relating To Registration

ARTICLE 18 - Registration Requirements
1. The Protocol and regulations shall specify the requirements, including the criteria for the identification of the object‐
(a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 20);

2. The Registrar shall not be under a duty to enquire whether a consent to registration under Article 20 has in fact been given or is valid.

3. Where an interest registered as a prospective international interest becomes an international interest, no further registration shall be required provided that the registration information is sufficient for registration of an international interest.

4. The Registrar shall arrange for registrations to be entered into the International Registry data base and made searchable in chronological order of receipt, and the file shall record the date and time of receipt.

5. The Protocol may provide that a Contracting State may designate an entity or entities in its territory as the entry point or entry points through which the information required for registration shall or may be transmitted to the International Registry. A Contracting State making such a designation may specify requirements, if any, to be satisfied before such information is transmitted to the International Registry.

ARTICLE 19 - Validity and Time of Registration
1. A registration shall be valid only if made in conformity with Article 20.

2. A registration, if valid, shall be completed upon entry of the required information into the International Registry database so as to be searchable.

3. A registration shall be searchable for the purpose of the preceding paragraph at the time when the International Registry has assigned to it a sequentially ordered the number; and the registration information, including the number, is stored in durable form and may be accessed at the International Registry.

4. If an interest first registered as a prospective international interest becomes an international interest, that international interest shall be treated as registered from the time of registration of the prospective international interest provided that the registration was still current immediately before the international interest was constituted as provided by Article 7.

5. The preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest.

6. A registration shall be searchable in the International Registry data base according to the criteria prescribed by the Protocol.

ARTICLE 20 - Consent to Registration
1. An international interest, a prospective international interest or an assignment or prospective assignment of an international interest maybe registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other.

2. The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated.

3. A registration may be discharged by or with the consent in writing of the party in whose favour it was made.

4. The acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee.

5. A registrable non‐consensual right or interest may be registered by the holder thereof.

6. A notice of a national interest may be registered by the holder thereof.

ARTICLE 21 - Duration of Registration
Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration.

ARTICLE 22 - Searches
1. Any person may, in the manner prescribed by the Protocol and regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein.

2. Upon receipt of a request therefore, the Registrar, in the manner prescribed by the Protocol and regulations, shall issue a registry search certificate by electronic means with respect to any object ‐
(a) stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or
(b) stating that there is no information in the International Registry relating thereto.

3. A search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest in the object but shall not indicate whether what is registered is an international interest or a prospective international interest, even if this is ascertainable from the relevant registration information.

ARTICLE 23 - List of Declarations and Declared Non‐consensual Rights or Interests
The Registrar shall maintain a list of declarations, withdrawals of declaration, and of the categories of non‐consensual right or interest communicated to the Registrar by the Depository as having been declared by Contracting States in conformity with Article 39 and 40 and the date of each such
declaration or withdrawal of declaration. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in the Protocol and regulations to any person requesting it.

ARTICLE 24 - Evidentiary Value or Certificates
A document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof that
it has been so issued; and of the facts recited in it, including the date and time of registration.

ARTICLE 25 - Discharge of Registration
1. Where the obligations secured by a registered security interest or the obligations giving rise to a registered non‐consensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.

2. Where a prospective international interest or a prospective assignment of an international interest has been registered, the intending assignee shall, without undue delay, procure the discharge of the registration after written demand by the intending debtor or assignor which is delivered to or received at its address stated in the registration before the intending creditor or assignee has given value or incurred a commitment to give value.

3. Where the obligations secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.

4. Where a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor delivered to or received at its address stated in the registration.

ARTICLE 26 - Access to the International Registration Facilities
No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter.

CHAPTER VI - Privileges and Immunities of the Supervisory Authority and the Registrar

ARTICLE 27 - Legal Personality; Immunity
1. The Supervisory Authority shall have international legal personality where not already possessing such personality.

2. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal or administrative process as is specified in the Protocol.

3. (a) The supervisory Authority shall enjoy exemption from taxes and such other privileges as may be provided by agreements with the host State.
(b) For the purpose of this paragraph, "host state" means the State in which the Supervisory Authority is situated.

4. The assets, documents, databases and archives of the International Registry shall be inviolable and immune from seizure or other legal or administrative process.

5. For the purposes of any claim against the Registrar under Article 28 (1) or Article 44, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim.

6. The Supervisory Authority may waive the inviolability and immunity conferred by paragraph 4.

CHAPTER VII - Liability of the Registrar

ARTICLE 28 - Liability and Financial Assurance
1. The Registrar shall be liable for compensatory damages for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of an inevitable and irresistible nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operation, including those related to back‐up and systems security and networking.

2. The Registrar shall not be liable under the preceding paragraph for factual in accuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstances for which the registrar and its officers and employees are not responsible and arising prior to receipt of registration information at the International Registry.

3. Compensation under paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to that damage.

4. The Registrar shall procure insurance or a financial guarantee covering the liability referred to in this Article to the extent determined by the Supervisory Authority, in accordance with the Protocol.

CHAPTER VIII - Effects of an International Interest as Against Third Parties

ARTICLE 29 - Priority of Competing Interests
1. A registered interest has priority over interest subsequently registered and over; an unregistered interest.

2. The priority of the first‐mentioned interest under the preceding paragraph applies

3. The buyer of an object acquires its interest in it
(a) subject to an interest registered at the time of its acquisition of that interest; and
(b) free from an unregistered interest even if it has actual knowledge of such an interest.

4. The conditional buyer or lessee acquires its interest in or right over that object
(a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and

5. The priority of competing interests or rights under this Article may be varied by agreement between the holders of those interests, but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.

6. Any priority given by this Article to an interest in an object extends to proceeds.

7. This Convention‐
(a) does not affect the rights of a person in an item, other than an object, held prior to its installation on an object if under the applicable law those rights continue to exist after the installation:; and
(b) does not prevent the creation of rights in an item, other than an object, which has previously been installed on an object where under the applicable law those rights are created.

ARTICLE 30 - Effects of Insolvency
1. In insolvency proceedings against the debtor an international interest is effective if prior to the commencement of the insolvency proceedings that interest was registered in conformity with this Convention.

2. Nothing in this Article impairs the effectiveness of an international interest in the insolvency proceedings where that interest is effective under the applicable law.

3. Nothing in this Article affects‐
(a) any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors; or
(b) any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator.

CHAPTER IX - Assignments of Associated Rights and International Interests; Rights of Subrogation

ARTICLE 31 - Effects of Assignment
1. Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 32 also transfers to the assignee the related international interest; and all the interests and priorities of the assignor under this Convention.

2. Nothing in this Convention prevents a partial assignment of the assignor's associated rights. In the case of such a partial assignment the assignor and assignee may agree as to their respective rights concerning the related international interest assigned under the preceding paragraph but not so as adversely to affect the debtor without its consent.

3. Subject to paragraph 4, the applicable law shall determine the defences and rights of set‐off available to the debtor against the assignee.

4. The debtor may at any time by agreement in writing waive all or any of the defences and rights of setoff referred to in the preceding paragraph other than defences arising from fraudulent acts on the part of the assignee.

5. In the case of an assignment by way of security, the assigned associated rights revest in the assignor, to the extent that they are still subsisting, when the obligations secured by the assignment have been discharged.

ARTICLE 32 - Formal Requirements for Assignment
1. An assignment of associated rights transfers the related international interest only if it
(a) is in writing;
(b) enables the associated rights to be identified under the contract from which they arise; and
(c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with the Protocol but without the need to state a sum or maximum sum secured.

2. An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights also are assigned.

3. This Convention does not apply to an assignment of associated rights which is not effective to transfer the related international interest.

ARTICLE 33 - Debtor's Duty to Assignee
1. To the extent that associated rights and the related international interest have been transferred in accordance with Articles 31 and 32, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if‐
(a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and

2. Irrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph.

3. Nothing in this Article shall affect the priority of competing assignments.

ARTICLE 34 - Default Remedies in respect of Assignment by Way of Security
In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 8, 9 and 11 to 14 apply in the relations between the assignor and the assignee (and in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references‐
(a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment;

ARTICLE 35 - Priority of Competing Assignments
1. Where there are competing assignments of associated rights and at least one of the assignment includes the related international interest and is registered, the provisions of Article 29 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment.

2. Article 30 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest.

ARTICLE 36 - Assignee's Priority with respect to Associated Rights
1. The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 35 (1) over another assignee of the associated rights‐
(a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and
(b) to the extent that the associated rights are related to an object.

2. For the purpose of subparagraph (b) of the preceding paragraph, associated rights are related to an object only to the extent that they consist of rights to payment or performance that relate to:

3. In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law.

ARTICLE 37 - Effects of Assignors Insolvency
The provisions of Article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.

ARTICLE 38 - Subrogation
1. Subject to paragraph 2, nothing in this Convention affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law.

2. The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.

CHAPTER X - Rights or Interests Subject to Declarations by Contracting States

ARTICLE 39 - Rights having Priority without Registration
1. A Contracting State may at any time, in a declaration deposited with the Depository of the Protocol declare, generally or specifically‐

2. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration.

3. A non‐consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest.

4. Notwithstanding the preceding paragraph, a contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under subparagraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession.

ARTICLE 40 - Registrable Non‐consensual Rights or Interests
A Contractual State may at any time in a declaration deposit with the Depository of the Protocol list the categories of non‐consensual right or interest which shall be registrable under this Convention as regards any category of object as if the right or interest were an international interest and shall be registered accordingly. Such a declaration may be modified from time to time.

CHAPTER XI

Application of the Convention to Sales

ARTICLE 41 - Sale and Prospective Sale
This Convention shall apply to the sale or prospective sale of an object as provided for in the Protocol with any modifications therein.

CHAPTER XII - Jurisdiction

ARTICLE 42 - Choice of Forum
1. Subject to Articles 43 and 44, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties.

2. Any such agreement shall be in writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum.

ARTICLE 43 - Jurisdiction under Article 13
1. The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under Article 13 (1) (a), (b), (c) and Article 13 (4) in respect of that object.

2. Jurisdiction to grant relief under Article 13(1)(d) or other interim relief by virtue of Article 13 (4) may be exercised either by the courts chosen by the parties; or bby the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State.

3. A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 13 (1) will or may take place in a court of another Contracting State or by arbitration.

ARTICLE 44 - Jurisdiction to make Orders against the Registrar
1. The courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award damages or make orders against the Registrar.

2. Where a person fails to respond to a demand made under Article 25 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration.

3. Where a person fails to comply with an order of a court having jurisdiction under this Convention or, in the case of a national interest, an order of a court of competent jurisdiction requiring that person to procure the amendment or discharge of a registration, the courts referred to in paragraph I may direct the Registrar to take such steps as will give effect to that order.

4. Except as otherwise provided by the preceding paragraphs, no court may make orders or give judgments or ruling against or purporting to bind the Registrar.

ARTICLE 45 - Jurisdiction in respect of Insolvency Proceedings
The provisions of this Chapter are not applicable to insolvency proceedings.

CHAPTER XIII - Relationship with other Conventions

ARTICLE 45 - Relationship with the United Nations Convention on the Assignment of Receivables in International Trade
This Convention shall prevail over the United Nations Convention on the Assignment of Receivables in International Trade, opened for signature in New York on 12 December 2001, as it relates to the assignment of receivables which are associated rights related to international interests in aircraft object, railway rolling stock and space assets.

ARTICLE 46 - Relationship with the UNIDROIT Convention on International Finance Leasing
The Protocol may determine the relationship between this Convention and the UNIDROIT Convention on International Finance Leasing, signed at Ottawa on 28 May 1988.

CHAPTER XIV - Final Provisions
ARTICLE 47 - Signature, Ratification, Acceptance, Approval or Accession
1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, the Convention shall be open to all States for signal the Headquarters of International Institute for the Unification of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article 49.
2. This Convention shall be subject to ratification, acceptance or approval by States which have signed it.
3. Any State which does not sign this Convention may accede to it at any time.
4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depository.

ARTICLE 48 - A Regional Economic Integration Organizations
1. A Regional Economic Integration Organization which is constituted by soviet States and has competence over certain matters governed by this Convention similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organization shall in that case have the rights and obligations of a Contracting State, to the extent that the Organization has competence over matters governed by this Convention. Where the number of Contracting States is relevant in this Convent the Regional Economic Integration Organization shall not count as a Contracting State in addition to its Member States which are Contracting States.

2. The Regional Economic Integration Organization shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depository specifying matters governed by this Convention in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integral Organization shall promptly notify the Depository of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.

3. Any reference to a "Contracting State" or "Contracting States" or "State Party or "States Parties" in this Convention applies equally to a Regional Economic Integrate Organization where the context so requires.

ARTICLE 49 - Entry into Force
1. This Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of the third instrument ratification, acceptance, approval or accession but only as regards a category of object to which a Protocol applies‐
(a) as from the time of entry into force to that Protocol;
(b) subject to the terms of that Protocol; and
(c) as between States Parties to this Convention and that Protocol.

2. For other States this Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of their instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies and subject, in relation to such Protocol, to the requirements of sub‐paragraphs (a), (b) and (c) or the preceding paragraph.

ARTICLE 50 - Internal Transactions
1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that this Convention shall not apply to a transaction which is an internal transaction in relation to that State with regard to all types of objects or some of them.

2. Notwithstanding the preceding paragraph, the provisions of Articles 8 (4), 9 (1), 16, Chapter V, Article 29, and any provisions of this Convention relating to registered interest shall apply to an internal transaction.

3. Where notice of a national interest has been registered in the International Registry, the priority of the holder of that interest under Article 29 shall not be affected by the fact that such interest has become vested in another person by assignment or subrogation under the applicable law.

ARTICLE 51 - Future Protocols
1. The Depository may create working groups, in cooperation with such relevant "non‐governmental organizations as the Depository considers appropriate, to assess the feasibility of extending the application of this Convention, through one or more Protocols, to objects of any category of high‐value mobile equipments, other than a category referred to in Article 2(3), each member of which is uniquely identifiable, and associated rights relating to such objects.
2. The Depository shall communicate the text of any preliminary draft Protocol relating to a category of objects prepared by such a working group to all States Parties to this Convention, all member States of the Depository, member States of the United Nations which are not members of the Depository and the relevant intergovernmental organizations, and shall invite such States and organizations to participate in intergovernmental negotiations for the completion of a draft Protocol on the basis of such a preliminary draft Protocol.

3. The Depository shall also communicate the text of any preliminary draft Protocol prepared by such a working group to such relevant non‐governmental organizations as the Depository considers appropriate. Such non‐governmental organizations shall be invited promptly to submit comments on the text of the preliminary draft Protocol to the Depository and to participate as observers in the preparation of a draft Protocol.

4. Where the competent bodies of the Depository adjudge such a draft Protocol ripe for adoption, the Depository shall convene a diplomatic conference for its adoption.

5. Once such a Protocol has been adopted, subject to paragraph 6, this Convention shall apply to the category of objects covered thereby.

6. Article 45 bis of this convention applies to such a Protocol only if specifically provided for in that Protocol.

ARTICLE 52 - Territorial Units
1. If a Contracting State has territorial units in which different systems of law are applicable in relation to the matters dealt within this Convention, it may, at the time of ratification, acceptance, approval, or accession, declare that this Convention is to extend Wall its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.

2. Any such declaration shall state expressly the territorial units to which this Convention applies.

3. If a Contracting State has not made any declaration under paragraph 1, this Convention shall apply to all territorial units of that State.

4. Where a Contracting State extends this Convention to one of its territorial units, declarations permitted under this Convention may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.

5. If by virtue of a declaration under paragraph 1, this Convention extends to one or more territorial units of a Contracting State‐
(a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which this Convention applies or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which this Convention applies;

ARTICLE 53 - Determination of Courts
A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare the relevant "court" or "courts" for the purposes of Article 1 and Chapter XII of this Convention.

ARTICLE 54 - Declarations Regarding Remedies
1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that while the charged objects is situated within, or controlled from its territory the chargee shall not grant a lease of the objects in that territory.

2. A Contracting State shall, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare whether or not any remedy available to the creditor under any provisions of this Convention which is not there expressed to require application to the court may be exercised only with leave of the court.

ARTICLE 55 - Declaration regarding Relief pending Final Determination
A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will not apply the provisions of Article 13 or Article 43, or both, wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied.

ARTICLE 56 - Reservations and Declaration
1. No reservations may be made to this Convention but declarations authorized by Articles 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60 may be in accordance with these provisions.

2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depository.

ARTICLE 57 - Subsequent Declarations
1. A State Party may make a subsequent declaration, other than a declaration authorized under Article 60, at any time after the date on which this convention has entered into force for it, by notifying the Depository to that effect.

2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depository.

3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.

ARTICLE 58 - Withdrawal of Declarations
1. Any State Party having made a declaration under this Convention, other than a declaration authorized under Article 60, may withdraw it at anytime by notifying the Depository. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository.

2. Notwithstanding the previous paragraph, this Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawal.

ARTICLE 59 - Denunciations
1. Any State Party may denounce this Convention by notification in writing to the Depository.

2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which notification is received by the Depository.

3. Notwithstanding the previous paragraphs, this convention shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.

ARTICLE 60 - Transitional Provisions
1. Unless otherwise declared by a Contracting State at anytime, the Convention does not apply to a preexisting right or interest, which retains the priority it enjoyed under the applicable law before the effective date of this Convention.

2. For the Purpose of Article 1(v) and of determining priority under this Convention‐
(a) "effective date of this Convention" means in relation to a debtor the time when this Convention enters into force or the time when the State in which the doctor is situated becomes a Contracting State whichever is the later; and
(b) the debtor is situated in a State where it has its centre of administration or, if it has no centre of administration, its place of business or, if it has more than one place of business, its principal place of business or if it has no place of business, its habitual residence.

3. A Contracting State may in its declaration under paragraph I specify a date, not earlier than three years after the date on which the declaration becomes effective, when this Convention and the Protocol will become applicable, for the purpose of determining priority, including the protection or any existing priority, to pre‐existing rights or interests arising under an agreement made at a time when the debtor was situated in a State referred to in sub‐paragraph (b) of the preceding paragraph but only to the extent and in the manner specified in its declaration.

ARTICLE 61 - Review Conferences, Amendments and Related Matters
1. The Depository shall prepare reports yearly or at such other time as the circumstances may require for the States Parties as to the manner in which the international regimen established in this Convention has operated in practice. In preparing such reports, the Depository shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.

2. At the request of not less than twenty‐five per cent of the States Parties, Review Conferences of State Parties shall be convened from time to time by the Depository, in consultation with the supervisory Authority, to consider
(a) the practical operation of this Convention and its effectiveness in facilitating the asset‐base financing and leasing of objects covered by its terms;
(b) the judicial interpretation given to, and the application made of the terms of this Convention and regulations;
(c) the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and
(d) whether any modifications to this Convention or the arrangements relating to the International Registry are desirable.

3. Subject to paragraph 4, any amendment to this Convention shall be approved by at least a two‐thirds majority of States Parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect or States which have ratified, accepted or approved such amendment when ratified, accepted or approved by three States in accordance with the provisions of Article 49 relating to its entry into force.

4. Where the proposed amendment to this Convention is intended to apply to more than one category of equipments, such amendment shall also be approved by at least a two‐thirds majority of States Parties to each Protocol that are participating in the Conference referred to in paragraph 2.

ARTICLE 62

Depository and its Functions
1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT), which is hereby designated the Depository.

2. The Depository shall‐
(a) inform all Contracting States of‐
(i) each new signature or deposit of an instrument of ratification acceptance, approval or accession, together with the date thereof;
(ii) the date of entry into force of this Convention;
(iii) each declaration made in accordance with this Convention, together with the date thereof;
(iv) the withdrawal or amendment of any declaration, together with the date thereof; and
(v) the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect;

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.
DONE at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all exists being equally authentic, such authenticity to take effect upon verification by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.
_________________________

B ‐ Protocol to the Convention on International Interest in Mobile Equipment On Matters specific to Aircraft Equipment.

THE STATES PARTIES TO THIS PROTOCOL,CONSIDERING it necessary to implement the Convention of International Interest in Mobile Equipment (hereinafter referred to as "the Convention") as it relates to aircraft equipment, in the light of the purposes set out in the preamble to the Convention;

MINDFUL of the need to adapt the Convention to meet the particular requirement of aircraft finance and to extend the sphere of application of the Convention to include contracts of sale of aircraft equipment;

MINDFUL of the principles and objectives of the Convention on International Civil Aviation, signed at Chicago on 7 December, 1944;

HAVE AGREED upon the following provisions relating to aircraft equipments:

CHAPTER 1 - Sphere of Application and General Provisions
ARTICLE 1 - Defined Terms
1. In this Protocol, except where the context otherwise requires, terms used in it have the meanings set out in the Convention.
2. In this Protocol the following terms are employed with the meanings set out below‐

ARTICLE II - Application of Convention as regards Aircraft Objects
1. The Convention shall apply in relation to aircraft objects as provided by the terms of this Protocol.

2. The Convention and this Protocol shall be known as the Convention on International Interests in Mobile Equipment as applied in aircraft objects.

ARTICLE III - Application of Convention to sales
The following provisions of the Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, the debtor and the creditor were references to a sale, a prospective sale, the seller and the buyer respectively:

Article 3 and 4;
Article 16 (1) (a);
Article 19 (4);
Article 20 (1) (as regards registration of a sale or a prospective sale);
Article 25 (2) (as regards a prospective sale); and
Article 30.

In addition, the general provisions of Article l, Article 5, Chapter IV to VII, Article 29 (other than Article 29 (3) which is replaced by Article XIV (1) and (2), Chapter X, Chapter XII (other than Article 43), Chapter XIII and Chapter XIV (other than Article 60) shall apply to contracts of sale and prospective sales.

ARTICLE IV - Sphere of Application
1. Without prejudice to Article 3 (i) of the Convention, the Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement.

2. For the purposes of the definition of "internal transaction' in Article I of the Convention
(a) an airframe is located in the State of registry of the aircraft of which it is a part;
(b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and
(c) a helicopter is located in its State of registry, at the time of the conclusion of the agreement creating or providing for the interest.

3. The parties may, by agreement in writing, exclude the application of Article XI and, in their relations with each other, derogate from or vary the effect of any of the provisions of this Protocol except Article IX (2)‐(4).

ARTICLE V - Formalities, Effects and Registration of Contracts of Sale
1. For the purposes of this Protocol, a contract of sale is one which is in writing; relates to an aircraft object of which the seller has power to dispose; and enables the aircraft object to be identified in conformity with this Protocol.

2. A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms.

3. Registration of contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until expiry of the period, if any, specified in the registration.

ARTICLE VI - Representative Capacities
A person may enter into an agreement for a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative ‐ capacity. In such case, that person is entitled to assert rights and interests under the Convention.

ARTICLE VII - Description of Aircraft Objects
A description of an aircraft object that contains its manufacturer's serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the object for the purposes of Article 7 (c) of the Convention and Article V (1) (c) of this Protocol.

ARTICLE VIII - Choice of Law
1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).

2. The parties to an agreement, or a contract of sale, or a related guarantee contract or subordination agreement may agree on the law which is to govern their contractual rights and obligation, wholly or in
part.

3. Unless otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties is to the domestic rules of law of the designated State or, where that State comprises several territorial units, to the domestic law of the designated territorial unit.

CHAPTER II - Default Remedies, Priorities and Assignments
ARTICLE IX - Modification of Default Remedies Provisions
1. In addition to the remedies specified in Chapter III of the Convention, the creditor may, to the extent that the debtor has at any time so agreed find in the circumstances specified in that Chapter‐
(a) procure the de‐registration of the aircraft; and
(b) procure the export and physical transfer of the aircraft object from the territory in which it is situated.
2. The creditor shall not exercise the remedies specified in the preceding paragraph without the prior consent in writing of the holder of any registered interest ranking in priority to that of the creditor.

3. Article 8 (3) of the Convention shall not apply to aircraft objects. Any remedy given by the Convention in relation to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonable.

4. A chargee giving ten or more working days' prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing "reasonable prior notice" specified in Article 8 (4) of the Convention. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice.

5. The registry in a contracting state shall, subject to any applicable safety laws and regulations, honour a request for de‐registration and export if‐

6. A chargee proposing to procure the de‐registration and export of an aircraft under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed de‐registration and export to
(a) interested persons specified in Article 1(m) (i) and (ii) of the Convention; and
(b) interested persons specified in Article 1(m) (iii) of the Convention who have given notice of their rights to the chargee within a reasonable time prior to the de‐registration and export.

ARTICLE X - Modification of Provisions regarding Relief pending Final Determination
1. This Article applies only where a Contracting State has made a declaration under Article XXX (2) and to the extent stated in such declaration.

2. For the purposes of Article 13 (1) of the Convention, "speedy" in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made.

3. Article 13 (1) of the Convention applies with the following being added immediately after subparagraph (d)‐ "(e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom", and Article 43 (2) applies with the insertion after the words "Article 13 (i) (d)" of it word "and (e)".

4. Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the creditor's international interest has priority under the provisions of Article 29 of the Convention.

5. The creditor and the debtor or any other interested person may agree in writing to exclude the application of Article 13 (2) of the Convention.

6. With regard to the remedies in Article IX (1)‐

7. Paragraphs 2 and 6 shall not affect any applicable aviation safety laws and regulations.

ARTICLE XI - Remedies on Insolvency
1. This Article applies only where a Contracting State that is the primary insolvency jurisdiction has made a declaration pursuant to Article XXX (3). Alternative A

2. Upon the occurrence of an insolvency‐related event, the insolvency administrator of the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the creditor no later than the earlier of the end of the waiting period; and the date on which the creditor would be entitled to possession of the aircraft object if this Article did not apply.

3. For the purposes of this Article, the "waiting period" shall be the period specified in a declaration of the Contracting State which is the primary insolvency Jurisdiction.

4. References in this Article to the "insolvency administrator" shall be to that person in its official, not in its personal, capacity.

5. Unless and until the creditor is given the opportunity to take possession finder paragraph 2‐
(a) the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and
(b) the creditor shall be entitled to apply for any other forms of interim relief available under the applicable law.

6. Sub‐paragraph (a) of the preceding paragraph shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value.

7. The insolvency administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other than a default constituted by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations.

8. With regards to the remedies in Article IX (1)‐
(a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, not later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with the Convention; and

9. No exercise of remedies permitted by the Convention or this Protocol may be prevented or delayed after the date specified in paragraph 2.

10. No obligations of the debtor under the agreement may be modified without consent of the creditor.

11. Nothing in the preceding paragraph shall be construed to affect the authority, if any, of the insolvency administrator under the applicable: law to terminate the cement.

12. No rights or interests except for non‐consensual rights or interests of a category covered by a declaration pursuant to Article 39 (1), shall have priority in insolvency proceedings over registered interests.

13. The Convention as modified by Article IX of this Protocol shall apply to the exercise of any remedies under this Article.

Alternative B
2. Upon the occurrence of an insolvency‐related event, the insolvency administrator or the debtor, as applicable, upon the request of the creditor, shall give notice to the creditor within the time specified in
a declaration of a Contracting State pursuant to Article XXX (3) whether it will‐

3. The applicable law referred to in sub‐paragraph (b) of the preceding paragraph may permit the court to require the taking of any additional step or the provision of any additional guarantee.

4. The creditor shall provide evidence of its claims and proof that its international interest has been registered.

5. If the insolvency administrator or the debtor, as applicable, does not give notice in conformity with paragraph 2, or when the insolvency administrator or the debtor has declared that it will give the creditor the opportunity to take possession of the aircraft object but fails to do so, the court may permit the creditor to take possession of the aircraft object upon such terms as the court may order and may require the taking of any additional step or the provision of any additional guarantee.

6. The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest.

ARTICLE XII - Insolvency Assistance
1. This article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).

2. The courts of a Contracting State in which an aircraft object is situated shall in accordance with the law of the Contracting State, co‐operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out provisions of Article XI.

ARTICLE XIII - De‐Registration and Export Request Authorization
1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX (1).

2. Where the debtor has issued an irrevocable de‐registration and export request authorization substantially in the form annexed to this Protocol and has submitted such authorization for recordation to the registry authority, that authorization shall be so recorded.

3. The person in whose favour the authorization has been issued (the "authorized party") or its certified designee shall be the sole person entitled to exercise the remedies specified in Article IX (1) and may do so only in accordance with the authorization and applicable aviation safety laws and regulations. Such authorization may not be revoked by the debtor without the consent in writing of the authorized party. The registry authority shall remove an authorization from the registry at the request of the authorized party.

4. The registry authority and other administrative authorities in Contracting States shall expeditiously cooperate with and assist the authorized party in the exercise of the remedies specified in Article IX.

ARTICLE XIV - Modification of Priority Provisions
1. A buyer of an aircraft object under a registered sale acquires its interest in that object free from an interest subsequently registered and from an unregistered interest, even if the buyer has actual knowledge of the unregistered interest.

2. A buyer of an aircraft object acquires its interest in that object subject to an interest registered at the time of its acquisition.

3. Ownership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft.

4. Article 29 (7) of the Convention applies to an item, other than an object, installed on an airframe, aircraft engine or helicopter.

ARTICLE XV - Modification of Assignment Provisions
Article 33 (1) of the Convention applies as if the following were added immediately after sub‐paragraph (b)‐" and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee.".

ARTICLE XVI - Debtor Provisions
1. In the absence of a default within the meaning of Article 11 of the Convention, the debtor shall be entitled to the quiet possession and use of the object in accordance with the agreement as against‐

2. Nothing in the Convention or this Protocol affects the liability of a creditor for any breach of the agreement under the applicable law in so far as that agreement relates to an aircraft object.

CHAPTER III - Registry Provisions relating to International Interests in Aircraft Objects

ARTICLE XVII - The Supervisory Authority and the Registrar
1. The Supervisory Authority shall be the international entity designated by a Resolution adopted by the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol.

2. Where the international entity referred to in the preceding paragraph is not able and willing to act as Supervisory Authority, a Conference of Signatory and Contracting States shall be convened to designate another Supervisory Authority.

3. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise.

4. The Supervisory Authority may establish a commission of experts, from among persons nominated by Signatory and Contracting States and having the necessary, qualifications and experience, and entrust it with the task of assisting the Supervisory Authority in the discharge of its functions.

5. The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of this Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular five‐yearly intervals by the Supervisory Authority.

ARTICLE XVIII - First Regulations
The first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of this Protocol.

ARTICLE XIX - Designated Entry Points
1. Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.

2. A designation made under the preceding paragraph may permit, but not compel, use of a designated entry point or entry points for information required for registrations in respect of aircraft engines.

ARTICLE XX - Additional Modifications to Registry Provisions
1. For the purposes of Article 19 (6) of the Convention, the search criteria for an aircraft object shall be the name of its manufacturer, its manufacturer's serial number and its model designation, supplemented as necessary to ensure uniqueness. Such supplementary information shall be specified in the regulations.

2. For the purposes of Article 25 (2) of the Convention and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an
international interest or the person in whose favour a prospective sale has been registered shall take such steps as are within its power to procure the discharge of the registration no later than five working days after receipt of the demand described in such paragraph.

3. The fees referred to in Article 17 (2) (h) of the Convention shall be determined so as to recover the reasonable costs of establishing, operating and regulating the International Registry and the reasonable costs of the Supervisory Authority associated with the performance of the functions, exercise of the powers, and discharge of the duties contemplated by Article 17 (2) of the Convention.

4. The centralised functions of the International Registry shall be operated and administered by the Registrar on a twenty‐four hours basis. The various entry points shall be operated at least during working hours in their respective territories.

5. The amount of the insurance or financial guarantee referred to in Article 28(4) of the Convention shall, in respect of each event, not be less than the maximum value of an aircraft object as determined by the Supervisory Authority.

6. Nothing in the Convention shall preclude the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liable under Article 28 of the Convention.

CHAPTER IV - Jurisdiction
ARTICLE XXI - Modification of Jurisdiction Provisions
For the purposes of Article 43 of the Convention and subject to Article 42 of the Convention, a court of a Contracting State also has jurisdiction where the object is a helicopter or an airframe pertaining to an aircraft, for which that State is the State of registry.

ARTICLE XXII - Waver of Sovereign Immunity
1. Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of courts specified in Article 42 or Article 43 of the Convention or relating to enforcement of rights and interests relating to an aircraft object under the Convention shall be binding and, if the conditions to such jurisdiction or enforcement have been satisfied shall be effective to confer jurisdiction and permit enforcement, as the case may be.

2. A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object.

CHAPTER V - Relationship with other Conventions
ARTICLE XXIII - Relationship with the Convention on the International Recognition of Rights in Aircraft
The Convention shall, for a Contracting State that is a party to the Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June, 1948 supersede that Convention as it relates to aircraft, as defined in this Protocol, and to aircraft objects. However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded.

ARTICLE XXIV - Relationship with the Convention for the Unification of Certain Rules relating to the Precautionary

Attachment of Aircraft
1. The Convention shall, for a contracting State that is a Party to the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft, signed at Rome on 29 May, 1933 supersede that Convention as it relates to aircraft, as defined in this Protocol.

2. A Contracting State Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to this Protocol, that it will not apply to this Article.

ARTICLE XXV - Relationship with the UNIDROIT Convention on International Financial Leasing

The Convention shall supersede the UNIDROIT Convention on International Financial Leasing, signed at Ottawa on 28 May, 1988 as it relates to aircraft objects.

CHAPTER VI - Final Provisions
ARTICLE XXVI - Signature, Ratification, Acceptance, Approval or Accession
1. This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment and an Aircraft Protocol held at Cape Town from 29 October to 16 November, 2001. After 16 November, 2001, this Protocol shall be open to all States for signature at the Headquarters of the International Institute for the Unification of the Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article XXVIII.

2. This Protocol shall be subject to ratification, acceptance or approval by States which have signed it.

3. Any State which does not sign this Protocol may accede to it at anytime.

4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depository.

5. A State may not become a Party to this Protocol unless it is or becomes also a Party to the Convention.

ARTICLE XXVII - Regional Economic Integration Organizations
1. A Regional Economic Integration Organization which is constituted by sovereign States and has competence over certain matters governed by this Protocol may similarly sign, accept, approve, or accede to this Protocol. The Regional Economic Integration Organization shall in that case have the rights and obligations of Contracting State, to the extent that Organization has competence over matters governed by this Protocol. Where the number of Contracting States is relevant in the Protocol, the Regional Economic Integration Organization shall not count as Contracting State in addition to its Member States which are Contracting States.

2. The Regional Economic Integration Organization shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depository specifying the matters governed by this Protocol in respect of which competence has been transferred to that Organization by its Member States. The Regional Economic Integration Organization shall promptly notify the Depository of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.

3. Any reference to a "Contracting State" or "Contracting States" or "State Party" or "States Parties" in this Protocol applies equally to Regional Economic Integration Organization where the context so requires.

ARTICLE XXVIII - Entry into Force
1. This Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of the eight instruments of ratification, acceptance, approval or accession, between the States which have deposited such instruments.

2. For other States this Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.

ARTICLE XXIX - Territorial Units
1. If a Contracting State has units in which different systems of law are applicable in relation to the matters dealt with in this Protocol, it may, at the time of ratification, acceptance, approval or accession, declare that this Protocol is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.
2. Any such declaration shall state expressly the territorial units to which this Protocol applies.

3. If a Contracting State has not made any declaration under paragraph 1, this Protocol shall apply to all territorial units of that State.

4. Where a Contracting State extends this Protocol to one or more of its territorial units, declarations permitted under this Protocol may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.

5. If by virtue of a declaration under paragraph l, this protocol extends to one or more territorial units of a Contracting State‐

ARTICLE XXX - Declaration relating to Certain Provisions
1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply any one or more of Articles VIII, XII and XIII of this Protocol.

2. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply Article X of this Protocol, wholly or in part. If it so declares with respect to Article X(2), it shall specify the time period required thereby.

3. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply the entirety of Alternative A, or the entirety of Alternative B of Article XI and, if so, shall specify the types of insolvency proceedings, if any, to which it will apply Alternative A and the types of insolvency proceedings, if any, to which it will apply Alternative B. A Contracting State making a declaration pursuant to this paragraph shall specify the time‐period required by Article XI.

4. The courts of Contracting States shall apply Article XI in conformity with the declaration made by the Contracting State which is the primary insolvency jurisdiction.

5. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will not apply the provisions of Article XXI wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms e interim relief will be applied.

ARTICLE XXXI - Declarations under the Convention
Declarations made under the Convention, including those made under Article 39,40,50,53,54,55,57,58, and 60 of the Convention, shall be deemed to have also been made under this Protocol unless stated otherwise.

ARTICLE XXXII - Reservations and Declarations
1. No reservations may be made to this Protocol but declarations authorized by Articles XXIV, XXIX, XXX, XXXI, XXXIII, and XXXIV may be made in accordance with these provisions.

2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Protocol shall be notified in writing to the Depository.

ARTICLE XXXIII - Subsequent Declarations
1. A State Party may make a subsequent declaration, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, at any time after the date on which this Protocol has entered into force for it, by notifying the Depository to that effect.

2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository. Where a longer period for that declaration to take effect is specified on the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depository.

3. Notwithstanding the previous paragraphs, the Protocol shall continue to apply, as if no such subsequent declarations have been made in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.

ARTICLE XXXIV - Withdrawal of Declarations
1. Any State Party having made a declaration under this Protocol, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, may withdraw it at any time by notifying the Depository. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depository.

2. Notwithstanding the previous paragraph, this Protocol shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interest arising prior to the effective date of any such withdrawal.

ARTICLE XXXV - Denunciations
1. Any State Party may denounce this Protocol by notification in writing to the Depository.

2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the Depository.

3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.

ARTICLE XXXVI - Review Conferences, Amendments and Related Matters
1. The Depository, in consultation with the Supervisory Authority, shall prepare reports yearly, or at such time as the circumstances may require, for the States Parties as to the manner in which the international regime established in the Convention as amended by this Protocol has operated in practice. In preparing such reports, the Depository shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.

2. At the request of not less than twenty‐five percent of the States Parties, Review Conferences of the States Parties shall be convened from time to time by the Depository, in consultation with the Supervisory Authority, to consider‐
(a) the practical operation of the Convention as amended by this Protocol and its effectiveness in facilitating the asset‐based financing and leasing of the objects covered by its terms;

ARTICLE XXXVII - Depository and its Functions
1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT), which is hereby designated the Depository.

2. The Depository shall‐
(a) inform all Contracting States of‐
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
(ii) the date of entry into force of this Protocol;
(iii) each declaration made in accordance with this Protocol, together with the date thereof;
(iv) the withdrawal or amendment of any declaration, together with the date thereof; and
(v) the notification of any denunciation of this Protocol together with the date thereof and the date on which it takes effect;

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Protocol.
DONE at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.

ANNEX

FORM OF IRREVOCABLE DE‐REGISTRATION AND EXPORT REQUEST AUTHORISATION
Annex Referred to in Article XIII

(Insert Date)

To: (Insert Name of Registry Authority)
Re: Irrevocable De‐Registration and Export Request Authorization
The undersigned is the registered [operator] (owner)* of the [insert the airframe/ helicopter manufacturer's name and model number] bearing manufacturer's -
[* Select the term that reflect the relevant nationality registration criterion.]
serial number [insert manufacturer's serial number] and registration [number] [mark] [insert registration number/mark] (together with all installed, incorporated or attached accessories, parts and equipment, the "aircraft").

This instrument is an irrevocable de‐registration and export request authorization issued by the undersigned in favour of [insert name of creditor] ("the authorized party") under the authority of Article
XIII of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment.

In accordance with that Article, the undersigned hereby requests‐
(i) recognition that the authorized party or the person it certifies as its designee is the sole person entitled to ‐
(a) procure the deregistration of the aircraft from the [insert name of aircraft register] maintained by the [insert name of registry authority] for the purposes of Chapter III of the Convention on International Civil Aviation, signed at Chicago, on 7 December, 1944; and

Please acknowledge your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument in (insert name of registry authority).

[insert name of operator/owner]
_____________________________________ _____________________________________
agreed to and lodged this by: [insert name of signatory]
[insert date] its: [insert title of signatory]
________________________________________
[insert relevant notational details]
________________________

SIXTH SCHEDULE
[Section 3 (4).]

Supplementary Provisions relating to the Board, etc
1. Subject to this Act and section 27 of the Interpretation Act, Cap 192 LFN 1990, the Board may make standing orders regulating its proceedings or those of any of its committees.

2. At every meeting of the Board, the Chairman shall preside and in his absence the members present at the meeting shall appoint one of their members to preside at the meeting.

3. The quorum at a meeting of the Board shall consist of the Chairman or, in an appropriate case, the person presiding at the meeting pursuant to paragraph 2 of this Schedule, and three other members of the Board, two of whom shall be ex officio members.

4. The Board shall, for the purposes of this Act, meet not less than three times in each year and, subject thereto, the Board shall meet whenever it is summoned by the Chairman, and if required to do so, by notice given to him by not less than four other members, he shall summon a meeting of the Council to be held within 14 days from the date on which the notice is given.
5. Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him to the Board for such period as it deems fit, but a person who is a member by virtue of this subparagraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

Committees
6.(1) Subject to its standing orders, the Board may appoint such number of standing and ad‐hoc Committee as it thinks fit to consider and report any matter with which the authority is concerned.

Miscellaneous
7. The Fixing of the seal of the Authority shall be authenticated by the signature of the Chairman, the Director‐General or any other person generally or specifically authorized by the Board to act for that purpose.

8. Any contract or instrument which, if made by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Authority by the Director‐General or by any other person generally or specially authorized by the Board to act for that purpose.

9. Any document purporting to be a contract, instrument, or other document duly signed or sealed on behalf of the Authority shall be received in evidence an shall, unless the contrary is proved, be presumed without further proof to have been s signed or sealed.

10. The validity of any proceedings of the Board or of any of its committee shall not be affected by;
(a) any vacancy in the membership of the Board, or Committee; or

11. A member of the Board or a Committee who has a personal interest in ant contract or arrangement entered into or proposed to be considered by the Board a such Committee shall forthwith disclose his interest to the Board and shall not vote or any question relating to the contract or arrangement.

12. No member of the Board shall be personally liable for any act or omission done or made in good faith while engaged in the business of the Authority.

CHAPTER C13
CIVIL AVIATION ACT

SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
1. Civil Aviation (Air Transport) (Licensing) Regulations.
2. Civil Aviation (Fees) Regulations.
3. Civil Aviation (Aircraft Performance) Regulations.
4. Civil Aviation (Births, Deaths, and Missing Persons) Regulations.
5. Civil Aviation Rules of the Air and Air Traffic Control.
6. Civil Aviation (Investigation of Accidents) Regulations.
7. Civil Aviation (Air Navigation) Regulations.

CIVIL AVIATION (AIR TRANSPORT) (LICENSING) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I - General
1. Short title.
2. Interpretation.
PART II - Licences for scheduled journeys
3. Application of Part II.
4. Restriction of operation of aircraft without licence.
5. Power of the Minister to grant a licence.
6. Application of First Schedule.
7. Period of licence.
8. Power of the Minister to grant a provisional licence.
9. Publication of the decisions of the Minister.
10. Revocation or suspension of licence.
11. Surrender of licence.

PART III - Permits for flights other than scheduled journeys
12. Application of Part III.
13. Restriction of the operation of aircraft without a permit.
14. Power of the Minister to grant a permit.
15. Application of the Third Schedule.
16. Revocation or suspension of permits.

PART IV - General provisions
17. Conditions of licences or permits.
18. Licence or permit not to be transferred.
19. Publication of applications.
20. Objections.
21. Matters to be considered before the granting of licence or permit.
22. Attachment of conditions.
23. Holder of licence to make returns.
24. No right to continuance of benefits of licence or permit.
25. Fees payable for a licence or permit.
26. Reference to include provisional licence.
27. Offences by officers of the body corporate.

SCHEDULES
FIRST SCHEDULE - Applications for licences
SECOND SCHEDULE - Publication of decisions
THIRD SCHEDULE - ` Applications for permits

CIVIL AVIATION (AIR TRANSPORT) (LICENSING) REGULATIONS
under section 24
[Commencement.] [1st December, 1965]

PART I - General
1. Short title
These Regulations may be cited as the Civil Aviation (Air Transport) (Licensing) Regulations.

2. Interpretation
(1) In these Regulations, unless the context otherwise requires‐
"air service" means any service performed by any aircraft for hire or reward:
Provided that a member of a club carried in an aircraft belonging to the club for the purpose of instruction in flying shall not, if the instructor is also a member of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage;
"licence" means a licence granted under regulation 5 of these Regulations;
"Minister" means the Minister charged with responsibility for matters relating to civil aviation;
"permit" means a permit granted under regulation 14 (1) of these Regulations;
"provisional licence" means a licence granted under regulation 8 of these Regulations;
"provisional permit" means a permit granted under regulation 14 (2) of these Regulations;
"Federal Gazette" means the Official Gazette of the Federal Republic of Nigeria;
"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 operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it.

[Cap. 123.]

PART II - Licences for scheduled journeys
3. Application of Part II
This Part shall not apply to the carriage of passengers, mail or cargo by air for hire or reward upon journeys other than scheduled journeys.

4. Restriction of operation of aircraft without a licence
(1) Subject to the provisions of these Regulations, it shall not be lawful for any person to use any aircraft in Nigeria for the carriage of passengers, mail or cargo for hire or reward upon any scheduled journey between two places of which at least one is in Nigeria, except under and in accordance with the provisions of a licence or a provisional licence.

5. Power of the Minister to grant a licence
(1) The Minister may grant to any person applying therefore a licence to use in Nigeria, for the carriage of passengers, mail or cargo for hire or reward, such aircraft, on such scheduled journeys, subject to such conditions as may be specified respectively in the licence.

6. Application of First Schedule
The provisions set out in the First Schedule to these Regulations shall have effect in relation to applications for licences.

7. Period of licence
The Minister may grant licences to remain in force for such period as he may in each case determine, commencing on the date on which the licence is expressed to take effect:
Provided that if, on the date of the expiration of a licence (herein referred to as the expiring licence), an application to the Minister by the holder of the expiring licence is pending for the grant of a new licence in substitution for or in continuance of the expiring licence, the expiring licence shall continue in force until such application is granted or refused.

8. Power of the Minister to grant a provisional licence
(1) The Minister may if he thinks fit, pending the determination of an application for a licence, or a negotiation for a bilateral agreement, grant to the applicant a provisional licence to use in Nigeria for the carriage of passengers, mail or cargo for hire or reward such aircraft, on such scheduled journeys (being journeys of a kind to which the application relates), subject to such conditions as may be specified respectively in such provisional licence.

9. Publication of decision of the Minister
The Minister shall cause to be published in the manner prescribed in the Second Schedule to these Regulations such particulars of his decisions on applications for licences and of his decisions to revoke or suspend a licence as are prescribed in the said Second Schedule.

10. Revocation or suspension of licence
(1) Subject to the provisions of this regulation, the Minister may revoke or suspend a licence if‐
(a) the holder of the licence has, since the licence was granted, been convicted of an offence against regulation 4 or 13 of these Regulations; 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 against regulation 4 or 13 of these Regulations; or

11. Surrender of licence
A licence may at any time be surrendered by the holder to the Minister for cancellation; and if, during the currency of a licence, the holder applies to the Minister for a new licence in substitution for the current licence, he shall, if a new licence is granted, surrender the current licence for cancellation on the date from which the new licence is expressed to take effect.

PART III - Permits for flights other than scheduled journeys
12. Application of Part III
This Part shall not apply to the carriage of passengers, mail or cargo by air for hire or reward on scheduled journeys.

13. Restriction of the operation of air‐craft without permit
(1) Subject to the provisions of these Regulations, it shall not be lawful for any person to use in Nigeria any aircraft for the provision of any air service except under, and in accordance with the conditions of, a permit or a provisional permit.

14. Power of the Minister to grant a permit
(1) The Minister may grant to any person applying therefore, a permit to use in Nigeria such aircraft for the provision of such air services (other than services such as are referred to in paragraph (1) of regulation 4 of these Regulations), for such period and on such conditions as may be specified respectively in the permit.

15. Application of the Third Schedule
The provisions set out in the Third Schedule to these Regulations shall have effect in relation to an application for permits.

16. Revocation or suspension of permits
(1) The Minister may revoke or suspend any permit if‐
(a) the holder of the permit has, since the permit was granted, been convicted of an offence against regulation 4 or 13 of these Regulations; or
(b) where the holder of the permit is a body corporate, any officer of that body corporate has, since the permit was granted, been convicted, in his capacity as such officer, of an offence against regulation 4 or 13 of these Regulations; or
(c) the holder of the permit has failed to comply with any condition subject to which the permit was granted.

PART IV - General provisions
17. Condition of licences or permits
It shall be a condition of every licence or permit that the requirements of any law or instrument having the force of law, for the time being in force in Nigeria, relating to air navigation or air transport shall be complied with at all times during the currency of the licence or permit in connection with all journeys made under the licence or permit.

18. Licence or permit not to be transferred
A licence or permit shall not be capable of being transferred or assigned:
Provided that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or permit, or of the appointment of a receiver or manager or trustee in relation to the business of the holder of a licence or permit, the person for the time being carrying on that business shall, if within fourteen days of his commencing so to do he makes application to the Minister for a new licence or permit in respect of the services authorised by the existing licence or permit, be entitled to provide the air services authorised by the existing licence or permit subject to the conditions thereof, until the application is determined.

19. Publication of applications
(1) Subject to the provisions of this regulation, the Minister shall cause to be published in the Gazette a notice giving such particulars of any application for a licence or permit received by him as he may consider necessary, and specifying a date, not less than 28 days after the publication of the notice, by which any representations or objections may be made to the Minister, in the manner provided by regulation 20 of these Regulations, with respect to the application by any interested person and the Minister shall not proceed to determine any application until after the date so specified in relation thereto.

20. Objections
(1) Every representation or objection with regard to an application for a licence or a permit shall be in writing and must be signed by the objector, or, if the representation or objection is made by any corporate body it shall be signed by any person duly authorised in that behalf by such body.

21. Matters to be considered before the granting of licence or permit
The Minister shall, in determining any application for a licence or a permit, have regard generally to the desirability of co‐ordinating and developing air services with the object of ensuring the most effective service to the public while avoiding uneconomic overlapping of services and to the interests of the public, including those of persons requiring or likely to require air services as well as those of persons providing such services, and shall in particular have regard to such of the following matters as may be appropriate having regard to the nature of the application‐
(a) the existing or potential need or demand for any air service proposed;

22. Attachment of conditions
The Minister may attach such conditions to any licence or permit as he thinks fit having regard to the nature and circumstances of the applications in respect of which the permit is granted and may vary, suspend or add to any such conditions so attached from time to time by notice in writing to the holder of such licence or permit.

23. Holder of licence to make return
Without prejudice to the generality of regulation 22 of these Regulations, the conditions which may be attached to any licence or permit shall include‐

24. No right to continuance of benefits of licence or permit
Nothing in these Regulations shall confer upon the holder of a licence or permit or upon any other person any right to the continuance of any benefits arising from the provisions of these Regulations or from any licence or permit granted thereunder or from any conditions attached to any such licence or
permit.

25. Fees payable for a licence or permit
(1) Upon the grant of any licence or permit the person to whom the same is granted shall pay to the Minister, on the day on which the licence or permit is expressed to take effect, a fee of twenty naira in respect of each year or part of a year of the period for which the licence or permit is expressed to remain in force.

26. Reference to include provisional licence
Any reference in regulations 17, 22, 23 or 24 of these Regulations to a licence or a permit shall unless the context otherwise requires be construed as including a reference to a provisional licence or a provisional permit, as the case may be.

27. Offences by officers of the body corporate
Where an offence against these Regulations has been committed by a body corporate, every person who, at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the
circumstances.

SCHEDULES
FIRST SCHEDULE
1. Applications for licences shall be made in writing to the Minister and shall be addressed to‐ The Minister, Ministry of Aviation, Abuja.

2. Every application for a licence shall be signed by the person applying for the licence and if made by any corporate body shall be signed by a person duly authorised in that behalf by such body.

3. Every application for a licence shall be sent to the Minister, Ministry of Aviation, so as to reach him on a date not less than eight weeks before the date on which it is desired that the licence shall take effect:

Provided that an application for a licence may, in the discretion of the Minister, be accepted and dealt with notwithstanding that this paragraph has not been complied with.

4. Application for licences shall contain the following initial particulars‐
(a) the name and address of the applicant;
(b) the places between which passengers or goods are to be carried;
(c) the places at which intermediate landings are to be made for the purpose of loading or landing passengers or goods;
(d) the times and frequency of the service;
(e) the number and types of aircraft proposed to be used on the service;
(f) whether the service is to carry passengers, goods or both;
(g) the maximum fares to be charged to passengers in respect of any journey or portion of a journey for which separate fares are charged;
(h) the date on which the service is to commence;
(i) the period for which the licence is desired;
(j) the particulars of any insurance policy held or proposed by the applicant to cover third party risks in respect of the proposed service;
(k) the particulars of other services operated by the applicant at the time of the application or immediately prior to that time;
(l) the particulars of working arrangements with other companies;
(m) the particulars of the applicant's business and an audited copy of the last published accounts.

5. On receipt of the application, the Minister shall be entitled to request the applicant to supply such further information as he may reasonably require; and the applicant shall supply the Minister with any further information so requested by him.

SECOND SCHEDULE
Publication of decisions
1. Particulars of the decisions of the Minister‐
(a) on applications for licences; or

2. The particulars shall be‐
(a) in the case of an application‐

THIRD SCHEDULE
Applications for permits
1. Applications for permits under Part III shall be made in writing or by telegram to the Minister and shall be addressed to‐ The Minister, Ministry of Aviation, Abuja.

2. Applications for permits shall contain the following initial particulars‐
(a) the name of the operator;
(b) the type of aircraft and registration marks;
(c) the date and time of arrival at, and departure from, the airport or airports concerned;
(d) the place or places of embarkation or disembarkation, in the case of passengers and freight;
(e) the purpose of flight and number of passengers and nature and amount of freight, where applicable;
(f) the name, address and business of the charterer, if any.

3. On receipt of the application, the Minister shall be entitled to request the applicant to supply such further information as he may reasonably require, and the applicant shall supply the Minister with any further information so requested by him.

CIVIL AVIATION (FEES) REGULATIONS
ARRANGEMENT OF REGULATIONS
1. Short title.
2. Interpretation.
3. Aircraft landing fee.
4. Helicopter landing fee.
5. Passengers' fees for services.
6. Powers of Minister.
7. Exemption from landing fee.
8. Fees for night landing.
9. Minister's power of exemption.
10. Fees for services rendered on landing.
11. No reduction of fees.
12. Housing and parking fees.
13. Licensing fees.
14. Power to amend fees.

SCHEDULES
FIRST SCHEDULE - Landing fees
SECOND SCHEDULE - Airports
THIRD SCHEDULE - Accommodation fees
FOURTH SCHEDULE - Fees for certificates, licences, etc.

CIVIL AVIATION (FEES) REGULATIONS
under Regulation 78 of the Civil Aviation (Air Navigation) Regulations
[Commencement.] [1st December, 1965]

1. Short title
These Regulations may be cited as the Civil Aviation (Fees) Regulations.

2. Interpretation
(1) In these Regulations‐
" the Air Navigation Regulations" means the Civil Aviation (Air Navigation) Regulations, and expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Regulations;
[L.N. 15 of 1966.]
"aircraft" includes military aircraft;
"all up weight" means the maximum total weight in force in respect of the aircraft, or if no such certificate is in force in the certificate of airworthiness last in force in respect of that aircraft, or in any other case, the maximum total weight authorised of the proto‐type or modification thereof to which the
aircraft in the opinion of the Minister conforms;
"day" means the time between sunrise and sunset, sunrise and sunset being determined at surface level;
"landing" means a landing at a Government airport in Nigeria;
"night landing" means any landing made between sunset and sunrise or any landing made at any other time when operational considerations require the provision of airport lighting;
"private aircraft" means an aircraft with a certificate of airworthiness which has been issued subject to the condition that the aircraft shall be flown only for purposes other than public transport or aerial work;
"standard landing fee" means the landing fee calculated by reference to the all up weight of the aircraft in accordance with the First Schedule to these Regulations.

[Cap. I23.]

3. Aircraft landing fee
Subject to the provisions of these Regulations, the fee payable in respect of any landing by an aircraft shall be the standard landing fee.

4. Helicopter landing fee
The fee payable in respect of a landing by a helicopter shall be one half of the standard landing fee
applicable to it.

5. Passengers' fees for services
Any passenger leaving a Government airport on an international flight shall pay a charge of five naira in respect of services provided at such airport.

6. Powers of Minister
(1) The Minister may‐
(a) on application made by a bona fide flying club in respect of an aircraft belonging to it of an all up weight not exceeding 4,500 lbs. and on payment of a fee of N6;
(b) on application made by the owner of a private aircraft of an all up weight not exceeding 3,000 lbs. and on payment of a fee of N13;

7. Exemption from landing fee
(1) Subject to the provisions of this regulation, no landing fee shall be payable in respect of a landing by an aircraft at an airport (in this paragraph referred to as "the Government airport") at the end of a flight in respect of which all the following conditions were satisfied‐
(a) the flight began and finished at the Government airport with no intermediate landing at any other place;
(b) the flight was undertaken solely for the purpose of testing the aircraft or its engines, instruments, radio or other equipment;
(c) notice was given to the person in charge of the Government airport before the beginning of the flight that the flight was to be a test flight for the purpose of this regulation.

8. Fees for night landing
There shall be payable in respect of a night landing, in addition to any other fee payable under these Regulations in respect of the landing, the following fee‐
(a) in the case of a night landing by a public transport aircraft at any airport specified in the Second Schedule to these Regulations, a fee of N50 or one half of the standard landing fee applicable to the aircraft, whichever may be the less;

9. Minister's power of exemption
The Minister may in his discretion and subject to such conditions or limitations as he thinks fit, exempt from payment of any or all landing fees any of the following classes of aircraft or any aircraft of any such class‐
(a) military aircraft of the Federation of Nigeria;
(b) military aircraft of any other State;
(c) aircraft belonging to or employed in the service of the Government of the Federation of Nigeria, not being military aircraft;
(d) aircraft belonging to or employed in the service of any of the State Governments of Nigeria;
(e) aircraft belonging to or employed in the service of any other state or of any person or body entitled to diplomatic privileges.

10. Fees for services rendered on landing
The landing fees provided for in these Regulations shall in the case of an airport for the time being designated as a customs airport, pursuant regulations 66 of the Air Navigation Regulations, include the use of facilities for the inward and outward clearance by customs, aircraft, passengers and passengers' baggage, and for immigration and health facilities.

11. No reduction of fees
Notwithstanding anything to the contrary contained in these Regulations, no reduction of landing fees shall be made by reason of the unavailability of any airport, air route facility, airway facility, or other facility whatsoever.

12. Housing and parking fees
(1) There shall be payable in respect of the accommodation of an aircraft at a Government airport, a fee determined in accordance with the Third Schedule to these Regulations by reference to the space occupied by the aircraft, such fee being, for each hour or part of an hour that the aircraft is accommodated in a hangar, the fee specified in the said Schedule as the housing fee, and, for each hour or part of an hour that the aircraft is accommodated otherwise than in a hangar, the fees specified therein as the parking fee:
Provided that, if the period between the arrival of an aircraft at a Government airport and its departure therefrom does not exceed six hours, no fee shall be payable in respect of any part of the said period during which the aircraft is accommodated otherwise than in a hangar.

[Third Schedule.]

13. Licensing fees
The provisions of the Fourth Schedule to these Regulations shall have effect with respect to the fees to be paid in connection with the certificates, licences, and other documents, and with examinations, tests, inspections, investigations, permissions and approvals, required by or for the purposes of the Air Navigation Regulations or any regulations made thereunder.

[Fourth Schedule.]

14. Power to amend fees
The Minister may at any time by notice in the Federal Gazette, amend any of the fees specified in the
First, Third and Fourth Schedules hereto.
[First, Third and Fourth Schedules.]

SCHEDULES

FIRST SCHEDULE

Table of Landing Fees
All up weight Aircraft Charges
Not exceeding 11,000 lbs. (5,000 kgs) 55 kobo for each 1,100 lbs.
Exceeding 11,000 lbs. (5,000 kgs) but not exceeding 33,000 lbs. (15,000 kgs) N1.10 kobo for each 2,200 lbs. (1,000 kgs) or part thereof
Exceeding 33,000 lbs. (15,000 kgs) but not exceeding 88,000 lbs. (40,000 kgs) N1.20 kobo for each 2,200 lbs (1,000 kgs) or part thereof
Exceeding 88,000 lbs. (40,000 kgs) N1.40 kobo for each 2,200 lbs(1,000 kgs) or part thereof

SECOND SCHEDULE
Lagos
Kano
Port Harcourt

THIRD SCHEDULE - Accommodation Fees
Space Occupied Housing Parking
Fee Fee
N k N k
Not exceeding 300 sq. ft ............................... 34 18
Exceeding 300 but not exceeding 500 sq. ft .................... 54 28
Exceeding 500 but not exceeding 700 sq. ft................... 74 38
Exceeding 700 but not exceeding 1,000 sq. ft.................. 1.08 54
Exceeding 1,000 but not exceeding 1,500 sq. ft................. 1.60 80
Exceeding 1,500 but not exceeding 2,000 sq. ft................. 1.14 1.08
Exceeding 2,000 but not exceeding 3,000 sq. ft................. 2.34 1.68
Exceeding 3,000 but not exceeding 4,000 sq. ft................. 4.00 2.00
And where the space occupied exceeds 4,000 sq. ft. in respect of each additional
1,000 sq. ft. or part thereof ....................... 68 34
_____________________

FOURTH SCHEDULE - Fees for certificates, licences, etc.
1. Charges for air navigation facilities, etc.
(1) As from the commencement of this paragraph, air navigation facilities and services shall be regulated by the following formula, that is R = T X D X P where‐

[S.I. 1 of 1990.]
(a) R = Charge payable;
(b) T = Unit rate;
(c) D = Distance flown within Nigeria's airspace measured in hundreds of kilometres reduced by 20 km for each take off from and each landing at airports on Nigerian territory; and
(d) P = Weight factor.

2. Certificate of registration
(1) The fee to be paid for the issue of a certificate of registration for an aircraft of an all up weight of
(a) under 3,000 kilograms, shall be N200;
(b) 3,000 kilograms but not exceeding 6,000 kilograms, shall be N500;
(c) 6,000 kilograms but not exceeding 15,000 kilograms, shall be N1,000;
(d) 15,000 kilograms but not exceeding 50,000 kilograms, shall be N2,000;
(e) 50,000 kilograms and above, N4,000.

3. Reservation of registration mark
(1) A person who applies for the reservation of a registration mark shall pay‐
(a) in the case of an aircraft of less than 3,000 kilograms in weight, a fee of N100; and
(b) in the case of an aircraft of any other weight, a fee of N200.

4. Aircraft spare parts stockist's certificate
(1) A person who applies for a dealer's or aircraft spare parts stockist's certificate shall pay a fee of N 250.

5. Registration of aircraft mortgage
(1) A person who applies for the registration of the mortgage of an aircraft shall pay‐

6. Permit for an aircraft to fly without certificate of airworthiness
A person who applies for a permit to fly an aircraft within Nigeria in pursuance of paragraph (e) of regulation 4 (1) of the Air Navigation Regulations 1965, shall pay‐

7. Certificate of airworthiness

8. Renewal of a certificate of airworthiness
The fees to be paid for the renewal of a certificate of airworthiness shall be‐
(a) in the case of a glider with a maximum all up weight of 1,000 kilograms or less, N350;

9. Re‐issue of a certificate of airworthiness
The fees to be paid for the re‐issue of a certificate of airworthiness following its revocation shall be‐
(a) if the certificate revoked was an initial issue, the same as for an initial issue of such certificate;
(b) if the certificate revoked was one that had been renewed, the same as for the renewal of such certificate.

10. Certificate of airworthiness for export
The person who applies for a certificate of airworthiness for the export of an aircraft shall pay‐

11. Change of category of certificate of airworthiness
The fee to be paid for an application to change the category of a certificate of airworthiness, to permit an aircraft to fly for an additional purpose, shall be N250.

12. Approval for aircraft equipment
A person who applies for the approval of an aircraft equipment (other than the engine, modification or repairs of such equipment), its installation, modification and repair, shall pay‐

13. Approval for modification or repair of aircraft, etc.
(1) A person who applies for approval to carry out modification, repair or any other works on an aircraft, other than on its engine shall pay‐
(a) in respect of any investigation required in connection with the application, a fee of an amount equivalent to the cost of the investigation not exceeding N25,000; and
(b) where the investigation involves travelling abroad, the additional charge specified in paragraph 33 of this Schedule.

14. Aircraft type certificate
The fee to be paid upon filing an application for an aircraft type certificate shall be such an amount as may be specified, from time to time, by the Minister but not exceeding N20,000 for every 500 kilograms or part thereof for the period of investigation and where the investigation involves travelling abroad, the additional charge specified in paragraph 33 of this Schedule shall be paid.

15. Approval of engine and auxiliary power
A person who applies for the approval of an engine or auxiliary power unit shall pay‐
(a) in respect of any investigation required in connection with the application, a fee of an amount equivalent to the cost of the investigation, including investigation concerning defects in or modifications to an approved engine or auxiliary power unit but not exceeding‐
(i) in the case of a gas turbine engine, N500,000;
(ii) in the case of an engine of 300 kilograms or less, N150,000;
(iii) in the case of any other engine or auxiliary power unit of above 300 kilograms, N300,000;

16. Licence for aircraft maintenance engineer
Any person who applies for the grant, renewal, variation or validation of a licence to act as an aircraft maintenance engineer or for the inclusion of a type rating in such licence shall pay‐
(a) in respect of the application, including assessment of loggings or documents submitted therewith, a fee of N50;
(b) where an examination is required, a fee of N100;
(c) where no examination is required, a fee of N50;
(d) where an extension of rating is to be included in the licence, a fee of N50;
(e) for the renewal of a licence‐
(i) where the applicant is not required to pass an examination, a fee of N50;
(ii) where the applicant is required to pass an examination, a fee of N100;
(f) for the replacement of a licence, a fee of N100;
(g) for a copy of any certificate issued by the Minister or any other person or agency authorised in that behalf, a fee of N50;
(h) for the renewal of a Certificate of Validity Authorisation N50;

17. Air transport licence or permit

18. Aerodrome flight information service officers licence, etc.
Any person who applies for grant of a flight information service officer, air host or air hostess licence shall pay‐
(a) for the assessment of the application, a fee of N50;
(b) on being granted the licence, a fee of N50;
(c) where any written examination is required, a fee of N100;
(d) for any additional aerodrome included in the licence, a fee of N50;
(e) for the renewal of the licence, a fee of N50.

19. Flight crew licence
(1) A person who applies for the grant, extension or renewal of a licence to act as a flight crew member shall pay‐
(a) in the case of the grant or renewal of‐
(i) an airline pilot's licence;
(ii) a senior commercial pilot's licence;
(iii) a commercial pilot's licence;
(iv) a flight navigator's licence; or
(v) a flight engineer's licence, a fee of N100;

20. Application for authorisation or approval to act as an authorised examiner
A person who applies for authority or approval to act as an authorised examiner shall pay‐
(a) in the case of any aircraft of an all up weight of below 5,700 kilograms, a fee of N100;

21. Approval of flight simulator
A person who applies for approval or renewal of approval of a flight simulator shall pay‐
(a) where the authorised weight for the aeroplane type simulated by the flight simulator does not exceed 1,500 kilograms, a fee of N3,000;

22. Approval of flying schools
A person who applies for approval or renewal of approval of a flying training school shall pay‐
(a) in the case of a commercial pilot's licence course (aeroplane) and instrument rating
(i) initial approval, a fee of N4,000;
(ii) renewal of approval, a fee of N3,000;

23. Type rating or type conversion for a new or unusual aircraft
A person who applies for an aircraft type rating or type conversion for any new or unusual type of aircraft shall pay the cost of any training required of any employee of the Ministry or a Department of the Ministry engaged in conducting any flying test technical examination connected with the type rating or type conversion.

24. Flight crew member certificate
The fee to be paid for an application for the grant of one year flight crew certificate shall be N100.

25. Aerodrome licence
A person who applies for an aerodrome licence shall pay‐
(a) for the inspection of the aerodrome where the maximum weight of the aircraft that can use the aerodrome‐
(i) does not exceed 3,200 kilograms, a fee of N500;
(ii) exceeds 3,200 kilograms but less than 7,500 kilograms, a fee of N1,000;
(iii) exceeds 7,500 kilograms, or a fee of N1,500;
(b) for the grant or renewal of the licence after inspection, a fee of N3,000.

26. Air operator's certificate
(1) A person who applies for an air operator's certificate shall pay a fee of an amount, appropriate to the maximum total authorised weight of the heaviest type of aircraft specified in the application, as set out in sub‐paragraph (2) of this paragraph.

27. Variation of air operator's certificate
(1) A person who applies for the variation of an air operator's certificate to specify an additional type of aircraft in the certificate shall pay a fee of an amount, appropriate to the maximum total authorized weight of each type of aircraft specified in the application, as set out in sub‐paragraph (2) of this paragraph.

28. Annual charges on air operator's certificate
(1) The holder of an air operator's certificate shall, on the 1st of January in each year during the whole or part of which the certificate is in force, pay a fee of an amount, appropriate to the maximum total authorised weight of the heaviest type of aircraft specified in the certificate, as set out in sub‐paragraph (2) of this paragraph.

29. Charge on air operator's certificate
(1) The holder of an air operator's certificate shall, for every month in which the certificate is in force for an aircraft of a maximum authorised weight of less than 15 tonnes, pay a fee, according to the number of hours (rounded up to the nearest whole hour) flown by each aircraft operated by him pursuant to the certificate, as set out in sub‐paragraph (2) of this paragraph.

30. Aerial application certificate
A person who applies for the grant, renewal or variation of an aerial application certificate shall pay‐
(a) in respect of the application, a fee of N1,000;
(b) on the granting or renewal of the certificate, a fee of N250 for each aircraft specified in the certificate;
(c) where the application is for a variation of the certificate to specify an additional aircraft, a fee of N 250 for each additional aircraft so specified in the certificate;
(d) for the replacement or issue of a copy of any document connected therewith, a fee of N 50.

31. Permission for exhibitions
A person who applies for permission for flying exhibition shall pay the fees in the following table, that is‐

Number of Display items Fees payable
N
1‐2 display items.......................... 100
3‐6 display items.......................... 250
7‐10 display items.......................... 500
11 or more display items...................... 1,000

32. Airstrip manning
The fee to be charged for manning an airstrip shall be 25,000.

33. Additional charges where functions are performed abroad
Where any duty connected with any application under this Schedule is performed abroad, the person making the application shall pay‐

34. Approval of type, etc., of radio apparatus
The fees to be paid for an application for the approval of‐
(a) radio apparatus or the manner of the installation thereof; or
(b) any modification of the apparatus or the manner of its installation, for the purposes of regulation 10 (5) of the Air Navigation Regulations 1965, shall be an amount equivalent to the cost of making the investigations required in connection with the application but not exceeding N25,000 for any year or part thereof, of the period of the investigation.

35. Ticket sales tax
(1) A sales tax of five per cent shall be payable to the agency authorised in that behalf by the Minister, that is, the Federal Civil Aviation Authority on all air tickets, charter, contract and cargo flights, sold in Nigeria.

36. Medical examination
The fee to be paid for an official medical examination for the purposes of the Air Navigation Regulations 1965 or any regulations made thereunder shall, unless otherwise provided, be N200.

CIVIL AVIATION (AIRCRAFT PERFORMANCE) REGULATIONS [L.N. 10 of 1966.]
ARRANGEMENT OF REGULATIONS
1. Short title.
2. Interpretation.
3. Aircraft with no performance group classification.
4. Conditions as to weight of aircraft with no performance group classification.
5. Aircraft of performance group A.
6. Conditions as to weight of aircraft of performance group A.
7. Aircraft of performance groups C and D.
8. Conditions as to weight of aircraft of performance groups C and D.
9. Aircraft of performance group X.
10. Conditions as to weight of aircraft of performance group X.

CIVIL AVIATION (AIRCRAFT PERFORMANCE) REGULATIONS
under regulation 24 (1) of the Civil Aviation

[Commencement.] [1st December, 1965]

1. Short title
These Regulations may be cited as the Civil Aviation (Aircraft Performance) Regulations.

2. Interpretation
(1) In these Regulations, unless the context otherwise requires‐
''Air Navigation Regulations'' means the Civil Aviation (Air Navigation) Regulations;
"instrument meteorological conditions" means weather precluding flight in compliance with the Visual Flight Rules;
"visual meteorological conditions" means weather permitting flight in accordance with the Visual Flight Rules;
"specified" in relation to an aircraft means specified in, or ascertainable by reference to
(a) the certificate of airworthiness in force under the Air Navigation Regulations in respect of the aircraft; or
(b) the flight manual or performance schedule included in that certificate;
"emergency distance available" means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take‐off run to the nearest point in the direction of take‐off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without risk of accident;
"landing distance available" means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane;
"take‐off distance available" means either the distance from the point of the surface of the aerodrome at which the aeroplane can commence its take‐off run to the nearest obstacle in the direction of take‐off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane or one and one‐halftimes the take‐off run available, whichever is the less;
"take‐off run available" means the distance from the point of the surface of the aerodrome at which the aeroplane can commence its take‐off run to the nearest point in the direction of take‐off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions;
"vso" denotes the stalling speed or minimum steady flight speed with wing flaps in the landing position;
"Contracting State" means a State which is a party to the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.

Provided that, if, in the case of an aeroplane in respect of which there is in force under the Air Navigation Regulations a certificate of airworthiness which does not include a performance group classification, the assessment may be based on the best information available to the commander of the aircraft, in so far as the relevant information is not specified.

3. Aircraft with no performance group classification
(1) With reference to regulation 24 of the Air Navigation Regulations, an aeroplane registered in Nigeria in respect of which there is in force under these Regulations a certificate of airworthiness which does not include a performance group classification shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take‐off run is such that such of the following conditions as apply to that aircraft are satisfied; that is‐

4. Condition as to weight of aircraft with no performance group classification
The conditions referred to in regulation 3 of these Regulations are as follows‐
All aeroplanes

1. Either‐
(a) the wing loading of the aeroplane does not exceed twenty pounds per square foot; or
(b) the stalling speed of the aeroplane in the landing configuration does not exceed sixty knots; or
(c) the aeroplane with anyone of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, is capable of a gradient of climb of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.

2. The weight of the aeroplane at the commencement of the take‐off does not exceed whichever is the higher of the following weights namely‐
(a) the maximum take‐off weight, if any, specified for the altitude and the air temperature at the aerodrome at which the take‐off is to be made;
(b) the maximum take‐off weight, if any, approved in writing by the Minister (after the carrying out of flight tests undertaken on the authority of the Minister) for the take‐off of the aeroplane from that aerodrome in the air temperature at the aerodrome. Aeroplanes of a specified maximum total weight authorised exceeding 12,500 lbs. and aeroplanes of a specified maximum total weight authorised not exceeding 12,500 lbs. which comply with neithercondition 1 (a) nor condition 1 (b) of this regulation

3. (1) The distance required by the aeroplane to attain a height of fifty feet, with all power units operating within the maximum take‐off power conditions specified, does not exceed the take‐off run available at the aerodrome at which the take‐off run is to be made.

4. (1) The take‐off flight path with one power unit inoperative and the remaining power unit or units operating within the maximum take‐off power conditions specified, appropriate to‐
(a) the weight of the aeroplane at the commencement of the take‐off run;
(b) the altitude at the aerodrome;
(c) the air temperature at the aerodrome;
(d) not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point fifty feet above the end of the appropriate factored distance required for takeoff under condition 3 (2) of this regulation at the aerodrome at which the take‐off is to be made, shows the aeroplane either will be able to comply with such requirements in respect of the take‐off flight path to be followed as the Minister may have approved in relation to that aerodrome as being requirements which flight tests undertaken on the authority of the Minister have shown will result in safe operation, or, in any case where the Minister has not approved any such requirements in relation to that aerodrome, will clear any obstacle in its path by a vertical interval of at least 35 feet except that if it is intended that an aeroplane shall change its direction by more than 15° the vertical interval shall be not less than fifty feet during the change of direction.

5. The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power units or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach, at a suitable height for landing, an aerodrome at which it can comply with condition 9 of this regulation and to maintain, on each part of its route to such aerodrome, either‐

6. The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or on any planned diversion therefrom be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified at the following altitudes‐

7. If, on the route to be flown or any planned diversion therefrom, the aeroplane will be engaged in a flight over water during which at any point it may be more than ninety minutes' flying time in still air from the nearest shore, it will in the event of two power units becoming inoperative during such time and with the other power units or unit operating within the maximum continuous power conditions specified be capable of continuing the flight having regard to the meterological conditions expected for the flight clearing all obstacles within ten nautical miles either side of the intended track by a vertical interval of at least 1,000 feet, to an aerodrome at which a safe landing can be made.

8. The landing weight of the aeroplane shall not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

9. (1) The distance required by the aeroplane to land from a height of fifty feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed seventy per cent of the landing distance available on‐

Aeroplanes of a specified maximum total weight authorised not exceeding 12,500 lbs. and which comply with either condition 1 (a) or condition 1 (b) of this regulation or with both these conditions
10. If the aeroplane is engaged in a flight at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome of destination or at any alternate aerodrome, are less than 500 feet and three miles respectively, it will, with anyone of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, be capable of achieving and maintaining an altitude of 1,000 feet above all obstacles within ten nautical miles of the relevant aerodrome.

11. (1) The distance required by the aeroplane to attain a height of fifty feet with all power units operating within the maximum take‐off power conditions specified, does not exceed the take‐off run available at the aerodrome at which the take‐off is to be made.

12. The take‐off flight path, with all power units operating within the maximum take‐off power conditions specified, appropriate to‐
(a) the weight of the aeroplane at the commencement of the take‐off run;
(b) the altitude at the aerodrome;
(c) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome, or, if greater, the air temperature at the aerodrome less 15° centigrade; and
(d) not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point fifty feet above the end of the factored distance required for take‐off under condition 11 (2) of this regulation, at the aerodrome at which the take‐off is to be made, shows that the aeroplane either will be able to comply with such requirements in respect of the take‐off flight path to be followed as the Minister may have approved in relation to that aerodrome as being requirements which flight tests undertaken on the authority of the Minister have shown will result in safe operation,
or, in any case where the Minister has not approved any such requirements in relation to that aerodrome, will clear any obstacle lying within 200 feet plus half the wing span of the aeroplane on either side of its path by a vertical interval of at least 35 feet. In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15⁰.

13. The aeroplane shall, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units, if any, operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach a point above a place at which a safe landing can be made at a suitable height for such landing.

14. The aeroplane shall, in the meteorological conditions expected for the flight, at any point on its route or any planned diversion therefrom, be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified, at the following altitudes‐

15. If on the route to be flown or any planned diversion therefrom the aeroplane will be engaged in a flight over water during which at any point it may be more than thirty minutes' flying time in still air from the nearest shore, it shall, in the event of one power unit becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.

16. The landing weight of the aeroplane shall not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

17. The distance required by the aeroplane to land from a height of fifty feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed seventy per cent, or if a visual approach and landing will be possible in the meteorological conditions forecast for the estimated time of landing, eighty per cent of the landing distance available on‐

WEIGHT AND PERFORMANCE OF PUBLIC TRANSPORT

Aeroplanes classified as aeroplanes of performance group A in their certificates of airworthiness

5. Aircraft of performance group A
With reference to regulation 24 of the Air Navigation Regulations, an aeroplane registered in Nigeria in respect of which there is in force under those Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group A, shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take‐off run is such that the conditions set out in regulation 6 of these Regulations are satisfied.

6. Condition as to weight of aircraft with performance group A
The conditions referred to in regulation 5 are as follows‐

1. That weight does not exceed the maximum take‐off weight for altitude and temperature specified for the altitude and the air temperature at the aerodrome at which the take‐off is to be made.

2. The take‐off run, take‐off distance and the emergency distance respectively required for take‐off, specified as being appropriate to‐
(a) the weight of the aeroplane at the commencement of the take‐off run;
(b) the altitude at the aerodrome;
(c) the air temperature at the aerodrome;
(d) the slope of the surface of the aerodrome in the direction of take‐off over the take‐off run available, the take‐off distance available and the emergency distance available respectively; and
(e) not more than fifty per cent of the reported wind component opposite to the direction of takeoff or not less than 150 per cent of the reported wind component in the direction of take‐off, do not exceed the take‐off run, the take‐off distance and the emergency distance available, respectively at the aerodrome at which the take‐off is to be made; and in ascertaining the emergency distance required, the point at which the pilot is assumed to decide to discontinue the take‐off shall not be nearer to the start of the take‐off run than the point at which, in ascertaining the take‐off run required and the take‐off distance required, he is assumed to decide to continue the take‐off, in the event of power unit failure.

3. (1) The net take‐off flight path with one power unit inoperative specified as being appropriate to‐
(a) the weight of the aeroplane at the commencement of the take‐off run;
(b) the altitude at the aerodrome;
(c) the air temperature at the aerodrome; and
(d) not more than fifty per cent of the reported wind component opposite to the direction of take‐off or not less than 150 per cent of the reported wind component in the direction of take‐off, and plotted from a point 35 feet or fifty feet, as appropriate, above the end of the take‐off distance required at the aerodrome at which the take‐off is to be made to a height of 1,500 feet above the aerodrome, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet, except that if it is intended that the aeroplane shall change its direction of flight by more than 15 the vertical interval shall not be less than fifty feet during the change of direction.

4. The aeroplane shall, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power units or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight, clearing by a vertical interval of a least 2,000 feet obstacles within five nautical miles either side of the intended track, to an aerodrome at which it can comply with condition 7 in this regulation relating to an alternate aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with one power unit inoperative shall not be less than zero at 1,500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting.

5. The aeroplane shall, in the meteorological conditions expected for the flight, in the event of any two power units becoming inoperative at any point along the route or on any planned diversion there form more than ninety minutes' flying time in still air at the power units operating economical cruising speed from the nearest aerodrome at which it can comply with condition 7 in this regulation, relating to an alternate aerodrome, be cap‐able of continuing the flight with all other power units operating within the specified maximum continuous power conditions, clearing by a vertical interval of at least 2,000 feet obstacles within five nautical miles either side of the intended track to such an aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with two power units inoperative shall not be less than zero at 1,500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting.

6. The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.

7. (1) The landing distances required, respectively specified as being appropriate to aerodromes of destination and alternate aerodromes, do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on‐
(a) the most suitable runway for a landing in still air conditions; and
(b) the runway that may be required for landing because of the forecast wind conditions:

Provided that if an alternate aerodrome is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination in respect of the runway that may be required for landing because of the forecast wind conditions.

Weight and performance of public transport aeroplanes classified as aeroplanes of performance group C or of performance group D in their certificates of airworthiness

7. Aircraft of performance groups C and D
With reference to regulation 24 of the Air Navigation Regulations, an aeroplane registered in Nigeria in respect of which there is in force under those Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group C or performance group D, shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take‐off run is such that the conditions set out in regulation 8 of these Regulations are satisfied.

8. Conditions as to weight of aircraft of performance groups C and D
The conditions referred to in regulation 7 of these Regulations are as follows‐
1. (1) That weight does not exceed the maximum take‐off weight specified for the altitude and the air temperature at the aerodrome at which the take‐off is to be made.

2. An aeroplane designated as aforesaid as an aeroplane of performance group D shall not fly for the purpose of public transport (except for the sole purpose of training persons to perform duties in aircraft) at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and one mile respectively.

WEIGHT AND PERFORMANCE OF PUBLIC TRANSPORT
Aeroplanes classified as aeroplanes of performance group X in their certificates of airworthiness

9. Aircraft of performance group X
With reference to regulation 24 of the Air Navigation Regulations, an aeroplane in respect of which there is in force under those Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group X, shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of take‐off is such that the conditions set out in regulation 10 are satisfied.

10. Condition as to weight of aircraft of performance group X
The conditions referred to in regulation 9 of these Regulations are as follows‐

1. (1) That weight does not exceed the maximum take‐off weight specified for the altitude at the aerodrome at which the take‐off is to be made, or for the altitude and the air temperature at such aerodrome as the case may be.

2. (1) Subject to condition 1 (2) of this regulation, the weight of the aeroplane at any point on the route or any planned diversion therefrom, having regard to the fuel and oil expected to be consumed up to that point, shall be such that the aeroplane, with one power unit inoperative and the other power unit or units operating within the maximum continuous power conditions specified, will be capable of a rate of climb of at least K (Vso/100)2 feet per minute at an altitude not less than the minimum altitude for the safe flight stated in or calculated from the information contained in the operations manual, where Vso is in knots and K has the value of 797 ‐1060/N, N being the number of power units installed.

CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Short title.
2. Interpretation.
3. Returns relating to births and deaths by owners of aircraft.
4. Records to be kept by Minister.
5. Transmission of copies of entries to appropriate registrar.
6. Determination of appropriate registrar.
7. Saving for father of illegitimate child.
8. Rectification of errors.
SCHEDULES
FIRST SCHEDULE - Form of notification of a birth
SECOND SCHEDULE - Form of a notification of a death
THIRD SCHEDULE - Record of births
FOURTH SCHEDULE - Record of deaths
FIFTH SCHEDULE - Record of missing persons

CIVIL AVIATION (BIRTHS, DEATHS AND MISSING PERSONS)
REGULATIONS
[Commencement.] [1st December, 1965]

1. Short title
These Regulations may be cited as the Civil Aviation (Births, Deaths and Missing Persons) Regulations.
2. Interpretation
(1) In these Regulations unless the content otherwise requires‐
"aircraft" includes all balloons, whether captive or free, gliders, airships and flying machines;
"journey" is deemed to commence when a traveller enters an aircraft registered in Nigeria for the purpose of the journey and to continue until that traveller alights therefrom on completion of the journey, notwithstanding any intermediate stop or break in the journey;
"Minister" means the Minister responsible for matters relating to civil aviation;
"missing persons" means persons with respect to whom there are reasonable grounds for believing that they have died in consequence of an accident occurring in or over Nigeria to an aircraft registered in Nigeria;
"traveller", in relation to an aircraft, includes a member of the crew.

3. Returns relating to births and deaths by owners of aircraft
(1) The owner of an aircraft registered in Nigeria shall, as soon as is practicable but not later than six months after the occurrence in any part of the world of a birth or death in the aircraft, or a traveller in the aircraft who is killed on the journey in consequence of an accident, transmit to the Minister a return of such birth or death in the form, in accordance with the instructions, and containing the particulars prescribed in the First Schedule to these Regulations (in the case of a birth) or the Second Schedule to these Regulations (in the case of a death):
[First Schedule.]
Provided that if such particulars are not known to the owner of the aircraft, he shall transmit as aforesaid so many of such particulars as he is reasonably able to ascertain having regard to the circumstances of the birth or death.

4. Records to be kept by Minister
The Minister shall keep‐
(a) a separate record of births in the form set out in the Third Schedule to these Regulations in which shall be recorded the particulars transmitted to him of births occurring in or over Nigeria in aircraft registered in Nigeria;

5. Transmission of copies of entries to appropriate registrar
The Minister shall within seven days of the completion of an entry in any record kept in his Ministry pursuant to the provisions of these Regulations cause a certified copy of such entry to be transmitted to the appropriate registrar.

6. Determination of appropriate registrar
For the purpose of these Regulations, the appropriate registrar shall be ascertained as follows‐
(a) where it appears to the Minister that an entry in the record of births relates to the birth of a child the father of whom, or if the child is illegitimate, the mother of whom, was at the time of the birth usually resident in the Federal Capital Territory, Abuja or in any State of the Federation, a certified copy of the entry shall be sent to the Registrar of Births and Deaths in the Federal Capital Territory, Abuja or the State concerned, as the case may require;

7. Saving for father of illegitimate child
In the case of the birth of an illegitimate child, the name of any person as father of such child shall not be entered in any return or record of particulars of the birth of such child unless the mother of the child and the person acknowledging himself to be the father of the child shall have signed a completed form of return as informants.

8. Rectification of error
(1) If the Minister is satisfied that there is an error or omission in any entry made in the record of births, deaths or missing persons kept by him pursuant to regulation 4 of these Regulations, he may, in accordance with evidence of the true facts relating to the entry, rectify it in such manner as may appear to him appropriate.

FIRST SCHEDULE
(Form of notification of a birth)
[Regulation 3 (1).]
1. Registration and marking of aircraft ............................
2. Date of birth (a) .........................................
3. Place of birth (b).........................................
4. Sex (c) ...............................................
5. Name (d) ............................................
6. Name, surname and nationality or country of father (e) ..................
7. Maiden name and nationality or country of mother....................
8. Date and place of marriage of parents............................
9. Rank or occupation and addresses of father (or, in default, of mother) (e)........
10. Name, description and address of informant (if any) (f)................
11. Signature of informant(s) ...................................
Signature and rank of persons completing the return .....................
Date...............

Notes
(a) Day and month in words, year in figures.
(b) Approximate position, e.g. "40 miles west of Kaduna".
(c) "Boy" or "Girl" as the case may be.
(d) Full first names of child.
(e) First names in full and followed by surname; surname to be written in block letters. If child is illegitimate (see (8) above) the particulars relating to the father must not be recorded in the return unless at the joint request of the mother and of the person acknowledging himself to be the father of the child in which case such person shall, as well as the mother, sign a completed form of return as informant.
(f) The informant's full names, relationship (if any) to the child, and full postal address should be stated.

Except in the circumstances mentioned at (e) above only one person (usually the mother or father) should act as informant.

SECOND SCHEDULE - (Form of notification of a death)
[Regulation 3 (1).]

1. Registration and marking of aircraft.......................................
2. Date of death (a)..................................................
3. Place of death (b) .................................................
4. Names and surname (c)..............................................
5. Sex (d)........................................................
6. Age (e) ........................................................
7. Rank or occupation (f) ..............................................
8. Nationality or country...............................................
9. Address or abode (g).................................................
10. Cause of death...................................................
11. Name of certifying medical practitioner (if any) ................................
12. Duration of illness ................................................
13. Place of burial...................................................
14. Signature, description and address of informant (h)..............................
15. Date of registration...............................................
16. Signature and rank of person completing the form..............................
Date............................................................
Notes

In the case of a married woman or a widow, the words, "wife of' or "widow of' shall be entered, followed by the name, rank of occupation, and nationality of the husband.

In the case of an unmarried woman, there shall be inserted (i) the word "spinster" followed by her profession or occupation (if any), rank or title (if any), and her nationality, and (ii) the words "daughter of' followed by the name, profession, etc., of her father.

In the case of children under the age of sixteen years, the words "son of' or "daughter of' shall be followed by the name, profession, etc., of the father.

THIRD SCHEDULE

Record of births in aircraft registered in Nigeria
[Regulation 4 (a).]
(1) Registration and marking of aircraft.....................
(2) Date of birth.....................................
(3) Place of birth.....................................
(4) Sex of child......................................
(5) Name (if any).....................................
(6) Name and nationality or country of father...................
(7) Maiden name and nationality or country of mother..............
(8) Rank or occupation and addresses of father (or in default, of mother)..
(9) Name, description and address of informant..................
(10) Date of registration.................................
(11) Signature of Minister.................................
(12) Name, if added after registration of birth....................
________________________

FOURTH SCHEDULE
Record of death in aircraft registered in Nigeria
[Regulation 4 (b).]
(1) Registration and marking of aircraft.......................
(2) Date of death.....................................
(3) Place of death ......................................
(4) Full name........................................
(5) Sex...........................................
(6) Age..........................................
(7) Rank or occupation................................
(8) Nationality or country................................
(9) Abode.........................................
(10) Cause of death................................
(11) Name of certifying medical practitioner (if any)...............
(12) Duration of illness..................................
________________________

FIFTH SCHEDULE
Persons missing and believed to have died in consequence of accident to aircraft registered in Nigeria
[Regulation 4 (c).]
(1) Registration and marking of aircraft......................
(2) Full name of missing person............................
(3) Sex ...........................................
(4) Age ..........................................
(5) Rank or occupation .................................
(6) Nationality or country ................................
(7) Address .......................................
(8) Date and place of accident and grounds for presumption of death ......
(9) Name, description and address of informant .....................
(10) Date of registration .................................
(11) Signature of Minister ................................
____________________

CIVIL AVIATION RULES OF THE AIR AND AIR TRAFFIC CONTROL
ARRANGEMENT OF RULES
RULE
1. Short title.

PART I - Interpretation
2. Interpretation.

PART II - General
3. Application of Rules to aircraft.
4. Misuse of signals and markings.
5. Reporting hazardous conditions.
6. Low flying.
7. Simulated instrument flight.
8. Practice instrument approaches.

PART III - Lights and other signals to be shown by aircraft
9. Lights and other signals to be shown by aircraft.
10. Display of lights of aircraft.
11. Failure of navigation lights.
12. Flying machines.
13. Gliders.
14. Free balloons.
15. Captive balloons and kites.
16. Airships.

PART IV - General flight rules
17. Weather reports and forecasts.
18. Rules for avoiding aerial collisions.
19. Aerobatic manoeuvres.
20. Right‐hand traffic rule.
21. Notification of arrival.
22. Flight in notified airspace.
23. Choice of VRF or IFR.

PART V - Visual Flight Rules
24. Visual Flight Rules.

PART VI - Instrument Flight Rules
25. Instrument Flight Rules.
26. Minimum height.
27. Quadrant rule.
28. Flight plan and air traffic control clearance.
29. Position reports.
30. Communication failure.

PART VII - Aerodrome traffic rules
31. Application of aerodrome traffic rules.
32. Visual signals.
33. Access to and movement on the manoeuvring area and other parts of the aerodrome used by aircraft.
34. Right of way on the ground.
35. Dropping of tow ropes, etc.
36. Aerodromes not having air traffic control units.
37. Aerodromes having air traffic control units.
38. Commander's duty at Unit.

PART VIII - Aerodrome signals and markings visual and aural signals
39. Aerodrome signals and markings: visual and aural signals: general.
40. Signals in the signals area.
41. Markings for paved runways and taxiways.
42. Markings on unpaved manoeuvring areas.
43. Signals visible from the ground.
44. Lights and pyrotechnic signals for control of aerodrome traffic.
45. Marshalling signals.
46. Distress, urgency and safety signals.
47. Warning signals to aircraft in flight.
PART IX - Ground lighting
48. Minimum ground lighting.
49. Approach lighting.
50. Landing area lights.
51. Guidance lights on the manoeuvring area and other parts of the aerodrome used by aircraft.
52. Areas unfit for use.
53. Landing direction indicator.
54. Obstruction lights.

PART X - Air traffic control
55. Provisions of air traffic control services.
56. Licensing of air traffic controllers and student air traffic controllers.
57. Prohibition of unlicenced air traffic controllers and student air traffic controllers.

PART XI - Flight over an area in which search and visual operations would be difficult
58. Flight over an area in which search and rescue operations would be difficult.

CIVIL AVIATION RULES OF THE AIR AND AIR TRAFFIC CONTROL
under regulation 56 (1) of the Civil Aviation (Air Navigation) Regulations

[Commencement.] [1st December, 1965]

1. Short title
These Rules may be cited as the Civil Aviation Rules of the Air and Air Traffic Control.

PART I - Interpretation
2. Interpretation
(1) In these Rules, unless the context otherwise requires‐
"aerodrome traffic zone", in relation to any aerodrome, means the airspace extending from the aerodrome to a height of 2,000 feet above the level of the aerodrome and within a distance of 3,000 yards of its boundaries, except any part of that airspace which is within the aerodrome traffic zone of another aerodrome which is notified for the purposes of these Rules as being the controlling aerodrome;
"Air Navigation Regulations" means the Civil Aviation (Air Navigation) Regulations;
"air traffic control clearance" means authorisation by an air traffic control unit for an aircraft to proceed under conditions specified by that unit;
"anti‐collision light" means a flashing red light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilots of distant aircraft;
"cloud ceiling", in relation to an aerodrome, means the distance measured vertically from the notified elevation of that aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one half of the sky so visible;
"flight visibility" means the visibility forward from the flight deck of an aircraft in flight;
"ground visibility" means the horizontal visibility at ground level;
"IFR flight" means a flight conducted in accordance with the Instrument Flight Rules of Part VI of these Rules;
"instrument meteorological conditions" means weather precluding flight in compliance with the visual flight rules;
"manoeuvring area" means the part of an aerodrome provided for the take‐off and landing of aircraft and for the movement of aircraft on the surface, excluding any parts of the aerodrome set aside for the embarkation and disembarkation of passengers, the loading and unloading of cargo, or the maintenance or parking of aircraft;
"night" means the time between sunset and sunrise, sunset and sunrise being determined at surface level;
"runway" means an area, whether or not paved, which is provided for the take‐off or landing of aircraft;
"VFR flight" means a flight conducted in accordance with the Visual Flight Rules of Part V of these Rules;
"visual meteorological conditions" means weather permitting flight in accordance with the Visual Flight Rules.

[L.N. 15 of 1966.]

PART II - General
3. Application of Rules to aircraft
These Rules, in so far as they are applicable in relation to aircraft, shall, subject to the provisions of rule 31 of these Rules, apply in relation to
(a) all aircraft within Nigeria; and

4. Misuse of signals and markings
(1) A signal or marking to which a meaning is given by these Rules or which is required by these Rules to be used in circumstances or for a purpose therein specified, shall not be used except with that meaning, or for that purpose.

5. Reporting hazardous conditions
The commander of an aircraft shall, on meeting with hazardous conditions in the course of a flight, or as soon as possible thereafter, send to the appropriate air traffic control unit by the quickest means available information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft.

6. Low flying
(1) Subject to the provisions of paragraphs (6) and (7) of this rule, an aircraft other than a helicopter shall not fly over any congested area of a city, town or settlement below‐

Provided that where a person is charged with an offence under the Air Navigation Regulations by reason of a contravention of this sub‐paragraph, it shall be a good defence to prove that the flight of the aircraft over, or within 1,000 yards of, the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly.
[L.N. 15 of 1966.]

Provided that in the case of practising approaches to landing as aforesaid such practising is confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

7. Simulated instrument flight
(1) An aircraft shall not be flown in simulated instrument flight conditions unless‐
(a) the aircraft is fitted with dual controls which are functioning properly;

8. Practice instrument approaches
Within Nigeria an aircraft shall not carry out instrument approach practise when flying in visual meteorological conditions unless‐

PART III - Lights and other signals to be shown by aircraft
9. Lights and other signals to be shown by aircraft
(1) For the purposes of this Part of these Rules, the horizontal plane of a light shown by an aircraft means the plane which would be the horizontal plane passing through the source of that light, if the aircraft were in level flight.

10. Display of lights of aircraft
(1) By night an aircraft shall display such of the lights specified in these Rules as may be appropriate to the circumstances of the case, and shall not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights:
Provided that nothing in this paragraph shall prevent the display of an anti‐collision light.

11. Failure of navigation lights
If in Nigeria, in the event of the failure of any light which is required by these Rules to be displayed in flight, the light cannot be immediately repaired or replaced, the aircraft shall land as soon as in the opinion of the commander of the aircraft it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.

12. Flying machines
(1) A flying machine when flying at night shall display lights as follows‐

13. Gliders
A glider, while flying at night, shall display either a steady red light of at least five candles, showing in all directions, or lights in accordance with paragraphs (2) and (3) of rule 12 of these Rules.

14. Free balloons
A free balloon, while flying at night, shall display a steady red light of at least five candles, showing in all directions, suspended not less than fifteen feet and not more than thirty feet below the basket, or if there is no basket, below the lowest part of the balloon.

15. Captive balloons and kites
(1) A captive balloon or kite, while flying at night at a height exceeding 200 feet above the surface, shall display lights as follows‐

16. Airships
(1) Except as provided in paragraph (2) of this rule, an airship, while flying at night, shall display the following steady lights‐

Provided that an airship, while picking up its moorings, notwithstanding that it is not under command, shall display only the lights specified in paragraph (1) of this rule.

PART IV - General flight rules
17. Weather reports and forecasts
(1) Immediately before an aircraft flies, the commander of the aircraft shall examine the current reports and forecasts of the weather conditions on the proposed flight path, being reports and forecasts which it is reasonably practicable for him to obtain, in order to determine whether instrument meteorological conditions prevail or are likely to prevail during any part of the flight.

18. Rules for avoiding aerial collisions
(1) General‐
(a) notwithstanding that the flight is being made with air traffic control clearance, it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft;

Provided that a glider overtaking another glider in Nigeria may alter its course to the right or to the left.
(5) Landing. An aircraft while landing or on final approach to land shall have the right of way over other aircraft in flight or on the ground or water.

19. Aerobatic manoeuvres
An aircraft shall not carry out any aerobatic manoeuvre‐
(a) over the congested area of any city, town or settlement; or
(b) within controlled airspace without the consent of the appropriate air traffic control unit.

20. Right‐hand traffic rule
An aircraft which is flying within Nigeria in sight of the ground and following a road, railway, canal or coastline, or any other line of landmarks, shall keep such line of landmarks on its left.

21. Notification of arrival
(1) The commander of an aircraft entering or leaving Nigeria on any flight for which a flight plan has been submitted shall take all reasonable steps to ensure upon landing that notice of the arrival of the aircraft is given to the aerodrome of departure.

22. Flight in notified airspace

In relation to flight in visual meteorological conditions in controlled airspace notified for the purposes of this rule, the commander of an aircraft shall comply with rules 28, 29, and 30 of these Rules as if the
flights were IFR flights:

Provided that the commander of the aircraft shall not elect to continue the flight in compliance with the Visual Flight Rules for the purposes of paragraph (3) of rule 28 of these Rules.

23. Choice of VRF or IFR
Subject to the provisions of rule 21 of these Rules, an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules:

Provided that in Nigeria an aircraft flying at night shall be flown in accordance with the Instrument Flight Rules, or, in a control zone, in accordance with the Instrument Flight Rules or the provisions of the
proviso to paragraph (b) of rule 24 of these Rules.

PART V - Visual Flight Rules
24. Visual Flight Rules
(1) The Visual Flight Rules shall be as follows‐
(a) Outside controlled airspace. An aircraft flying outside controlled airspace shall remain at least one nautical mile horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least three nautical miles:

Provided that at or below 3,000 feet above mean sea level this paragraph shall be deemed to be complied with if the aircraft is flown clear of cloud and in sight of the surface;

Provided that in a control zone, in the case of a special VFR flight, the aircraft shall be flown in accordance with any instructions given by the appropriate air traffic control unit.

PART VI - Instrument Flight Rules
25. Instrument Flight Rules
The Instrument Flight Rules shall be as follows‐
(a) Outside controlled airspace. In relation to flights outside controlled airspace rules 26 and 27 of these Rules shall apply.

26. Minimum height
Without prejudice to the provisions of rule 6 of these Rules, in order to comply with the Instrument Flight Rules an aircraft shall not fly at a height of less than 1,000 feet above the highest obstacle within a distance of five nautical miles of the aircraft unless flying on a route notified for the purposes of this rule or otherwise authorised by the competent authority or unless it is necessary to do so in order to take off or land.

27. Quadrant rule
In order to comply with the Instrument Flight Rules an aircraft, when in level flight above 3,000 feet above mean sea level outside controlled airspace, shall be flown at a level appropriate to its magnetic track, in accordance with the appropriate table set forth in this rule; and the level of flight shall be measured by an altimeter set according to the system notified, or in the case of flight over a country other than Nigeria, otherwise published by the competent authority, in relation to the area over which the aircraft is flying:
Provided that no aircraft may be flown at a level other than the level required by this rule if it is flying in conformity with instructions given by an air traffic control unit or in accordance with holding procedures notified in relation to an aerodrome.

TABLE I
Lights at levels below 29, 000 feet
Magnetic track Cruising Level
Less than 90°.......................... Odd thousands of feet
90° but less than 180°..................... Odd thousands of feet + 500 feet
180° but less than 270°..................... Even thousands of feet
270° but less than 360°..................... Even thousands of feet + 500 feet
TABLE II
Flights at levels of 29, 000 feet and above
Magnetic track Cruising Level
Less than 90° ............... 29,000 feet or higher levels at intervals of 4,000 feet
90° but less than 180°......... 30,000 feet or higher levels at intervals of 4,000 feet
180° but less than 270°......... 31,000 feet or higher levels at intervals of 4,000 feet
270° but less than 360°......... 32,000 feet or higher levels at intervals of 4,000 feet

28. Flight plan and air traffic control clearance
(1) In order to comply with the Instrument Flight Rules, before an aircraft either takes off from a point within any controlled airspace or enters any controlled airspace, the commander of the aircraft shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance based on such flight plan.

Provided that if an emergency arises which requires an immediate deviation from air traffic control clearance, the commander of the aircraft shall, as soon as possible, inform the appropriate air traffic control unit of the deviation.

29. Position reports
In order to comply with the Instrument Flight Rules, the commander of an aircraft in IFR flight who flies in or is intending to enter controlled airspace, shall report to the appropriate air traffic control unit, the time, and the position and altitude of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.

30. Communication failure
In order to comply with the Instrument Flight Rules, the commander of an aircraft flying in controlled airspace who is unable to establish or maintain two‐way communication with the appropriate air traffic control unit, shall‐
(a) continue to fly to his destination, if it is possible to do so by flying only in conditions not inferior to those specified in paragraph (b) of rule 24 of these Rules; or

PART VII - Aerodrome traffic rules
31. Application of aerodrome traffic rules
The Rules in this Part of these Rules which are expressed to apply to flying machines shall also be observed, so far as is practicable, in relation to all other aircraft.

32. Visual signals
The commander of a flying machine on, or in the traffic zone of an aerodrome, shall observe such visual signals as may be displayed at, or directed to him from, the aerodrome by the authority of the person in charge of the aerodrome and shall obey any instructions which may be given to him by means of such signals:

Provided that he shall not be required to obey the signals referred to in rule 45 of these Rules (marshalling signals) if in his opinion it is inadvisable to do so in the interests of safety.

33. Access to and movement on the manoeuvring area and other parts of the aerodrome used by aircraft
(1) A person or vehicle shall not go on to any part of an aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome without the permission of the person in charge of the aerodrome, and except in accordance with any conditions subject to which that permission may have been granted.

34. Right of way on the ground
(1) This rule shall apply to‐
(a) flying machines; and
(b) vehicles, on any part of a land aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome.

35. Dropping of tow ropes, etc.
Tow ropes, banners or similar articles towed by aircraft shall not be dropped from aircraft except at an aerodrome and‐

36. Aerodromes not having air traffic control units
(1) (a) An aircraft shall not fly within a zone which the commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome where no air traffic control unit is for the time being notified as being on watch, except for the purpose of taking off or landing at that aerodrome or observing the signals in the signals area with a view to landing there, unless he has the permission of the person in charge of the aerodrome.

37. Aerodromes having air traffic control units
(1) An aircraft shall not fly within a zone which the commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome where an air traffic control unit is for the time being notified as being on watch, except for the purpose of taking off or landing at that aerodrome, or observing the signals in the signals area with a view to landing there, unless he has the permission of the appropriate air traffic control unit.

38. Commander's duty at unit
Without prejudice to the provisions of rules 21 and 28 of these Rules, the commander of an aircraft shall, immediately upon arrival at, or prior to departure from, an aerodrome within Nigeria having an air traffic control unit, ensure that such unit is informed of the flight which he has just made or which he is about to undertake.

PART VIII - Aerodrome signals and markings visual and aural signals
39. Aerodrome signals and markings: visual and aural signals: general
(1) Whenever any signal specified in this Part of these Rules is given or displayed, or whenever any marking so specified is displayed by any person in an aircraft, or at an aerodrome, or at any other place which is being used by aircraft for landing or take‐off, it shall, when given or displayed in Nigeria, have the meaning assigned to it in this Part of these Rules.

40. Signals in the signals area
(1) When any signal specified and illustrated in the following paragraphs of this rule is displayed, it shall be placed in a signals area, which shall be a square visible in all directions bordered by a white strip one foot wide the internal sides measuring forty feet.

41. Markings for paved runways and taxiways
(1) Two or more white crosses, as illustrated by Fig. 11 in this paragraph, displayed on a runway or taxiway, with the arms of the crosses at an angle of 45° to the centre line of the runway, at intervals of not more than 1,000 feet, signify that the section of runway or taxiway marked by them is unfit for the movement of aircraft.

42. Markings on unpaved manoeuvring areas
(1) Markers with orange and white stripes of an equal width of not less than one and a half feet, with an orange stripe at each end, as illustrated by Fig. 14 in this paragraph, alternating with flags not less than two feet square showing equal orange and white triangular areas, indicate the boundary of an area unfit for the movement of aircraft and one or more white crosses as specified in paragraph (1) of rule 41 of
these Rules indicate the said area, but the distance between any two successive orange and white flags shall not exceed 300 feet.

43. Signals visible from the ground
(1) A black ball, two feet in diameter, suspended from a mast, signifies that the directions of take‐off and landing are not necessarily the same.

44. Lights and pyrotechnic signals for control of aerodrome traffic
Each signal described in the first column of Table A, when directed from an aerodrome to an aircraft or to a vehicle, or from an aircraft, shall have the meanings respectively appearing in the second, third and fourth columns of that Table opposite the description of the signal.

45. Marshalling signals
Each of the signals for the guidance of aircraft manoeuvring on the ground, described in the first column of Table B, shall, in Nigeria have the meaning set forth in the second column of that Table opposite the description of the signal; and by day any such signals shall be given by hand or by circular bats and by night by torches or illuminated wands.

46. Distress, urgency and safety signals
(1) The following signals, given either together or separately before the sending of a message, signify that an aircraft is threatened by grave and imminent danger and requests immediate assistance‐

47. Warning signals to aircraft in flight
In Nigeria the following signals shall respectively have the following meanings

PART IX - Ground lighting
48. Minimum ground lighting
(1) The person in charge of an area to which this rule applies shall cause the lighting specified in rules 49 to 54 inclusive, of these Rules to be in operation whenever a flying machine or glider, flying for the purpose of the public transport of passengers, is taking off or landing at that area by night and during such period before or after the take‐off or landing as may be necessary to ensure the safety of the aircraft:

Provided that, if the area is intended for use only by helicopters, there may be in operation in lieu of the lighting specified in rules 49, 50, 53 and 54 of these Rules, such other lighting as will enable the pilot of a helicopter in flight to‐
(a) identify the area;
(b) determine the landing direction; and
(c) make a safe approach and landing.

49. Approach lighting
The lighting required by rule 48 of these Rules shall include lighting to give approach guidance to the runway or landing area intended to be used, which lighting shall consist of either‐
(a) a line of identical lights each having an intensity of not less than 100 candles of red or white light in the direction of approach, equally spaced at intervals not exceeding 200 feet along the extended centre line of the runway for a distance of not less than 600 feet from the threshold in the direction of approach; or
(b) angle of approach lights so arranged as to indicate a sloping path between two and a half and four and a half feet above the horizontal which will provide, for any aircraft approaching to land, safe clearance above all obstacles within three nautical miles of the threshold of the runway and will give a warning by means of red beams of light if the aircraft is below the path; and the lights shall indicate the path throughout an angle in azimuth of not less that 12° symmetrically about a line parallel to the direction of landing:

Provided that if the lights specified in paragraph (1) (b) of rule 50 of these Rules are in operation, the lights specified in sub‐paragraph (b) of this paragraph shall also be in operation, and not the lights specified in sub‐paragraph (a) of this paragraph.

50. Landing area lights
(1) Where a runway is not provided, the lighting required by rule 48 of these Rules shall include either‐
(a) two lines of white lights parallel to the direction of take‐off or landing visible from all directions above the horizontal delineating the landing area intended for use by night, the lights in each line being equally spaced at intervals not exceeding 300 feet; and the lines of lights shall not be less than 100 feet nor more than 200 feet apart, and shall be so placed that a line drawn between a light and the opposite light in the parallel line of lights would be at right angles to the direction of use of the landing area; or

51. Guidance lights on the manoeuvring area and other parts of the aerodrome used by aircraft
The lighting required by rule 48 of these Rules shall include either‐
(a) the delineation of every taxiway intended for use by night by means of light along its edges, either blue lights on one side and yellow lights on the other or blue lights on both sides but the lights on each side shall have a brightness sufficient to give adequate guidance to a taxying aircraft when the lights are spaced not more than 160 feet apart on straight stretches, and on curves the lights shall be at reduced spacing to mark the taxiway edge clearly and if the taxiway is unpaved the lines of lights shall be not less than fifty nor more than 100 feet apart; or
(b) when aircraft manoeuvring on the ground are not confined to taxiways, white lights visible from all directions above the horizontal and of an intensity of not less than 10 candles at 5° above the horizontal, spaced at intervals not exceeding 300 feet along the boundary of that part of the aerodrome provided for the use of aircraft and under the control of the person in charge of the aerodrome and intended for use by night.

52. Areas unfit for use
The lighting required by rule 48 of these Rules shall include red lights visible from all directions above the horizontal, sufficient to mark adequately any area unfit for the movement of aircraft at night.

53. Landing direction indicator
Where neither the lighting specified in paragraph (1) (a) of rule 49 of these Rules nor that specified in paragraph (1) (b) of rule 50 of these Rules is provided, the lighting required by rule 47 of these Rules shall include‐
(a) adequate illumination of a landing T as specified in paragraph (2) of rule 40 of these Rules; or

54. Obstruction lights
(1) The lighting required by rule 48 of these Rules shall include the lighting of all obstructions within the area in accordance with the provisions of this Rule.

Provided that a frangible object not more than three feet in height above the ground shall not be deemed to be an obstruction by reason of this sub‐paragraph;

PART X - Air traffic control
55. Provisions of air traffic control services
(1) At every aerodrome (other than a Government aerodrome) which is provided with means of twoway radio communication with aircraft and is either situated in a control zone or is an aerodrome in respect of which the Minister has given a direction to the proprietor or person in charge of the aerodrome requiring air traffic control service to be provided there, the person in charge of the aerodrome shall cause air traffic control service to be provided at all times when the aerodrome is open for the take‐off and landing of aircraft.

56. Licensing of air traffic controllers and student air traffic controllers
(1) The Minister may grant a licence to any person to act as an air traffic controller, or as a student air traffic controller, upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Minister may require of him:
Provided that the Minister shall not grant a licence to act as an air traffic controller to a person under the age of 21 years or a licence to act as a student air traffic controller to a person under the age of eighteen years.

57. Prohibition of unlicenced air traffic controllers and student air traffic controllers
A person shall not provide any type of air traffic control service at any aerodrome at which air traffic control service is required to be provided by or under rule 55 of these Rules unless he does so under the direction of the Minister or is the holder of a valid air traffic controller's licence granted under rule 56 of these Rules authorising him to provide that type of service at that aerodrome, or is the holder of a student air traffic controller's licence and is supervised in accordance with paragraph (3) of that rule.

PART XI - Flight over an area in which search and rescue operations would be difficult
58. Flight over an area in which search and rescue operations would be difficult
(1) The following provisions of this paragraph shall have effect in relation to public transport aircraft‐
(a) before commencing a flight over an area notified for the purpose of this Rule as an area in which search and rescue operations would be difficult, the person in command of an aircraft shall submit or cause to be submitted to the appropriate air traffic control unit a flight notification containing such particulars as may be required by that air traffic control unit;

CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Short title.
Interpretation and application of Regulations
2. Interpretation.
3. Application of these Regulations.
Notification of accidents
4. Notification of accidents.
5. Particulars of accident to be notified.
Access to and removal of damaged aircraft
6. Access to and removal of damaged aircraft.
Appointment and functions of Inspectors of Accidents
7. Appointment and functions of Inspectors of Accidents.
8. Provisions relating to investigation by Inspectors of Accidents.
9. Report of investigation by Inspectors.
Public inquiry
10. Public inquiry.
Rehearing of public inquiries
11. Rehearing of public inquiry.
General
12. Accredited representatives of other states may investigate.
13. Penalties.
14. Savings.

CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS
[L.N. 14 of 1966.] under section 2

[Commencement.] [1st December, 1965]

1. Short title
These Regulations may be cited as the Civil Aviation (Investigation of Accidents) Regulations.

Interpretation and application of Regulations
2. Interpretation
(1) In these Regulations, unless the context otherwise requires‐
(a) "accident" includes any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened;
[Cap. C13.]

[Cap.123.]

3. Application of these Regulations
These Regulations relate to civil aviation only and shall apply to accidents arising out of or in the course of air navigation which occur to any civil aircraft in or over Nigeria, or elsewhere to civil aircraft registered in Nigeria.

Notification of accidents
4. Notification of accidents
An accident shall be notified in accordance with the provisions of regulation 5 of these Regulations if, between the time when any person boards an aircraft with the intention of flight and such time as all persons have disembarked therefrom
(a) any person suffers death or serious injury while in or upon the aircraft or by direct contact with the aircraft or anything attached thereto; or

5. Particulars of accident to be notified
(1) Where an accident occurs of which notification is required to be given under regulation 4 of these Regulations, the person in command of the aircraft involved at the time of the accident, or if he be killed or incapacitated, then the owner, operator, hirer or other person on whose behalf he was in command of the aircraft, as the case may be, shall forthwith send notice thereof to the Minister by the quickest means of communications available and in the case of an accident occurring in or over Nigeria shall also notify forthwith the nearest police authorities of the accident and of the place where it occurred.

Access to and removal of damaged aircraft
6. Access to and removal of damaged aircraft
(1) Where an accident occurs in or over Nigeria of which notification is required to be given under regulation 4 of these Regulations, no person other than an authorised person shall have access to the aircraft involved in the accident and the aircraft shall not, except under the authority of the Minister, be removed or otherwise interfered with:

Provided that‐

Appointment and functions of Inspectors of Accidents
7. Appointment and functions of Inspectors of Accidents
(1) For the purpose of carrying out investigation into the causes and circumstances of accidents to which these Regulations apply, the Minister shall appoint persons as Inspectors of Accidents, one of whom shall be appointed by him as the Chief Inspector of Accidents.

8. Provisions relating to investigation by Inspector of Accidents
(1) With respect to any Inspector's investigation, the following provisions of this regulation shall have effect.

9. Report of investigation by Inspectors
(1) Upon the completion of an investigation, the Chief Inspector of Accidents, or such other Inspector as may be authorised by the Minister, shall make a report to the Minister.
(2) The Chief Inspector of Accidents shall state the circumstances of the case and his conclusions as to the cause of the accident, adding any observations and recommendations which he thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future and to what extent effect has been given to the provisions of paragraph (6) of regulation 8 of these Regulations.

Public inquiry

10. Public inquiry
(1) Where it appears to the Minister that it is expedient to hold a public inquiry into the causes and circumstances of an accident to which these Regulations apply, he may direct that a public inquiry be held by a Commissioner appointed by the Chief Justice of Nigeria; and in any such case any Inspector's investigation relating to the accident shall be discontinued.

The assessors shall be appointed by the Chief Justice of Nigeria.
(3) Where the Minister has directed a public inquiry to be held, he shall remit the case to the Attorney‐ General of the Federation; and thereafter the preparation and presentation of the case shall be conducted by the Solicitor‐General of the Federation under the direction of the Attorney‐General of the Federation; the Chief Inspector of Accidents shall render such assistance to the court and to the Attorney‐General of the Federation as is in his power and for that purpose shall have the powers conferred by paragraph (2) of regulation 8 on an Inspector of Accidents with respect to an Inspector's investigation.

Questions asked and documents tendered as evidence in the course of the examination of these witnesses shall not be open to objection merely on the ground that they do or may raise questions which are not contained in or which vary from the question specified in the notice of inquiry or subsequent notices referred to in paragraph (5) of this regulation.

Provided that, in the case of any party to the proceeding or of any person in the employment of such a party, any such expenses may be disallowed if the court in its discretion so directs.

Rehearing of public inquiries
11. Rehearing of public inquiries
(1) The Minister may, in any case where a public inquiry has been held, direct a rehearing of the inquiry, either generally or as to any part thereof, and shall do so if‐

General
12. Accredited representatives of other states may investigate
Where an Inspector's investigation or a public inquiry relates to an accident which has occurred in or over Nigeria to an aircraft registered in any country other than Nigeria, an accredited representative of the country in which the aircraft is registered, or of any country which has, on request, furnished information in connection with the accident, may take part in the investigation or in the inquiry as the case may be; he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country by which he is appointed.

13. Penalties
Any person who‐
(a) wilfully obstructs or impedes the Court or an Inspector of Accidents or an assessor or any person acting under the authority of the Minister in the exercise of any powers or duties under these Regulations; or

14. Savings
(1) Nothing in these Regulations shall limit the powers of any authority under the Merchant Shipping Act.

[Cap. M 11.]

CIVIL AVIATION (AIR NAVIGATION) REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I - Registration and marking of aircraft
REGULATION
1. Aircraft to be registered.
2. Registration of aircraft in Nigeria.
3. Nationality and registration marks.
PART II - Airworthiness and equipment of aircraft
4. Certificate of airworthiness to be in force.
5. Issue, renewal and validation of certificates of airworthiness.
6. Certificate of maintenance.
7. Inspection, overhaul, repair, replacement and modification.
8. Licensing of aircraft maintenance engineers.
9. Equipment of aircraft.
10. Radio equipment of aircraft.
11. Aircraft, engine and propeller log books to be kept.
12. Aircraft weight schedule.
13. Access and inspection for airworthiness purposes.
PART III - Aircraft crew and licensing
14. Composition of crew of aircraft.
15. Members of flight crew shall hold licences.
16. Grant and renewal of licences to members of flight crew.
17. Validation of licences granted outside Nigeria.
18. Personal flying log book.
19. Instruction in flying.
20. Minimum age of a glider pilot.
PART IV - Operation of aircraft
21. Operations manual.
22. Responsibilities of a public transport operator.
23. Loading of public transport aircraft.
24. Operating conditions for public transport aircraft.
25. Weather conditions for aircraft not registered in Nigeria.
26. Pre‐flight action by commander of aircraft.
27. Pilots to remain at controls.
28. Duties of commander of aircraft for transporting passengers.
29. Operation of radio in aircraft.
30. Towing of gliders.
31. Towing, picking up and raising of persons and articles.
32. Dropping of persons and articles.
33. Carriage of munitions of war prohibited.
34. Carriage of dangerous goods.
35. Method of carriage of persons.
36. Exits and break‐in markings.
37. Imperilling safety of aircraft.
38. Imperilling safety of any person or property.
39. Drunkenness in aircraft.
40. Smoking in aircraft.
41. Authority of commander of aircraft.
42. Stowaways.
PART V - Fatigue of flight crew
43. Application, interpretation and modification of Part V.
44. Duties of operators to prevent excessive fatigue of flight crew.
45. Limits on flying time, duty periods, and rest periods.
46. Maximum flying duty periods for pilots and flight engineers.
47. Minimum rest periods for flight crew.
48. Records of flight times, duty periods and rest periods.
49. Maximum flight times for flight crew.
50. Provision for particular cases.
PART VI - Documents
51. Documents to be carried.
52. Production of documents.
53. Preservation of documents, etc.
54. Revocation, suspension and variation of certificates, etc.
55. Offences in relation to documents.
PART VII - Control of air traffic
56. Rules of the Air and Air Traffic Control.
57. Power to prohibit or restrict flying.
58. Balloons, kites and airships.
PART VIII - Air routes and airways, aerodromes, lights and other facilities
59. Designation of air routes and airways.
60. Use of Government airports.
61. Licensing of airports.
62. Places authorised as aerodromes.
63. Use of aerodromes.
64. Power to give directions.
65. Rights of Government aircraft.
66. Customs airports.
67. Use of aerodromes by Contracting States.
68. Noise and vibration on aerodromes.
69. Trading within Government aerodromes.
70. Authority to trade.
71. Aeronautical lights and other facilities.
72. Dangerous lights.
PART IX - General
73. Prohibited areas.
74. Power to prevent aircraft flying.
75. Right of access to aerodromes and other places.
76. Obstruction of persons.
77. Enforcement of directions.
78. Fees.
79. Penalties.
80. Extra‐territorial effect of the Regulations.
81. Power to make Regulations.
82. Application of Regulations.
83. Exemption.
84. Interpretation.
85. Saving.
86. Small aircraft.
87. Short title.
SCHEDULES
FIRST SCHEDULE
PART A - Table of general classification of air craft
PART B - Nationality and registration marks of aircraft registered in Nigeria
SECOND SCHEDULE - A and B Conditions
THIRD SCHEDULE - Categories of aircraft
FOURTH SCHEDULE - Maintenance engineers: privileges of licences
FIFTH SCHEDULE - Aircraft equipment
SIXTH SCHEDULE - Radio apparatus to be carried in aircraft
SEVENTH SCHEDULE - Aircraft, engine and propeller log books
EIGHTH SCHEDULE - Areas specified in connection with the carriage of flight navigators as members of the flight crew of public transport aircraft
NINTH SCHEDULE - Flight crew of aircraft: licences and ratings
TENTH SCHEDULE - Public transport ‐ operational requirements
ELEVENTH SCHEDULE - Documents to be carried by aircraft
TWELFTH SCHEDULE - Weather minima
THIRTEENTH SCHEDULE - Customs airports
FOURTEENTH SCHEDULE - Aerodrome permit
FIFTEENTH SCHEDULE - Penalties

CIVIL AVIATION (AIR NAVIGATION) REGULATIONS [L.N. 15 of 1966.]
under section 1

[Commencement.] [1st December, 1965]

PART I - Registration and marking of aircraft

1. Aircraft to be registered
(1) Subject to the provisions of paragraph (2) of this regulation, an aircraft shall not fly over Nigeria unless it is registered in‐
(a) Nigeria; or
(b) a Contracting State; or
(c) some other country in relation to which there IS m force an agreement between the government of the Federation of Nigeria and the government of that country which makes provision for the flight over Nigeria of aircraft registered in that country.

Registration of aircraft in Nigeria
2. Registration of aircraft in Nigeria
(1) The Minister shall be the authority for the registration of aircraft in Nigeria.
(2) Subject to the provisions of this regulation, an aircraft shall not be registered or continue to be registered in Nigeria if it appears to the Minister that‐
(a) the aircraft is registered anywhere outside Nigeria; or
(b) an unqualified person is entitled as owner to any legal or beneficial interest in the aircraft or any share therein; or
(c) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Nigeria.

Nationality and registration marks
3. Nationality and registration marks
(1) An aircraft (other than an aircraft permitted by or under these Regulations to fly without being registered) shall not fly unless it bears painted thereon or affixed thereto, in the manner required by the law of the country in which it is registered, the nationality and registration marks required by that law.

[First schedule. Part B.]
(3) An aircraft shall not bear any marks which purport to indicate‐
(a) that the aircraft is registered in a country in which it is not in fact registered; or
(b) that the aircraft is a state aircraft of a particular country if it is not in fact such an aircraft, unless the appropriate authority of that country has sanctioned the bearing of such marks.

PART II - Airworthiness and equipment of aircraft
4. Certificate of airworthiness to be in force
(1) An aircraft shall not fly unless there is in force in respect thereof, a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with:
Provided that the foregoing prohibition shall not apply to flights, beginning and ending in Nigeria without passing over any other country, of‐
(a) a glider, if it is not being used for the public transport of passengers or aerial work;
(b) a balloon, if it is not being used for the public transport of passengers;
(c) a kite;
(d) an aircraft flying in accordance with the "A Conditions" or "B Conditions" set forth in the Second Schedule to these Regulations;
(e) an aircraft flying in accordance with the conditions of a permit to fly issued by the Minister in respect of that aircraft.

5. Issue, renewal and validation of certificates of airworthiness
(1) The Minister may issue, in respect of any aircraft, a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to‐
(a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and
(b) the results of flying trials, and such other tests of the aircraft as he may require:
Provided that if the Minister has issued a certificate of airworthiness in respect of an aircraft which, in his opinion, is a prototype aircraft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification.

[Third Schedule.]

6. Certificate of maintenance
(1) An aircraft registered in Nigeria shall not fly for the purpose of public transport or dropping or projecting any material for agricultural, public health or similar purposes unless‐

Provided that an aircraft may, notwithstanding that sub‐paragraphs (a) and (b) of this regulation have not been complied with in relation to the radio station therein, fly for the sole purpose of enabling persons to be trained to perform duties in aircraft.

[Fourth Schedule.]

Provided that, upon approving a maintenance schedule, the Minister may direct that certificates of maintenance relating to that schedule, or to any part thereof specified in his direction, may be issued only by the holder of such a licence as is so specified.

Provided that in the case of a number of consecutive flights beginning and ending on the same day and with the same person as commander of the aircraft, the commander of an aircraft‐

7. Inspection, overhaul, repair, replacement and modification
(1) An aircraft registered in Nigeria, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force, shall not fly if any part of the aircraft or of such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced or modified or has been inspected as provided in paragraph (7) (b) of regulation 5 of these Regulations, unless there is in force a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair, replacement, modification or inspection, as the case may be:

Provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable‐
(a) for the repair or replacement to be carried out in such manner that a certificate of compliance can be issued under this regulation in respect thereof; or
(b) for such a certificate to be issued while the aircraft is at that place, the aircraft may fly to a place at which such a certificate can be issued, being the nearest place
(i) to which the aircraft can in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and
(ii) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board, and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Minister within ten days thereafter.

[Fifth Schedule.]
(b) in the case of a public transport aircraft, radio apparatus provided for use therein or in any survival craft carried therein, whether or not such apparatus is provided in compliance with these Regulations or any regulation made thereunder, shall be installed, or placed on board for use, in an aircraft registered in Nigeria after being overhauled, repaired, or modified, unless there is in force in respect thereof at the time when it is installed or placed on board, a certificate of compliance issued in accordance with this regulation and, relating to the overhaul, repair or modification, as the case may be.

[Fourth Schedule.]

8. Licensing of aircraft maintenance engineers
(1) The Minister may grant to any person a licence to act for the purposes of these Regulations as an aircraft maintenance engineer, or an aircraft radio maintenance engineer, of one of the categories specified in the Fourth Schedule to these Regulations, upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by his knowledge and experience to do so, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests as the Minister may require of him. The Minister may include a rating in the licence limiting the licence to particular types of aircraft or equipment.

[Fourth Schedule.]

[Fourth Schedule.]

9. Equipment of aircraft
(1) An aircraft shall not fly unless it is so equipped as to comply with the law of the country in which it is registered, and to enable lights and markings to be displayed, and signals to be made, in accordance
with these Regulations and any regulations made thereunder.

[Fifth Schedule.]

[Fifth Schedule.]

10. Radio equipment of aircraft
(1) An aircraft shall not fly unless it is so equipped with radio apparatus as to comply with the law of the country in which the aircraft is registered and to enable communications to be made, and the aircraft to be navigated, in accordance with the provisions of these Regulations and any other regulations made thereunder.

[Sixth Schedule.]

11. Aircraft, engine and propeller log books to be kept
(1) In addition to any other log books required by or of under these Regulations, the following log books shall be kept be in respect of every public transport aircraft and aerial work aircraft registered in Nigeria‐
(a) an aircraft log book;
(b) a separate log book in respect of each engine fitted in the aircraft; and
(c) a separate log book in respect of each variable pitch propeller fitted to the aircraft.

The log books shall include the particulars respectively specified in the Seventh Schedule to these Regulations.

[Seventh Schedule.]

12. Aircraft weight schedule
(1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force shall be weighed, and the position of its centre of gravity determined, at such time and in such manner as the Minister may require in the case of that aircraft.
(2) Upon the aircraft being weighed as aforesaid, the operator of the aircraft shall prepare a weight schedule showing the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the weight schedule; and showing the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight.

13. Access and inspection for airworthiness purposes
The Minister may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part of these Regulations, and any person authorised to do so in writing by the Minister may at any reasonable time inspect any part of, or material intended to be incorporated in or used in the manufacture of any part of an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or aircraft factory.

PART III - Aircraft crew and licensing
14. Composition of crew of aircraft
(1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the country in which it is registered.

[Eighth Schedule.]
(5) An aircraft registered in Nigeria, which is required by the provisions of regulation 10 of these Regulations to be equipped with radio communication apparatus shall carry a flight radio operator as a member of the flight crew, who, if he is required to operate radiotelegraph apparatus, shall be carried in addition to any other person who is carried in accordance with this regulation to perform other duties.

Table
Column 1 Column 2
20‐ 50 passengers 1 person
51‐ 100 passengers 2 persons
100‐ 150 passengers 3 persons
Over 150 passengers 4 persons

15. Members of flight crew shall hold licences
(1) Subject to the provisions of this regulation, a person shall not act as a member of the flight crew of an aircraft registered in Nigeria unless he is the holder of an appropriate licence granted or rendered valid under these Regulations:
Provided that a person may, within Nigeria, act as a flight radiotelephony operator without being the holder of such a licence if‐
(a) he does so as the pilot of a glider not flying for the purpose of public transport or aerial work, or as a person being trained in an aircraft registered in Nigeria to perform duties as a member of the flight crew of an aircraft; and

16. Grant and renewal of licences to members of flight crew
(1) The Minister may grant licences subject to such conditions as he thinks fit of any of the following classes‐
(a) Student Pilot's licence;
(b) Private Pilot's licence (flying machines);
(c) Commercial Pilot's licence (flying machines);
(d) Senior Commercial Pilot's licence (flying machines);
(e) Airline Transport Pilot's licence (flying machines);
(f) Private Pilot's licence (balloons and airships);
(g) Commercial Pilot's licence (balloons);
(h) Commercial Pilot's licence (airships);
(i) Commercial Pilot's licence (gliders);
(j) Flight navigator's licence;
(k) Flight Engineer's licence;
(l) Flight radiotelephony operator's general licence;
(m) Flight radiotelephony operator's restricted licence;
(n) Flight radiotelephony operator's licence;
(o) Flight radiotelephony operator's temporary licence,

upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Minister may require of him. A licence of any class shall not be granted to any person who is under the minimum age specified for that class of licence under Part A of the Ninth Schedule of these Regulations.
(2) Subject to any conditions of the licence, a licence shall entitle the holder to perform the functions specified in respect of that licence in Part A of the Ninth Schedule under the heading "privileges":

[Part A.]
Provided that‐
(a) subject to the provisions of paragraph (10) of this regulation, and paragraph (4) of regulation 15 and paragraph (1) of regulation 19 of these Regulations, a person shall not be entitled to perform any of the functions specified in Part B of the Ninth Schedule in respect of a rating unless his licence includes that rating;

[Part B.]

17. Validation of licences granted outside Nigeria
The Minister may issue a certificate of validation rendering valid for the purpose of these Regulations any licence of a member of the flight crew of an aircraft granted under the law of any country other than Nigeria. A certificate of validation may be issued subject to such conditions and for such period as the Minister thinks fit.

18. Personal flying log book
Every member of a flight crew of an aircraft registered in Nigeria and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under these Regulations or undergoing tests or receiving instruction in flying for admission into any of the naval, military or air forces, shall keep a personal flying log book in which the following particulars shall be recorded‐
(a) the name and the address of the holder of a log book;
(b) particulars of holder's licence (if any) to act as a member of the flight crew of an aircraft;
(c) the name and address of his employer (if any);
(d) particulars of all flights made as a member of the flight crew of aircraft, including‐
(i) the date, time, duration and places of arrival and departure of the flight;
(ii) the type and registration marks of the aircraft;
(iii) the capacity in which the holder acted in flight;
(iv) particulars of any special conditions under which the flight was conducted, including night flying and instrument flying;
(v) particulars of any test or examination undertaken whilst in flight.

19. Instruction in flying

[Ninth Schedule.]
(iii) if payment is made for the instruction, such licence entitles the holder to act as pilot in command of an aircraft flying for the purpose of public transport:

Provided that sub‐paragraph (iii) of this paragraph shall not apply if the aircraft is owned or operated under arrangements entered into by a flying club of which both the person giving and the person receiving the instruction are members.

20. Minimum age of a glider pilot
A person under the age of sixteen years shall not act as the pilot in command of a glider.

PART IV - Operation of aircraft
21. Operations manual
(1) This regulation shall apply to public transport aircraft registered in Nigeria except aircraft used for the time being solely for flights not intended to exceed sixty minutes in duration, which are either‐

Provided that the operations manual shall not be required to contain any information or instructions available in the flight manual accessible to the persons by whom the information or instructions may be
required.

[Fifth Schedule.]

22. Responsibilities of a public transport operator
(1) The operator of an aircraft registered in Nigeria shall not permit the aircraft to fly for the purpose of public transport without first‐

Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire‐fighting, search, rescue or other services which are required only after the occurrence of an accident.

[Part B.]

23. Loading of public transport aircraft
(1) The operator of an aircraft registered in Nigeria shall not cause or permit it to be loaded for a flight for the purpose of public transport or any load to be suspended therefrom except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that‐

Provided that this paragraph shall not apply in relation to a flight if‐
(a) the aircraft's maximum total weight authorised does not exceed 2,500 lbs.; or
(b) the aircraft's maximum total weight authorised does not exceed 6,000 lbs. and the flight is intended not to exceed sixty minutes in duration and is either‐
(i) a flight solely for training persons to perform duties in an aircraft; or
(ii) a flight intended to begin and end at the same aerodrome.

Provided that the foregoing requirements of this paragraph shall not apply if‐

Table
lbs.
Males over 12 years of age ......................... 165
Females over 12 years of age ....................... 143
Children aged 2 years or more, but not over 12 years of age ..... 85
Infants under 2 years of age ........................ 17

24. Operating conditions for public transport aircraft
(1) An aircraft registered in Nigeria shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless such requirements as may be prescribed in respect of its weight and related performance are complied with.

[Twelfth Schedule.]

25. Weather condition for aircraft not registered in Nigeria
(1) An aircraft registered in a country other than Nigeria shall not fly for the purpose of public transport unless the operator thereof shall have furnished to the Minister such particulars as he may, from time to time, have required relating to the weather conditions specified by the operator in relation to aerodromes in Nigeria for the purpose of limiting their use by the aircraft for take‐off or landing, including any instructions given by the operator in relation to such weather conditions.

26. Pre‐flight action by commander of aircraft
The commander of an aircraft registered in Nigeria shall satisfy himself before the aircraft takes off-
(a) that the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

27. Pilots to remain at controls
(1) The commander of an aircraft registered in Nigeria, being a flying machine or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight.

28. Duties of commander of aircraft for transporting passengers
(1) This regulation applies to flights for the purpose of the public transports of passengers by aircraft registered in Nigeria.

Provided that in relation to lifejackets, this requirement may, except in the case of a seaplane, be complied with at any time before the aircraft reaches a point beyond gliding distance from land;

29. Operation of radio in aircraft
(1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the country in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law.

Provided that-
(a) the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and

30. Towing of gliders
(1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which that aircraft is registered includes an express provision that it may be used for that purpose.

31. Towing picking up and raising of persons and articles
(1) Subject to the provisions of this regulation, an aircraft in flight shall not, by means external to the aircraft, tow any articles, other than a glider, or pick up or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered includes an express provision that it may be used for that purpose.

32. Dropping of persons and articles
(1) Articles and animals (whether or not attached to a parachute) shall not be dropped, or permitted to drop, from an aircraft in flight so as to endanger persons or property.

Provided that this paragraph shall not apply to the descent of persons by parachute from an aircraft in an emergency, or to the dropping of articles by, or with the authority of, the commander of the aircraft in the following circumstances‐
(a) the dropping of articles for the purpose of saving life;
(b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;
(c) the dropping of ballast in the form of fine sand or water;
(d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of these Regulations;
(e) the dropping at an aerodrome in accordance with prescribed regulations, of ropes, banners or similar articles towed by aircraft.

33. Carriage of munitions of war prohibited
(1) An aircraft shall not carry any munitions of war.

34. Carriage of dangerous goods
(1) Dangerous goods shall not be carried in an aircraft except as follows‐
(a) goods carried in accordance with any regulations which the Minister may make to permit dangerous goods to be carried either in an aircraft generally or in an aircraft of any class or type specified in the Regulations;
(b) goods carried with the written permission of the Minister and in accordance with any conditions to which such permission may be subject;
(c) goods carried in an aircraft with the consent of the operator thereof for the purpose of ensuring the proper navigation or safety of the aircraft or the well‐being of any person on board;
(d) goods permitted to be carried under the laws of the country in which the aircraft is registered, if there is in force in relation to such country an agreement between the Federal Government of Nigeria and the government of that country permitting the carriage of dangerous goods within Nigeria in aircraft registered in that country.

35. Method of carriage of persons
A person shall not be in or on any part of an aircraft which is not a part designed for the accommodation of persons, and in particular a person shall not be on the wings or under‐carriage of an aircraft. A person shall not be in or on any object, other than a glider or flying machine, towed by or attached to an aircraft in flight:
Provided that a person may have temporary access to‐
(a) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person, animal or goods therein;

36. Exits and break‐in markings
(1) This regulation shall apply to every public transport aircraft registered in Nigeria.

Imperilling safety of aircraft
37. Imperilling safety of aircraft
A person shall not wilfully or negligently act in a manner likely to endanger an aircraft or any person therein.

38. Imperilling safety of any person or property
A person shall not wilfully or negligently cause or permit an aircraft to endanger any person or property.

39. Drunkenness in aircraft
(1) A person shall not enter any aircraft when drunk or be drunk in any aircraft.

40. Smoking in aircraft
(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in Nigeria so as to be visible from each passenger seat therein.

41. Authority of commander of aircraft
Every person in an aircraft registered in Nigeria shall obey all lawful commands which the commander of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

42. Stowaways
A person shall not secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander thereof or of any other person entitled to give consent to his being carried in the aircraft.

PART V - Fatigue of flight crew
43. Application, interpretation and modification of Part V
(1) Regulations 44 to 48, inclusive, of these Regulations shall apply in relation to an aircraft if, but only if, it is an aircraft registered in Nigeria which is either‐
(a) engaged on a flight for the purpose of public transport; or
(b) operated by an air transport undertaking:
Provided that the said Regulations shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or a flying school, or a person who is not an air transport undertaking.

Provided that where two or more periods which would, but for this proviso, be separate duty periods, are separated by an interval of less than ten hours, the period starting when the first of those duty periods began and finishing when the last of them ended shall be treated as constituting a single continuous duty period;
(c) "rest period", in relation to any person, means any continuous period, no part of which forms part of a duty period of that person.

Provided that when he is not flying in an aircraft‐
(a) subject to paragraph (c) of this proviso, he shall not be treated as being on duty during any period which he is allowed for rest;

44. Duties of operators to prevent fatigue to flight crew
It shall be the duty of every operator of an aircraft to which this regulation applies to ensure, as respects each person flying as a member of the flight crew of that aircraft, that the periods during which that person is required or permitted by that operator to carry out any work or other duties are so limited in length and frequency, and that that person is afforded such periods for rest, that his said work and duties are not likely to cause him such fatigue while he is flying in the aircraft as may endanger the safety thereof.

45. Limits on flying time, duty periods and rest periods
(1) Without prejudice to the provisions of regulation 44 of these Regulations, and for the purposes of securing that the requirements of those provisions are complied with, every operator of an aircraft to which this regulation applies, shall establish for every person flying in that aircraft as a member of the flight crew thereof‐

Provided that the said discretion shall not be exercisable unless the following conditions are fulfilled, that is to say‐
(a) that it appears to the commander that‐
(i) arrangements had been made for the flight to be made with such a crew and so as to begin and end at such times that if the flight had been made in accordance with those arrangements each member of the crew would have observed the limits and have had the minimum rest periods established by the operator and applicable to them as aforesaid, and that since those arrangements were made, the flight has been or will be prevented from being made in accordance with those arrangements by reason of exceptional circumstances or by reason of circumstances which were not foreseen as likely to prevent that flight from being so made; or
(ii) the flight is one which ought to be carried out in the interests of the safety or health of any person; and
(b) the commander is satisfied that the safety of the aircraft on that flight will not be endangered if he or that other person makes that flight.

46. Maximum flying duty periods for pilots and flight engineers
(1) Without prejudice to the provisions of regulation 44 of these Regulations, a person shall not fly in an aircraft to which this regulation applies as a pilot or flight engineer thereof in the course of any duty period of that person after more than the specified time has elapsed since the beginning of that duty period.

Provided that if before the commencement of that flight and during the duty period in the course of which he makes that flight, there has been a period of not less than seven continuous hours throughout which that person has not flown in any aircraft, the foregoing provisions of this subparagraph shall have effect in relation to that flight as if fourteen hours were substituted therein for twelve hours;

Provided that the foregoing provisions of this sub‐paragraph shall have effect in relation to that flight as if 24 hours were substituted therein for sixteen hours if three or more persons are carried in the aircraft as pilots thereof and the following conditions are fulfilled‐
(i) at least two of the pilots are duly qualified by their respective licences to act as a commander of the aircraft for the purposes of that flight;

Provided that the foregoing provisions of this sub‐paragraph shall have effect in relation to that flight as if 24 hours were substituted therein for sixteen hours if two or more persons are carried in the aircraft as flight engineers thereof and the following conditions are fulfilled‐
(i) at least one of the flight engineers is carried in addition to the members of the flight crew who are required to be carried in the circumstances of the flight by or under these Regulations;

47. Minimum rest periods for flight crew

Without prejudice to the provisions of regulation 44 of these Regulations, a person shall not fly in an aircraft to which this regulation applies as a member of the flight crew thereof, unless immediately before the duty period in the course of which he makes that flight he had a sufficient rest period that is to say, a rest period of a length not less than the minimum length specified in the first column of the Table set out at the end of this regulation and therein set opposite to the length specified in the second
column of that Table which corresponds to the length of the duty period of that person which immediately precedes that rest period.

Table A

Minimum length of sufficient rest period Length of immediately preceding duty period

10 hours .......................Not exceeding 10 hours
11 hours .......................Exceeding 10 but not exceeding 11 hours
12 hours ......................Exceeding 11 but not exceeding 12 hours
13 hours ......................Exceeding 12 but not exceeding 13 hours
14 hours ......................Exceeding 13 but not exceeding 14 hours
15 hours ......................Exceeding 14 but not exceeding 15 hours
16 hours ......................Exceeding 15 but not exceeding 16 hours
18 hours ......................Exceeding 16 but not exceeding 17 hours
20 hours ......................Exceeding 17 but not exceeding 18 hours
22 hours ......................Exceeding 18 but not exceeding 19 hours
24 hours ......................Exceeding 19 but not exceeding 20 hours
26 hours ......................Exceeding 20 but not exceeding 21 hours
28 hours ......................Exceeding 21 but not exceeding 22 hours
30 hours ......................Exceeding 22 but not exceeding 23 hours
32 hours ......................Exceeding 23 hours:

Provided that where a rest period taken by a person at a place which is outside Nigeria and, if he ordinarily resides outside Nigeria, is not within fifty miles of his ordinary place of residence, it shall be deemed to be a sufficient rest period if it includes a period of eight hours falling between 2200 and 0800 hours local time and is of a length not less than the minimum length specified in the first column of Table B in this regulation and therein set opposite to the length specified in the second column of that Table which corresponds to the length of the duty period of that person which immediately precedes that rest period.
Table B

Minimum length of sufficient rest period Length of immediately preceding duty period

10 hours .................... Not exceeding 10 hours
11 hours .................... Exceeding 10 but not exceeding 11 hours
12 hours .................... Exceeding 11 but not exceeding 12 hours
13 hours .................... Exceeding 12 but not exceeding 14 hours
14 hours .................... Exceeding 14 but not exceeding 17 hours
15 hours .................... Exceeding 17 but not exceeding 19 hours
16 hours .................... Exceeding 19 but not exceeding 21 hours
17 hours .................... Exceeding 21 but not exceeding 23 hours
18 hours .................... Exceeding 23 hours

48. Records of flight times duty period etc.
(1) The operator of an aircraft to which this regulation applies shall not cause or permit any person to fly therein unless the operator has in his possession an accurate and up‐to‐date record maintained by him or by another operator of aircraft in respect of that person and in respect of the 28 days immediately preceding the flight showing‐

49. Maximum flight times for flight crew
(1) A person shall not fly in any aircraft registered in Nigeria as a member of the flight crew thereof at any time on any day after the aggregate of all his flight times (whether arising from flight in an aircraft to which this regulation applies or in any other aircraft) during the period of 28 consecutive days expiring at the end of that day, amounts to 110 hours.

50. Provision for particular cases
(1) Notwithstanding anything contained in regulations 46, 47 and 49 of these Regulations (in these Regulations referred to as "the relevant Regulations"), a person shall be deemed not to have contravened any of the provisions of those Regulations by reason of a flight made at any time by that person or by another person if the first‐mentioned person proves‐

PART VI - Documents
51. Documents to be carried
(1) An aircraft shall not fly unless it carries the documents which it is required to carry under the law of the country in which it is registered.

[Eleventh Schedule.]

Provided that, if the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than Nigeria, the documents may be kept at that aerodrome instead of being carried in the aircraft.

52. Production of documents
(1) The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person‐
(a) the certificates of registration and airworthiness in force in respect of the aircraft;
(b) the licences of its flight crew;
(c) such other documents as the aircraft is required by regulation 51 of these Regulations to carry when in flight.
(2) The operator of an aircraft registered in Nigeria shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person being documents which are required by or under these Regulations, to be in force or to be carried or preserved‐
[Eleventh Schedule.]

53. Preservation of documents, etc.
A person required by these Regulations to preserve any document by reason of his being the operator of the aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the documents as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document shall fall upon his personal representative:

Provided that if‐
(a) another person becomes the operator of the aircraft and it remains registered in Nigeria he or his personal representative shall deliver to that other person upon demand, the certificates of maintenance and compliance, the log books and the weight schedule which are in force or required to be preserved in respect of that aircraft;

54. Revocation, suspension and variation of certificates, etc.
(1) The Minister may, if he thinks fit, provisionally suspend any certificate, licence, approval, permission, exemption or other document issued or granted under these Regulations, pending investigation of the case and the Minister may, on sufficient ground being shown to his satisfaction after due enquiry, revoke, suspend or vary any such certificate, licence, approval, permission, exemption or other document.

55. Offences in relation to documents
(1) A person shall not with intent to deceive‐
(a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he is not entitled; or

[Second Schedule.]

PART VII - Control of air traffic
56. Rules of the Air and Air Traffic Control
(1) The Minister may make rules (in these Regulations referred to as "the Rules of the Air and Air Traffic Control") prescribing‐
(a) the manner in which aircraft may move and fly;
(b) the lights and other signals to be shown or made by aircraft or persons;
(c) the lighting and marking of aerodromes;
(d) the air traffic control services to be provided at aerodromes including in particular the licensing of persons providing such services;
(e) any other provisions for securing the safety of aircraft in flight and in movement and the safety of persons and property on the surface.

57. Power to prohibit or restrict flying
(1) Where the Minister deems it necessary in the public interest to restrict or prohibit flying over any area of Nigeria or along any route therein by reason of‐
(a) the intended gathering or movement of a large number of persons;
(b) the intended holding of an aircraft race or contest or of an exhibition of flying;
(c) national defence; or
(d) any other reason affecting the public interest, the Minister may make regulations prohibiting, restricting or imposing conditions on flight, either generally or in relation to any class or type of aircraft, over any such area or along any such route, and an aircraft shall not fly in contravention of such regulations.

58. Balloons, kites and airships
(1) Within Nigeria‐
(a) a captive balloon or kite shall not be flown at a height of more than 200 feet above the groundlevel or within 200 feet of any vessel, vehicle or structure;

PART VIII - Air routes and airways, aerodromes, lights and other facilities

59. Designation of air routes and airways
(1) The Minister may designate as an air route a defined airspace identified, to the extent necessary, for the application of flight rules and forming a route between two points.

60. Use of Government aerodromes
The Minister may cause to be notified, subject to such conditions or restrictions as he thinks fit, any Government aerodrome as an aerodrome available for public use.

61. Licensing of aerodromes
(1) Upon application by the proprietor of any place, the Minister may issue to him in respect of such place an airport licence containing such conditions and restrictions as the Minister thinks fit; and a licence so issued shall, subject to the provisions of regulation 54 of these Regulations, remain in force for such period as may be specified in the licence.

Provided that the Minister may waive the foregoing requirements in the case of an aerodrome licensed for private use only.

62. Places authorised as aerodromes
Subject to the provisions of these Regulations, the Minister may, by specific or general description, authorise the use of any place as an aerodrome for the purposes of the landing and taking off of such classes or types of aircraft engaged in such classes of operations and subject to such conditions as the
Minister specifies in the instrument of authorisation.

63. Use of aerodromes
(1) Subject to the provisions of these Regulations, an aircraft shall not land at or take off from any place in Nigeria other than‐
(a) a Government aerodrome notified as available for public use;
(b) a licensed aerodrome;
(c) a place authorised by the Minister for use as an aerodrome.

64. Power to give directions
The Minister may, in relation to any aerodrome or air route or airway or air route facility or airway facility, issue such directions as he considers necessary to ensure the safety of aircraft or compliance with any standards or recommended practices or procedures adopted from time to time in pursuance of the Chicago Convention.

65. Rights of Government aircraft
Notwithstanding anything contained in these Regulations, all aircraft belonging to or employed in the service of the Government of the Federation of Nigeria shall have access at all times to any Government or licensed aerodome.

66. Customs airports
(1) The aerodromes at the places named in the first column of the Thirteenth Schedule to these Regulations are aerodromes where facilities for the purposes of enactments relating to customs, health and immigration are available at all times. The aerodromes at the places named in the second column of the said Schedule are aerodromes where such facilities as are mentioned above are available during the hours of 0730 to 1530 every Monday to Friday, but any aircraft wishing to land at or depart from any of the said aerodromes outside those hours shall give at least 48 hours' prior notice of such landing or departure to the customs, health and immigration authorities at the place where the aerodrome is situated. The aerodrome mentioned in the third column of the said Schedule is one where such facilities as are aforementioned would not normally be available but any aircraft wishing to land at or depart from that aerodrome for the purpose of such enactments shall give at least 48 hours' prior notice of such landing or departure to the customs, health and immigration authorities at the place where the aerodrome is situated.

[LN. 28 of 1979. Thirteenth Schedule.]

[Thirteenth Schedule.]

67. Use of aerodromes by aircraft of Contracting States
The person in charge of any aerodrome in Nigeria which is open to public use by aircraft registered in Nigeria (whether or not the aerodrome is a licensed airport) shall cause the aerodrome, and all air navigation facilities provided thereat or in connection therewith, to be available for use by aircraft registered in other Contracting States on the same terms and conditions as for use by aircraft registered in Nigeria.

68. Noise and vibration on aerodromes
(1) With reference to subsection (1) of section 10 of the Act, the conditions under which noise and vibration may be caused by aircraft (including military aircraft) on Government airports, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft, shall be as follows, that is to say, that whether in the course of the manufacture of the aircraft or otherwise‐
(a) the aircraft is taking off or landing; or
(b) the aircraft is moving on the ground or water; or
(c) the engines are being operated in the aircraft‐
(i) for the purpose of ensuring their satisfactory performance; or
(ii) for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or
(iii) for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.

69. Trading within Government aerodromes
(1) Subject to the provisions of this regulation, a person shall not, within a Government aerodrome, either personally or by his servant or agent, or as the servant or agent of another person‐
(a) sell, for delivery within the aerodrome, or supply any goods or services; or
(b) carry on, or solicit for, any business; or
(c) erect, display or distribute, or communicate by sound, any advertisement or public notice, except in accordance with an authority granted under regulation 70 of these Regulations and the terms and conditions of that authority.

70. Authority to trade
(1) The Minister may, by writing under his hand, grant to a person an authority to do, either personally or by his servants or agents or both, any act or thing which apart from such authority would be prohibited by regulation 69 of these Regulations.

71. Aeronautical lights and other facilities
(1) A person shall not establish or maintain within Nigeria any aeronautical light or air route or airway facility except with the permission of the Minister and in accordance with any conditions subject to which the permission may be granted.

72. Dangerous lights
(1) A person shall not in Nigeria exhibit at or in the neighbourhood of an aerodrome or in the neighbourhood of an air route or airway facility any light which is liable to endanger the safety of aircraft, whether by reason of glare or by causing confusion with or preventing clear reception of any aeronautical light or air route or airway facility established and maintained by or with the permission of the Minister.

74. Power to prevent aircraft flying
(1) If it appears to the Minister or an authorised person that any aircraft is intended or likely to be flown‐
(a) in such circumstances that any provision of regulations 1, 3, 4, 14, 15, 23 or 33 of these Regulations would be contravened in relation to the flight; or

75. Right of access to aerodromes and other places
(1) The Minister and any authorised person shall have the right of access at all reasonable times‐
(a) to any aerodrome ,for the purpose of inspecting the aerodrome; or

Provided that, subject to paragraph (2) of this regulation, access to a Government aerodrome shall only be obtained with permission of the person in charge of the aerodrome.

[Fourteenth Schedule.]

Provided that an aerodrome permit issued under this paragraph shall not entitle the holder thereof to enter any customs bonded warehouse.

76. Obstruction of persons
A person shall not wilfully obstruct or impede any person acting in the exercise of his powers or the performance of his duties under these Regulations.

77. Enforcement of directions
Any person who fails to comply with any direction given to him by the Minister or by any authorized person under any provision of these Regulations or any regulations made thereunder, shall be deemed for the purposes of these Regulations to have contravened that provision.

78. Fees
(1) The Minister may prescribe the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document (including the issue of a copy thereof) or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval required by, or for the purpose of these Regulations or any regulations made thereunder, and may also prescribe the conditions of use, including the charges to be made for the use of any Government aero dome by aircraft (including military aircraft).

79. Penalties
(1) If any provision of these Regulations or any other regulation made thereunder is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof, if the operator or, as the case may be, the commander, is not the person who contravened that provision shall (without prejudice to the liability of any other person under these Regulations for that contravention) be deemed for the purposes of the following provisions of this regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

[Part A. Fifteenth Schedule.]

[Part B. Fifteenth Schedule.]

80. Extra‐territorial effect of the Regulations
Except where the context otherwise requires, the provisions of these Regulations‐

81. Power to make Regulations
The Minister may make regulations for prescribing anything which, under the provisions of these Regulations is to be prescribed.

82. Application of Regulations
(1) Subject to the following provisions of this regulation, the provision of these Regulations shall apply to or in relation to aircraft belonging to or exclusively employed in the service of the Federal or State Governments, not being military aircraft, as they apply to or in relation to other aircraft which are registered in Nigeria or are capable of being so registered and for the purposes of such application, the authority for the time being responsible on behalf of such Government for the management of the aircraft, shall be deemed to be the operator of the aircraft:
Provided that nothing in this regulation shall render liable to any penalty, any Department or other authority responsible on behalf of any such Government for the management of any aircraft.

83. Exemption
The Minister may exempt from any of the provisions of these Regulations or any other regulation made thereunder any aircraft or persons or classes or types of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.

84. Interpretation
(1) In these Regulations, unless the context otherwise requires‐
"Act" means the Civil Aviation Act;
[Cap. C13.]
"aerial work" means any purpose (other than public transport) for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight;
"aerial work aircraft" means an aircraft (other than a public transport aircraft) flying, or intended by the operator to fly, for the purpose of aerial work;
"aerial work undertaking" means an undertaking whose business includes the performance of aerial work;
"aerobatic manoeuvres" includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre;
"aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the take‐off and landing of aircraft (not being an area the use of which for those purposes has been abandoned);
"air route" means a defined airspace designated by the Minister and notified as an air route;
"air route facilities" means facilities (including visual and non‐visual navigation aids, visual and nonvisual aids to approach and landing at aerodromes, communications services, meteorological services and air traffic control services) provided to promote safe navigation of aircraft within the air space of an air route;
"airway" means a defined airspace designated by the Minister, and notified as an airway;
"airway facilities" means facilities (including visual and non‐visual navigation aids, visual and non‐visual aids to approach and landing at aerodromes, communications services, meteorological services and air traffic control services) provided to promote safe navigation of aircraft within the airspace of an airway;
"aeronautical light" means any light established for the purpose of aiding air navigation;
"aeronautical radio station" means a radio station on the surface, which transmits or receives signals for the purpose of assisting aircraft;
"air traffic control unit" means a person appointed by the Minister or by any other person maintaining an aerodrome to give instructions or advice or both by means of radio signals to aircraft in the interests of safety and "air traffic control service" shall be construed accordingly;
"air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;
"appropriate aeronautical radio station" means, in relation to an aircraft, an aeronautical radio station serving the area in which the aircraft is for the time being;
"appropriate air traffic control unit" means, in relation to an aircraft, the air traffic control unit serving the area in which the aircraft is for the time being;
"authorised person", for the purposes of any provision of these Regulations, means any person authorised by the Minister, either generally or in relation to a particular case or class of cases, and references to an authorised person include references to the holder for the time being of any office designated by the Minister;
"cargo" includes mail and animals;
"certificate of airworthiness" includes any validation thereof and any flight manual or performance schedule relating to the certificate of airworthiness;
"certificate of maintenance" and "certificate of compliance" have the meanings respectively assigned to them by paragraph (1) of regulation 6 and paragraph (3) of regulation 7 of these Regulations;
"Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944, as amended, from time to time;
"class", in relation to aircraft, means class in accordance with the table of general classification of aircraft contained in the First Schedule to these Regulations;
"commander", in relation to an aircraft, means the member of the flight crew designated as commander of that aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft;
"competent authority" means, in relation to Nigeria, the Minister and in relation to any other country, the authority responsible under the law of that country for promoting the safety of civil aviation;
"congested area" in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes;
"Contracting State" means any state (including Nigeria) which is a party to the Chicago Convention;
"controlled airspace" means control areas and control zones;
"control area" means airspace which has been notified as such, and which extends upwards from a notified altitude;
"control zone" means airspace which has been notified as such and which extends upwards from the surface;
"co‐pilot", in relation to an aircraft, means a pilot who in performing his duties as such is subject to the direction of another pilot carried in the aircraft;
"crew" has the meaning assigned to it by paragraph (3) of this regulation;
"flight" and "to fly" have the meanings respectively assigned to them by paragraph (2) of this regulation;
"flight crew", in relation to an aircraft, means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft;
"Government aerodrome" means any aerodrome in Nigeria which is under the control of the Minister or is in the occupation of any Government Department;
"Instrument Flight Rules" means Instrument Flight Rules prescribed under regulation 56 of these Regulations;
"to land", in relation to aircraft, includes alighting on the water;
"licence" includes any certificate of competency or certificate of validity issued with the licence or required to be held in connection with the licence by the law of the country in which the licence is granted;
"licensed aerodrome" means an aerodrome licensed under these Regulations;
"lifejacket" includes any device designed to support a person individually in or on the water;
"lighthouse authority" means any authority in Nigeria in which the care and management of lighthouses is by law vested;
"maximum total weight authorised" in relation to an aircraft means the maximum total weight of the aircraft and its contents at which the aircraft may take off in accordance with the certificate of airworthiness in force in respect of the aircraft;
"military aircraft" includes the naval, military or air force aircraft of any country and‐
(a) any aircraft being constructed for the naval, military or air forces of any country under a contract entered into by the Minister;
(b) any aircraft in respect of which there is in force, a certificate issued by the Minister to the effect that such aircraft is a military aircraft;
"Minister" means the Minister responsible for matters relating to civil aviation;
"nautical mile" means a distance of 6,080 feet;
"night" means the time between sunset and sunrise, sunset and sunrise being determined at surface level;

"notified" means shown in any of the following publications issued in Nigeria whether before or after the coming into operation of these Regulations, that is to say, "Notams" (Notices to Airmen), "Information Circulars", or such other official publication so issued for the purpose of enabling any of the provisions of these Regulations to be complied with;

"operator" has the meaning assigned to it by paragraph (4) of this regulation;

"pilot in command", in relation to an aircraft, means a person who, for the time being, is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
"prescribed" means prescribed by regulations made by the Minister under these Regulations, and the expression "prescribe" shall be construed accordingly;
"prototype aircraft" means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which has not previously been investigated in connection with any such application;
"prototype (modified) aircraft" means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which, in part, has not previously been investigated in connection with any such application;
"public transport" has the meaning assigned to it by paragraph (5) of this regulation;
"public transport aircraft" means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport;
"replacement", in relation to any part of an aircraft, or its equipment, includes the removal and replacement of that part whether or not by the same part, and whether or not any work is done on it, but does not include the removal and replacement of a part which is designed to be removable solely for the purpose of enabling another part to be inspected, repaired, removed or replaced or cargo to be loaded;
"Rules of the Air and Air Traffic Control" has the meaning assigned to it by paragraph (1) of regulation 56 of these Regulations;
"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;
"seaplane" shall be construed as including a flying boat and any other aircraft designed to manoeuvre on the water;
"State aircraft" means military aircraft and aircraft used in customs and police services;
"type", in relation to aircraft or engines, means any design which in the opinion of the Minister constitutes a type;
"Visual Flight Rules" means Visual Flight Rules prescribed under regulation 56 of these Regulations.

Provided that notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub‐paragraph (a) (iii) of this paragraph, it shall not be deemed to be flying for the purpose of public transport of passengers unless hire or reward is given for the carriage of those passengers.

[Part A.]
(7) A power to make regulations under these Regulations shall include the power to make different provisions with respect to different classes or types of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of Nigeria.

85. Saving
Subject to the provisions of regulations 65 and 67 of these Regulations, nothing in these Regulations or any regulations made thereunder shall confer any right to land in any place as against the owner of the land or other persons interested therein.

86. Small aircraft

The provisions of these Regulations, other than regulations 38 and 58 thereof, shall not apply to‐

87. Short title
These Regulations may be cited as the Civil Aviation (Air Navigation) Regulations.

FIRST SCHEDULE

PART A -[Regulation 2 (6), 19 (1) and 84 (8).]
Table of general classification of aircraft

PART B - [Regulation 3 (2).]
Nationality and registration marks of aircraft registered in Nigeria
1. The nationality mark of the aircraft shall be the figure 5 and the capital letter N in Roman character, and the registration mark of the aircraft shall be a group of three capital letters in Roman characters assigned by the Minister on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.

2. The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner‐

I. Position of marks.

II. Size of marks.
(a) Flying machines and gliders
(i) Wings: The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least twenty inches.
(ii) Fuselage (or equivalent structure) or vertical tail surfaces: The marks on the fuselage (or equivalent structure) shall not interfere with the visible outlines of the fuselage (or equivalent structure). The marks on the vertical tail surfaces shall be such as to leave a margin of at least two inches along each side of the vertical tail surface. The letters constituting each group of marks shall be of equal height. The height of the marks shall be at least six inches.

III Width and spacing of marks.
(a) The width of each letter (except the letter I) and the length of the hyphen between the nationality mark and registration mark shall be two thirds of the height of a letter.

3. The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft, and shall always be kept clean and visible.
4. In addition to the foregoing requirements of this Schedule, the nationality and registration marks shall also be inscribed, together with the name and address of the registered owner of the aircraft, on a
fireproof metal plate affixed in a prominent position to the fuselage or car or basket as the case may be, and near the main entrance to the aircraft.

SECOND SCHEDULE
[Regulations 1 (1), (2) (b) (ii), 4 (1) (d), 31 (5) (c) and 55 (5).]

A AND B CONDITIONS
The A conditions or the B conditions referred to in regulations 1 (1), 4, 31 (5) and 55 (5) of these Regulations are as follows‐

A CONDITIONS‐
(1) The aircraft shall be either an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under the provisions of these Regulations, or an aircraft identical in design with an aircraft in respect of which such a certificate is or has been in force.
(2) The aircraft shall fly only for the purpose of enabling it to‐
(a) qualify for the issue or renewal of a certificate of airworthiness or of the validation thereof or the approval of a modification of the aircraft, after an application has been made for such issue, renewal validation or approval, as the case may be; or
(b) proceed to or from a place at which any inspection, test or weighing of the aircraft is to take place for a purpose referred to in sub‐paragraph (a) of this Schedule.
(3) The aircraft and its engines shall be certified as fit for flight by the holder of a licence as an aircraft maintenance engineer entitled in accordance with the provisions of the Fourth Schedule to these Regulations so to certify, or by a person approved by the Minister for the purpose of issuing certificates under this condition.
(4) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation which has previously been in force under these Regulations in respect of the aircraft, or is or has been previously in force in respect of any other aircraft of identical design.
(5) The aircraft shall not carry any passengers of cargo except passengers performing duties in the aircraft in connection with the flight.
(6) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off from or land at a Government aerodrome or a licensed aerodrome in accordance with normal aviation practice.
(7) Without prejudice to the provisions of paragraph (2) of regulation 14 of these Regulations, the aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.

B CONDITIONS‐
(1) The flight shall be made under the supervision of a person approved by the Minister for the purposes of these Conditions, and subject to any additional conditions which may be specified in such approval.
(2) If it is not registered in Nigeria or under the law of any country referred to in regulation 1 of these Regulations, the aircraft shall be marked in a manner approved by the Minister for the purposes of these Conditions, and the provisions of regulations 10, 11, 15, 26, 29, 51 and 52 of these Regulations shall be complied with in relation to the aircraft as if it was registered in Nigeria so far as such provisions are applicable to the aircraft in the circumstances.
(3) The aircraft shall fly only for the purpose of‐
(a) experimenting with or testing the aircraft (including in particular its engines) and its equipment; or
(b) enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft; or
(c) proceeding to or from a place at which any experiment, test, inspection or weighing of the aircraft is to take place for a purpose referred to in sub‐paragraph (a) or (b).
(4) The aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.
(5) The aircraft shall not carry any passengers performing duties in the aircraft in connection with the flight.
(6) The aircraft shall not fly over any congested area of a city, town, or settlement except to the extent that it is necessary to do so in order to take off from or land at a Government aerodrome, a licensed aerodrome or in accordance with normal aviation practice, or at a place approved by the Minister under condition (1).

THIRD SCHEDULE

1. Categories of Aircraft‐
Transport Category (Passenger).
Transport Category (Cargo).
Aerial Work Category.
Private Category.
Special Category.

2. The purposes for which the aircraft may fly are as follows‐
Transport Category (Passenger), any purpose.
Transport Category (Cargo), any purpose, other than the public transport of passengers.
Aerial Work Category: Aerial work only.
Private Category: Any purpose other than public transport or aerial work.
Special Category: Any other purpose specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted.

FOURTH SCHEDULE
Maintenance Engineers: privileges of licences
An aircraft maintenance engineer may, subject to the conditions of his licence, issue certificates as follows‐
Aircraft Maintenance Engineers ‐ Category A (Aircraft) In relation to aircraft (not including engines)‐
(a) certificates of maintenance in accordance with the maintenance schedules approved under these Regulations;
(b) certificates of compliance in respect of inspections, repairs, replacements and modifications so approved;
(c) certificates of fitness of aircraft for flight under the "A Conditions".
Aircraft maintenance engineers ‐ Category B (Aircraft) In relation to aircraft (not including engines)‐

Certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications approved under these Regulations.
Aircraft maintenance engineers ‐ Category C (Engines) In relation to engines‐
(a) certificates of maintenance in accordance with the maintenance schedules approved under these Regulations;
(b) certificates of compliance in respect of inspections, repairs, replacements and modifications so approved;
(c) certificates of fitness of aircraft engines for flight under the "A Conditions".

Aircraft maintenance engineers ‐ Category D (Engines) In relation to engines‐
Certificates of compliance in respect of inspections, overhauls, repairs, replacement and modifications approved under these Regulations.
Aircraft maintenance engineers‐
Category X (Compasses);
Category X (Instruments);
Category X (Electrical);
Category X (Automatic Pilots).

In relation respectively to compasses, instruments, electrical equipment or automatic pilots‐

Aircraft radio maintenance engineers ‐ Category A (Radio) In relation to aircraft radio stations‐
(a) certificates of maintenance in accordance with the maintenance schedules approved under these Regulations;

Aircraft radio maintenance engineers ‐ Category B (Radio) Certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications of any aircraft radio apparatus approved under these Regulations.

FIFTH SCHEDULE
Aircraft equipment
1. Every aircraft registered in Nigeria shall be provided, when flying in the circumstances specified in the first column of the Table set forth in paragraph (4) of this Schedule, with adequate equipment and for the purpose of this paragraph, the expression, "adequate equipment" shall mean the scales of equipment, respectively, indicated in that Table:
Provided that, if the aircraft is flying in a combination of such circumstances the scales of equipment shall not on that account be required to be duplicated.

2. The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether this Schedule is complied with in respect of that aircraft.

3. The following items of equipment shall not be required to be of a type approved by the Minister:
(i) The equipment referred to in Scale A (ii);
(ii) First‐aid equipment and handbook, referred to in Scale B;
(iii) Time‐pieces, referred to in Scale F;
(iv) Torches, referred to in Scale G, Hand J;
(v) Whistles, referred to in Scale H;
(vi) Sea anchors, referred to in Scales I and J;
(vii) Rocket signals, referred to in Scale I;
(viii) Equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale I;
(ix) Paddles referred to in Scale J;
(x) Food and water, referred to in Scale J.

TABLE

Scale A
(i) Spare fuses for all electrical circuits, the fuses of which can be replaced in flight, consisting of ten per cent of the number of each rating or three of each rating, whichever is the greater.
(ii) Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under this regulation, for the intended flight of the aircraft, including any diversion which may reasonably be expected.
(iii) Subject to Scale B (iii), a safety belt or safety harness for every seat in use.

Scale B
(i) First‐aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following‐ Roller bandages, triangular bandages, absorbent gauze, adhesive plaster, white absorbent lint, cotton wool (or wound dressings in place of the lint and cotton wool), bum dressings safety pins; Haemostatic bandages or tourniquet, scissors; Antiseptic, analgesic and stimulant drugs;

Aircraft and Circumstances of Flight Scale of Equipment Required
A B C D E F G H I J K L M N 0 Extras

Provided that the Minister may permit a safety belt to be fitted if he is satisfied that it is not reasonably practicable to fit a safety harness.

Scale C
(i) Equipment for displaying the lights required by the Rules of the Air and Air Traffic Control.

Scale D
(i) Either‐
(a) a turn and slip indicator; or

Scale E
(i) A turn and slip indicator.
(ii) A gyroscopic bank and pitch indicator.
(iii) A gyroscopic direction indicator.
(iv) A sensitive pressure altimeter adjustable for changes in barometric pressure.

Scale F
(i) A time piece with a sweep‐second hand.
(ii) A means of indicating whether the power supply to the gyroscopic instruments is adequate.
(iii) A rate of climb and descent indicator.
(iv) If the maximum total weight authorised of the aircraft is more than 12,500 lb., a means of indicating the outside air temperature.
(v) If the maximum total weight authorised of the aircraft is more than 12,500 lb., two air speed indicators.

Scale G
(i) Landing lights consisting of two single filament lamps, or one dual filament lamp with separately energised filaments.
(ii) An electrical light system to provide illumination in every passenger compartment.
(iii) (a) If the aircraft, in accordance with its certificate of airworthiness, may carry more than nineteen persons over three years of age ‐ two electric torches and an emergency lighting system to provide illumination in the passenger compartments sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in sub‐paragraph (ii) (b) In the case of any other aircraft, one electric torch for each member of the crew of the aircraft.
(iv) In the case of an aircraft of which the maximum total weight authorised exceeds 12,500 lb., means of observing the existence and build up of ice on the aircraft.

Scale H
For each person on board, a life jacket equipped with a whistle and waterproof torch:
Provided that lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.

Scale I
(i) Additional flotation equipment, capable of supporting one fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine.

Provided that in any case in which it is not reasonably practicable owing to lack of stowage space in the dinghy to carry the quantities of condensed milk and water above prescribed, an equal quantity by weight of glucose toffee tablets may be substituted for the former and as large a quantity of fresh water as is reasonably practicable in the circumstances may be substituted for the latter. In no case however shall the quantity of water carried be less than is sufficient, when added to the amount of
fresh water capable of being produced by means of the equipment specified in item (h) of this subparagraph, to provide two pints of water for each person the dinghy is designed to carry;

PART I

Scale K

Part II
i.

Column 1 Column 2 Column 3 Column 4
Attitude above mean sea level at which the flying machine flies. Capability of flying machine to descend (where relevant) Period of supply of oxygen Persons for whom oxygen is to
be provided.

Exceeding 10,000 feet
‐‐‐‐‐‐ 30 Minutes or the period specified at A hereunder whichever is the greater In addition to any passengers for
whom oxygen is provided as specified crew.

Exceeding 10,000 feet but not exceeding 35,000 feet Flying machine is either flying at an altitude not exceeding15,000 feet or is capable descending and continuing
to destination as specified at A hereunder 30 Minutes or the period specified at A hereunder whichever is the greater 10 per cent of number of passengers.
Flying machine is flying at an altitude exceeding 15,000 feet and is not so capable 30 minutes or the period specified at B hereunder whichever is the greater
Flying machine is flying at an altitude exceeding 15,000 feet but not exceeding 35,000 feet Flying machine is capable of descending and continuing to destination as specified at Y hereunder. 30 minutes or the period specified at A hereunder whichever is the greater 15 percent of number of passengers
Exceeding 35,000 feet Flying machine is not so capable 30 minutes or the period specified at B hereunder whichever is the greater All passengers
30 minutes or the period specified at B hereunder whichever is the greater and in addition All passengers
30 minutes or the period specified at C hereunder whichever is the greater 15 percent of passengers

A. The whole period during which, after a failure to maintain a pressure greater than 700 millibars in the control compartment and in the compartments in which passengers are carried has occurred, the flying machine flies at an altitude exceeding 10,000 feet above mean sea level.

B. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies at an altitude exceeding 15,000 feet above mean sea level.

C. The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies at an altitude exceeding 10,000 feet, but not exceeding 15,000 feet above mean sea level.

X. The flying machine is capable at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, from the altitude at which it is then flying to an altitude of 15,000 feet above mean sea level within six minutes, and of continuing at or below that altitude to its place of intended destination or any other place at which a safe landing can be made.

Y. The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, from the altitude at which it is then flying to an altitude of 15,000 feet above mean sea level within four minutes and of continuing at or below that altitude to its place of intended destination or any other place at which a safe landing can be made.

Scale L
Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of the aircraft.

Scale M
Safety harness for every seat in use.

Scale N
An intercommunication system for use by all members of the flight crew and including microphones, not of a hand‐held type, for use by the pilot and flight engineer (if any).

Scale O
A radar set capable of giving warning to the pilot in command of the aircraft of the presence of cumulo‐nimbus clouds and other potentially hazardous weather conditions.
_____________________________

SIXTH SCHEDULE
Radio apparatus to be carried in aircraft
1. Every aircraft registered in Nigeria shall be provided, when flying in the circumstances specified in the first column of the Table set forth in paragraph (2) of this Schedule, with the scales of equipment respectively indicated in that Table:

Provided that, if the aircraft is flying in a combination of such circumstances, the scales of equipment shall not on that account be required to be duplicated.

2. TABLE
Aircraft and circumstances of flight

Scale of equipment required
(1) All aircraft - A B C D
(a) when flying under Instrument Flight Rules within controlled
Airspace
(b) where required by the Rules of the Air and Air Traffic Control to
comply in whole or in part with Instrument Flight Rules in visual
meteorological conditions A B
(c) when flying within any airspace in respect of which special rules
may be prescribed by the said Rules in relation to a particular aerodrome, so as to require two‐way radio communication with that aerodrome A+ B+
(2) All aircraft when flying for the purpose of public transport‐
(a) under Instrument Flight Rules‐
(i) while making an approach to landing A+
(ii) on all other occasions A B C D
(b) under Visual Flight Rules‐
(i) over a route on which navigation is not effected solely by visual reference to landmarks A
(ii) over water, beyond gliding distance from any land A B

Unless the appropriate Air Traffic Control Unit otherwise permits in relation to the particular flight.
3. The scales of radio apparatus indicated in the foregoing Table shall be as follows‐

Scale A
Radio apparatus capable of maintaining two‐way communication with the appropriate aeronautical radio stations.

Scale B
Radio apparatus capable of enabling the aircraft to be navigated on the intended route.

Scale C
Radio apparatus capable of receiving from the appropriate aeronautical radio stations meteorological broadcasts relevant to the intended flight.

Scale D
Radio apparatus capable of receiving signals from one or more aeronautical radio stations on the surface to enable the aircraft to be guided to a point from which a visual landing can be made at the aerodrome at which the aircraft is to land.

4. All aircraft when flying to, from or over Berlin, Germany shall be equipped with radio navigation apparatus appropriate to the route, including automatic direction finding apparatus and anyone of the following‐
(i) apparatus which will enable the aircraft to be navigated by means of signals received from radio navigation land stations forming part of the Decca radio navigation system; or
(ii) apparatus capable of giving both the visual and the aural indications of radio signals received from visual/aural radio ranges; or
(iii) apparatus capable of giving visual indications of bearings of the aircraft by means of signals received from very high frequency omni‐directional radio ranges.

In this sub‐paragraph,
"automatic‐direction finding apparatus" means radio navigation apparatus which automatically indicates the bearing of any radio station transmitting the signals received by such apparatus, and
"visual/aural radio range" means a radio navigation land station the signals from which provide track guidance for aircraft along four paths, two of which are identifiable by visual, and two by aural indications at the receiving station in the aircraft.
______________________________________

SEVENTH SCHEDULE
Aircraft, engine and propeller log books
1. Aircraft log book
The following entries shall be included in the aircraft log book‐
(a) the name of the constructor, the type of the aircraft, the number assigned to it by the constructor and the date of the construction of the aircraft;
(b) the nationality and registration marks of the aircraft;
(c) the name and address of the operator of the aircraft;
(d) particulars of the date and duration of each flight, or, if more than one flight was made on one day, the number of flights and total duration of flights on that day;
(e) particulars of all maintenance work carried out on the aircraft or its equipment;
(f) particulars of any defects occurring in the aircraft or in any equipment required to be carried therein by or under these Regulations, and of the action taken to rectify such defects including a reference to the relevant entries in the technical log required by paragraphs (5) and (6) of regulation 6 of these Regulations;
(g) particulars of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid:

Provided that entries shall not be required to be made under sub‐paragraph (e), (f) and (g) in respect of any engine or variable pitch propeller.

2. Engine log book
The following entries shall be included in the engine log book‐
(a) the name of the constructor, the type of the engine, the number assigned to it by the constructor and the date of the construction of the engine;
(b) the nationality and registration marks of each aircraft in which the engine is fitted;
(c) the name and address of the operator of each aircraft;
(d) particulars of the date and duration of each occasion on which the engine is run in flight, or, if the engine is run on more than one occasion on one day, the number of occasions and the total duration of the running of the engine on that day;
(e) particulars of all maintenance work done on the engine;
(f) particulars of any defects occurring in the engine, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by paragraphs (5) and (6) of regulation 6 of these Regulations;
(g) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.

3. Variable pitch propeller log book
The following entries shall be included in the variable pitch propeller log book‐
(a) the name of the constructor, the type of the propeller, the number assigned to it by the constructor and the date of the construction of the propeller;
(b) the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted;
(c) the name and address of the operator of each such aircraft;
(d) particulars of the date and duration of each occasion on which the propeller is run in flight, or, if the propeller is run on more than one occasion on one day, the number of occasions and the total duration of the running of the propeller on that day;
(e) particulars of all maintenance work done on the propeller;
(f) particulars of any defects occurring in the propeller, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by paragraphs (5) and (6) of regulation 6 of these Regulations;
(g) particulars of any overhauls, repairs, replacements and modifications relating to the propeller.
_________________________________

EIGHTH SCHEDULE
Areas specified in connection with the carriage of flight navigators as members of the flight crew of public transport aircraft

The following areas are hereby specified for the purposes of paragraph (4) of regulation 14 of these Regulations.

Area A‐Arctic
All that area north of latitude 66° 33′ north, excluding any part thereof lying within 300 nautical miles of Norway.

Area B‐Antarctic
All that area south of latitude 50° south.

Area C‐Sahara
All that area enclosed by rhumb lines joining successively the following points‐
32° north latitude...................03° west longitude
24° north latitude...................14° west longitude
14° north latitude...................14° west longitude
18° north latitude...................28° east longitude
24° north latitude...................28° east longitude
28° north latitude...................23° east longitude
32° north latitude...................03 ° west longitude
Area D ‐Arabian Desert

All that area enclosed by rhumb lines joining successively the following points‐
30° north latitude...................38° east longitude
16° north latitude...................46° east longitude
20° north latitude...................52° east longitude
29° north latitude...................43° east longitude
30° north latitude...................38° east longitude
Area E‐South America (Central)
All that area enclosed by rhumb lines joining successively the following points‐
05° north latitude...................75° west longitude
04° north latitude...................60° west longitude
10° south latitude...................40° west longitude
30° south latitude...................60° west longitude
30° south latitude...................70° west longitude
18° south latitude...................69° west longitude
14° south latitude...................75° west longitude
05° south latitude...................80° west longitude
05° north latitude...................75° west longitude
Area F‐South America (Patagonia)
All that area enclosed by rhumb lines joining successively the following points‐
50° south latitude...................75° west longitude
40° south latitude...................75° west longitude
40° south latitude...................62° west longitude
50° south latitude...................65° west longitude
50° south latitude...................75° west longitude
Area G‐Pacific Ocean
All that area enclosed by rhumb lines joining successively the following points‐
50° south latitude...................75° west longitude
20° south latitude...................73 ° west longitude
05° south latitude...................85° west longitude
05° north latitude...................80° west longitude
15° north latitude...................105° west longitude
30° north latitude...................125° west longitude
55° north latitude...................140° west longitude
67° north latitude...................180° west longitude
60° north latitude...................180° west longitude
20° north latitude...................128° east longitude
04° north latitude...................128° east longitude
00° north latitude...................160° east longitude
50° south latitude...................160° east longitude
50° south latitude...................75° west longitude
excluding any part thereof lying within 300 nautical miles of New Zealand.
Area H‐Australia
All that area enclosed by rhumb lines joining successively the following points‐
18° south latitude...................123° east longitude
26° south latitude...................118° east longitude
30° south latitude...................118° east longitude
30° south latitude...................145° east longitude
26° south latitude...................145° east longitude
21 ° south latitude...................140° east longitude
18° south latitude...................123° east longitude
Area I‐Indian Ocean
All that area enclosed by rhumb lines joining successively the following points‐
50° south latitude...................110° east longitude
20° south latitude...................110° east longitude
13° south latitude...................120° east longitude
10° south latitude...................100° east longitude
18° north latitude...................89° east longitude
00° north latitude...................80° east longitude
24° north latitude...................65° east longitude
05° south latitude...................43° east longitude
20° south latitude...................60° east longitude
25° south latitude...................60° east longitude
30° south latitude...................35° east longitude
50° south latitude...................35° east longitude
50° south latitude...................110° east longitude
Area J‐Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points‐
50° south latitude...................15° east longitude
05° south latitude...................10° east longitude
02° north latitude...................05° east longitude
02° north latitude...................10° west longitude
15° north latitude...................25° west longitude
55° north latitude...................15° west longitude
67° north latitude...................40° west longitude
67° north latitude...................60° west longitude
45° north latitude...................45° west longitude
40° north latitude...................63° west longitude
19° north latitude...................63° west longitude
05° south latitude...................30° west longitude
50° south latitude...................55° west longitude
50° south latitude...................15° east longitude
________________________________
NINTH SCHEDULE - Flight crew of aircraft: licence and ratings
PART A‐LICENCES
Minimum age, period of validity, privileges
1. Student pilots
Student Pilots Licence (flying machines, balloons and airships)
Minimum age ‐ seventeen years
Maximum period of validity‐
(a) 24 months, if the holder is less the forty years of age on the date on which the licence is granted or renewed; or
(b) twelve months, if the holder is forty years of age or more on that date.
Privileges of the licence‐
(a) shall entitle the holder to fly as pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot's licence;
(b) shall be valid only for flights within Nigeria and within any other territory specified in the licence;
(c) shall not entitle the holder to fly as pilot in command of an aircraft in which any person is carried;
(d) shall be valid only for flights carried out in accordance with instructions given by a person holding a pilot's licence granted under these Regulations, being a licence which includes a flying instructor's rating or an assistant flying instructor's rating entitling him to give instruction in flying the type of aircraft to be flown.

2. Flying machine pilots
Private Pilot's Licence (flying machines)
Minimum age ‐ seventeen years. Maximum period of validity‐
(a) 24 months, if the holder is less than forty years of age on the date on which the licence is granted or renewed; or
(b) twelve months, if the holder is forty years of age or more on that date.
Privileges of the licence‐
(i) shall entitle the holder to fly as pilot in command or co‐pilot of a flying machine of any of the types specified in the aircraft rating included in the licence, when the aircraft is flying for any purpose other than public transport or aerial work;
(ii) shall not entitle the holder to act as pilot in command by night while carrying any passenger in the aircraft unless a night rating is included in the licence, and unless an instrument rating is included therein or he has within the preceding six months carried out as pilot in command not less than five take‐offs and five landings at a time when the depression of the centre of the sun is not less than twelve degrees below the horizon.

Commercial Pilot's Licence (flying machines),
Minimum age ‐ eighteen years
Maximum period of validity ‐ six months.
Privileges:
In addition to the privileges given above for the Private Pilot's Licence the holder of the licence shall be entitled to fly as(
(i) pilot in command of any flying machine of which the maximum total weight authorized does not exceed 12,500 Ib. and which is of type specified in Part 1 of the aircraft rating included in the licence, when the flying machine is engaged in a flight for the purpose of public transport or aerial work:
Provided that‐
(a) he shall not, unless his licence includes an instrument rating, fly such an aircraft on any scheduled journey;
(b) he shall not fly such an aircraft on a flight carrying passengers at night unless an instrument rating is included in his licence or he has within the immediately preceding ninety days carried out as pilot in command not less than five take‐offs and five landings at a time when the depression of the centre of the sun is not less than twelve degrees below the horizon.
(ii) co‐pilot of any flying machine of a type specified in Part 1 or of such aircraft rating when the flying machine is engaged in a flight for the purpose of public transport or aerial work:

Senior Commercial Pilot's Licence (flying machine),
Minimum age ‐ 21 years
Maximum period of validity ‐ six months.
Privileges:
In addition to the privileges given above for the Private Pilot's Licence the holder of the licence shall be entitled to fly as‐
(i) pilot in command of any flying machine of which the maximum total weight authorised does not exceed 30,000 lb. and which is of a type specified in Part 1 of the aircraft rating included in the licence, when the flying machine is engaged in a flight for the purpose of public transport or aerial work:
Provided that‐
(a) he shall not, unless his licence includes an instrument rating, fly such an aircraft on any scheduled journey;
(b) he shall not fly such an aircraft on a flight carrying passengers at night unless an instrument rating is included in his licence or he has within the immediately preceding ninety days carried out as pilot in command not less the five take‐offs and five landings at a time when the depression of the centre of the sun is not less than twelve degrees below the horizon;
(ii) co‐pilot of any flying machine to a type specified in Part 1 or of such aircraft rating when the flying machine is engaged in a flight for the purpose of public transport or aerial work.

Airline Transport Pilot's Licence (flying machines)
Minimum age ‐ 21 years.
Maximum period of validity ‐ six months
Privileges: In addition to the privileges given above for the Private Pilot's Licence, the holder of the licence shall be entitled to fly as‐
(i) pilot in command of any flying machine of a type specified in Part 1 of the aircraft rating included in the licence when the flying machine is engaged in a flight for the purpose of public transport or aerial work:
Provided that‐
(a) he shall not, unless his licence includes an instrument rating, fly such an aircraft on any scheduled journey;
(b) he shall not fly such an aircraft on a flight carrying passengers at night unless an instrument rating is included in his licence or he has within the immediately preceding ninety days carried out as pilot in command not less than five take‐offs and five landings at a time when the depression of the centre of the sun is not less than twelve degrees below the horizon;
(ii) co‐pilot of any flying machine of a type specified in Part 1 or of such aircraft rating when the flying machine is engaged in a flight for the purpose of public transport or aerial work.
In respect of the privileges of a Private Pilot's Licence the maximum period of validity shall be as given for that licence.

3. Balloon and airships pilots
Private Pilot's Licence (balloons and airships),
Minimum age ‐ seventeen years.
Maximum period of validity‐
(a) 24 months, if the holder is less than forty years of age on the date on which the licence is granted or renewed; or
(b) twelve months, if the holder is forty years of age or more on that date.
Privileges:
The holder of the licence shall be entitled to fly, when the balloon or airship is flying for any purpose other than public transport or aerial work, as‐
(i) pilot in command of any type of balloon or airship specified in Part 1 of the aircraft type rating included in the licence;
(ii) co‐pilot of any type of balloon or airship specified in Part 1 or Part 2 of such aircraft rating.

Commercial Pilot's Licence (balloons),
Minimum age ‐ eighteen years.
Maximum period of validity ‐ six months.
Privileges:
In addition to the privileges given above for the Private Pilot's Licence in respect of balloons, the holder of the licence shall be entitled to fly as pilot in command or co‐pilot of any type of balloon specified in the aircraft rating included in the licence.
In respect of the privileges given above for the Private Pilot's Licence the maximum period of validity shall be as given for that licence.

Commercial Pilot's Licence (airships)
Minimum age ‐ eighteen years.
Maximum period of validity ‐ six months.
Privileges:
In addition to the privileges given above for the Private Pilot's Licence in respect of airships,
the holder of the licence shall be entitled to fly as‐
(i) pilot in command of any airship of a type specified in Part 1 of the aircraft rating included in the licence;
(ii) co‐pilot of any airship of a type specified in Part 1 or Part 2 or such aircraft rating.
In respect of the privileges of a Private Pilot's Licence the maximum period of validity shall be as given for that licence.
4. Glider pilots
Commercial Pilot's Licence (gliders)
Minimum age ‐ eighteen years.
Maximum period of validity ‐ six months.
Privileges:
The holder of the licence shall be entitled to fly as pilot in command or co‐pilot of‐
(a) any glider of which the maximum total weight authorised does not exceed 1,500 lb.;
(b) any glider of which the maximum total weight authorised exceeds 1,500 lb. and which is of a type specified in the rating included in the licence.
5. Other flight crew
Flight Navigator's Licence
Minimum age ‐ 21 years.
Maximum period of validity ‐ twelve months.
Privileges:
The holder of the licence shall be entitled to act as flight navigator in any aircraft.

Flight Engineer's Licence
Minimum age ‐ 21 years.
Maximum period of validity ‐ twelve months.
Privileges:
The holder of the licence shall be entitled to act as flight engineer in any type of aircraft specified in the aircraft rating included in the licence.

Flight Radio‐Telephony Operator's General Licence
Minimum age ‐ eighteen years.
Maximum period of validity ‐ 24 months.
Privileges:
The holder of the licence shall be entitled to operate radio‐telephony apparatus in any aircraft.

Flight Radio‐Telephony Operator's Restricted Licence
Minimum age ‐ seventeen years.
Maximum period of validity ‐ 24 months.
Privileges: The holder of the licence shall be entitled to operate radio‐telephony apparatus in any aircraft if the stability of the frequency radiated by the transmitter is maintained automatically but shall not be entitled to operate the transmitter, or to adjust its frequency, except by the use of external switching devices.

Flight Radio‐telegraphy Operator's Licence
Minimum age ‐ twenty years.
Maximum period of validity ‐ twelve months.
Privileges:
The holder of the licence shall be entitled to operate radio‐telegraphy and radio‐telephony apparatus in any aircraft.

Flight Radio‐telegraphy Operator's Temporary Licence
Minimum age - eighteen years.
Maximum period of validity ‐ twelve months.
Privileges:
The holder of the licence shall be entitled to operate radio‐telegraphy and radio‐telephony apparatus in any aircraft under the supervision of a person who is the holder of a Flight Radiotelegraphy
Operator's licence.
PART B ‐ RATINGS
1. The following ratings may be included in a pilot's licence (other than a student pilot's licence) granted
under Part III of these Regulations, and, subject to the provisions of these Regulations and of the licence, the inclusion of a rating in a licence shall have the consequence respectively specified as follows:
Aircraft Rating: The licence shall entitle the holder to act as pilot only of aircraft of the types specified in the aircraft rating and different types of aircraft may be specified in respect of different privileges of a licence.
Instrument rating (flying machines) shall entitle the holder of the licence to act as pilot of a flying machine flying in controlled airspace in accordance with the Instrument Flight Rules:
Provided that the holder shall not be so entitled unless the licence bears a certificate, signed by a person authorised by the Minister for that purpose, indicating that the holder has, within the previous thirteen months, passed an instrument flying test.
Night Rating (Private Pilot's Licence ‐ flying machines) shall entitle the holder of a private pilot's licence to act as pilot in command of a flying machine carrying passengers by night.
Towing Rating (flying machines) shall entitle the holder of the licence to act as pilot of a flying machine while towing a glider in flight for the purpose of public transport or aerial work.
Flying Instructor's Rating shall entitle the holder of the licence to give instruction in flying aircraft of such types as may be specified in the rating for that purpose. The maximum period of validity of a flying instructor's rating shall be twelve months.
Assistant Flying Instructor's Rating shall entitle the holder of the licence to give instruction in flying aircraft of such types as may be specified in the rating for that purpose:
Provided that‐
(a) such instruction shall only be given under the supervision of a person present during the takeoff and landing at the aerodrome at which the instruction is to begin and end and holding a pilot's licence endorsed with the flying instructor's rating; and
(b) an assistant flying instructor's rating shall not entitle the holder of the licence to give directions to the person undergoing the instruction in respect of the performance by that person of‐
(i) his first solo flight; or
(ii) his first solo flight by night; or
(iii) his first solo cross‐country flight otherwise than by night; or
(iv) his first solo cross‐country flight by night.
The maximum period of validity of an assistant flying instructor's rating shall be twelve months.
2. An aircraft rating may be included in every flight engineer's licence.
The licence shall entitle the holder to act as flight engineer only of aircraft of a type specified in the aircraft rating.
3. For the purposes of this Schedule"
solo flight" means a flight on which the pilot of the aircraft is not accompanied by a person holding a pilot's licence granted or rendered valid under these Regulations;
"cross‐country flight" means any flight during the course of which the aircraft is more than three miles from the aerodrome of departure.
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TENTH SCHEDULE
Public transport ‐ operational requirements
PART A ‐ OPERATIONS MANUAL
Information and instructions relating to the following matters shall be included in the operations manual referred to in paragraph (2) of regulation 21 of these Regulations‐
(i) the number of the crew to be carried in the aircraft, on each stage of any route to be flown, and the respective capacities in which they are to act, and instructions as to the order and circumstances in which command is to be assumed by members of the crew;
(ii) the respective duties of each member of the crew and the other members of the operating staff;
(iii) the particulars referred to in paragraph (7) of regulation 45 of these Regulations;
(iv) such technical particulars concerning the aircraft, its engines and equipment and concerning the performance of the aircraft as may be necessary to enable the flight crew of the aircraft to perform their respective duties;
(v) the manner in which the quantities of fuel and oil to be carried by the aircraft are to be computed and records of fuel and oil carried and consumed on each stage of the route to be flown are to be maintained; the instructions shall take account of all circumstances likely to be encountered on the flight including the possibility of failure of one or more of the aircraft engines;
(vi) the manner in which the quantity, if any, of oxygen and oxygen equipment to be carried in the aircraft for the purpose of complying with scale K in the Fifth Schedule to these Regulations, is to be computed;
(vii) the check system to be followed by the crew of the aircraft prior to and on take‐off, on landing and in an emergency, so as to ensure that the operating procedures contained in the operations manual and in the flight manual or performance schedule forming part of the relevant certificate of airworthiness are complied with;
(viii) the circumstances in which a radio watch is to be maintained;
(ix) the circumstances in which oxygen is to be used by the crew of the aircraft, and by passengers;
(x) communication, navigational aids, aerodromes, local regulations, in‐flight procedures, instrument approach and landing procedures and such other information as the operator may deem necessary for the proper conduct of flight operations; the information referred to in this paragraph shall be contained in a route guide which may be in the form of a separate volume;
(xi) the reporting in flight to the notified authorities of meteorological observations;
(xii) the minimum altitudes for safe flight on each stage of the route to be flown and any planned diversion therefrom, such minimum altitudes being not lower than any which may be applicable under the laws of Nigeria or of the countries whose territory is to be flown over;
(xiii) such matters as are specified in the Twelfth Schedule to these Regulations relating to weather conditions for take‐off and landing;
(xiv) emergency flight procedures, including procedures for the instruction of passengers in the position and use of emergency equipment, and procedures to be adopted when the commander of the aircraft becomes aware that another aircraft or a vessel is in distress and needs assistance:
Provided that in relation to any flight which is not one of a series of flights between the same two places it shall be sufficient if, to the extent that it is not practicable to comply with paragraphs (x), (xii) and (xiii) of this Schedule the manual contains such information and instructions as will enable the equivalent data to be ascertained before take‐off.
PART B‐CREW TRAINING AND TESTS
1. The training, experience, practice and periodical tests required under paragraph (2) of regulation 22 of these Regulations in the case of members of the crew of an aircraft engaged on a flight for the purpose of public transport shall be as follows‐
(1) The crew
Every member of the crew shall‐
(a) have been tested within the relevant period by or on behalf of the operator as to his knowledge of the use of the emergency and life‐saving equipment required to be carried in the aircraft on the flight; and
(b) have practised within the relevant period under the supervision of the operator or of a person appointed by him for the purpose of carrying out of the duties required of him in case of an emergency occurring to the aircraft, either in an aircraft of the type to be used on the flight or in apparatus approved by the Minister for the purpose and controlled by persons so approved.
(2) Pilots
(a) Every pilot included in the flight crew who is intended by the operator to fly as pilot in conditions requiring compliance with Instrument Flight Rules (which conditions are in this Schedule referred to as
"IMC") shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in an aircraft of the type to be used on the flight, including a test of his ability‐
(i) to execute normal and emergency manoeuvres and procedures in flight in such aircraft in IMC, actual or simulated; and
(ii) to use in IMC, actual or simulated, the instruments and equipment provided for use in such conditions in the aircraft to be used on the flight.
(b) A pilot's ability to carry out normal manoeuvres and procedures shall be tested in the aircraft in flight. The other tests required by this sub‐paragraph may be conducted either in the aircraft in flight, or under the supervision of a person approved by the Minister for the purpose by means of apparatus so approved in which flight conditions are simulated on the ground.
(c) Every pilot included in the flight crew whose licence does not include an instrument rating or who, notwithstanding the inclusion of such a rating in his licence, is not intended by the operator to fly as pilot in IMC, shall within the relevant period have been tested, by or on behalf of the operator, in flight in an aircraft of the type to be used on the flight as to his competence to act as pilot thereof, including a test of his ability to execute normal and emergency manoeuvres and procedures.
(3) Flight engineers
Every flight engineer included in the flight crew shall within the relevant period have been tested by or on behalf of the operator, either in flight, or, under the supervision of a person approved by the Minister for the purpose, by means of apparatus so approved in which flight conditions are simulated on the ground, as to his competence to perform the duties of flight engineer in aircraft of the type to be used on the flight, including his ability to execute emergency procedures in the course of such duties.
(4) Flight navigators and flight radio operators
Every flight navigator and flight radio operator whose inclusion in the flight crew is required under paragraphs (4) and (5) respectively of regulation 14 of these Regulations shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in conditions corresponding to those likely to be encountered on the flight‐
(a) in the case of a flight navigator, using equipment of the type to be used in the aircraft on the flight for purposes of navigation;
(b) in the case of a flight radio operator, using radio equipment of the type installed in the aircraft to be used on the flight and including a test of his ability to carry out emergency procedures.
(5) Aircraft commanders
(a) The pilot designated as commander of the aircraft for the flight shall within the relevant period‐
(i) have demonstrated to the satisfaction of the operator that he has adequate knowledge of the route to be taken, the aerodromes of take‐off and landing, and any alternate aerodromes, including in particular his knowledge of the terrain, the seasonal meteorological conditions, the meteorological, communications, and air traffic facilities, services and procedures, the search and rescue procedures, and the navigational facilities relevant to the route;
(ii) have been tested as to his proficiency in using instrument approach‐to‐land systems of the type in use at the aerodrome of intended landing and any alternate aerodromes, such test being carried out either in flight in IMC or IMC simulated by means approved by the Minister, or under the supervision of a person approved by the Minister for the purpose by means of apparatus so approved in which flight conditions are simulated on the ground;
(iii) have carried out as pilot in command not less than three take‐offs and three landings in aircraft of the type to be used on the flight.
(b) In determining whether a pilot's knowledge of the matters referred to in sub‐paragraphs (a) (i) is sufficient to render him competent to perform the duties of aircraft commander on the flight the operator shall take into account the pilot's flying experience in conjunction with the following‐
(i) the experience of other members of the intended flight crew;
(ii) the influence of terrain and obstructions on departure and approach procedures at the aerodromes of take‐off and intended landing and at alternate aerodromes;
(iii) the similarity of the instrument approach procedures and let‐down aids to those with which the pilot is familiar;
(iv) the dimensions of runways which may be used in the course of the flight in relation to the performance limits of aircraft of the type to be used on the flight;
(v) the reliability of meteorological forecasts and the probability of difficult meteorological conditions in the areas to be traversed;
(vi) the nature of air traffic control procedures and familiarity of the pilot with such procedures;
(vii) the influence of terrain on route conditions and the extent of the assistance obtainable on route from navigational aids and air‐to‐ground communication facilities;
(viii) the extent to which it is possible for the pilot to become familiar with unusual aerodrome procedures and features of the route by means of ground instruction and training devices.
(6) For the purposes of this Schedule, the expression "relevant period" means a period which immediately precedes the commencements of the flight, being a period‐
(a) in the case of sub‐paragraph (5) (a) (iii) of this paragraph, of three months;
(b) in the case of sub‐paragraphs (2), (3) and (5) (a) (ii) of this paragraph, of six months;
(c) in the case of sub‐paragraphs (1), (4) and (5) (a) (i) of this paragraph, of twelve months:
Provided that‐
(i) any pilot of the aircraft to whom the provisions of sub‐paragraph (2) or (5) (a) (ii) and any flight engineer of the aircraft to whom the provisions of sub‐paragraph (3) of this paragraph apply shall for the purposes of the flight be deemed to have complied with such requirements respectively within the relevant period if he has qualified to perform his duties in accordance therewith on two occasions within the period of twelve months immediately preceding the flight, such occasions being separated by an interval of not less than four months;
(ii) the requirements of sub‐paragraph (5) (a) (i) shall be deemed to have been complied with within the relevant period by a pilot designated as commander of the aircraft for the flight if, having become qualified so as to act on flights between the same places over the same route more than twelve months before commencement of the flight, he has within the period of twelve months immediately preceding the flight flown as pilot of an aircraft between those places over that route.
7.(1) The records required to be maintained by an operator under paragraph (2) of regulation 22 of these Regulations shall be accurate and up to date records so kept as to show, on any date, in relation to each person who has during the period of two years immediately preceding that date flown as a member of the crew of any public transport aircraft operated by that operator‐
(a) the date and particulars of each test required by this Schedule undergone by that person during the said period including the name and qualifications of the examiner;
(b) the date upon which that person last practised the carrying out of the duties referred to in paragraph 1 (1) (b) of this Schedule;
(c) the operator's conclusions based on each such test and practice as to that person's competence to perform his duties;
(d) the date and particulars of any decision taken by the operator during the said period in pursuance of paragraph 1 (5) (a) (i) of this Schedule including particulars of the evidence upon which that decision was based.
(2) The operator shall whenever called upon to do so by any authorised person produce for the
inspection of any person so authorised all records referred to in the preceding sub‐paragraph and furnish to any such person all such information as he may require in connection with any such records and produce for his inspection all log books, certificates, papers and other documents whatsoever which he may reasonably require to see for the purpose of determining whether such records are complete or of verifying the accuracy of their contents.
(3) The operator shall at the request of any person in respect of whom he is required to keep records as aforesaid furnish to that person, or to any operator of aircraft for the purpose of public transport by whom that person may subsequently be employed, particulars of any qualifications in accordance with this Schedule obtained by such person whilst in his service.
Documents to be carried by aircraft registered in Nigeria.
On a flight for the purpose of public transport‐
Documents A, B, C, D, E, F, and if the flight is international air navigation, document G.
On a flight for the purpose of aerial work‐
Documents A, B, C, E, F, and if the flight is international air navigation document G.
On a flight, being international air navigation, for a purpose other than public transport or aerial work -
documents A, B, C, and G.

For the purposes of this Schedule‐
"A" means any licence to install and operate radio apparatus in the aircraft for the time being in force, and the current telecommunication log book required by these Regulations;
"B" means the certificate of airworthiness in force in respect of the aircraft;
"C" means the licences of the members of the flight crew of the aircraft;
"D" means one copy of the load sheet, if any, required by regulation 23 of these Regulations in respect of the flight;
"E" means one copy of each certificate of maintenance, if any, in force in respect of the aircraft;
"F" means the technical log if any, in which entries are required to be made under paragraph (5) of regulation 6 of these Regulations;
"G" means the certificate of registration in force in respect of the aircraft.
For the purposes of this Schedule‐
"international air navigation" means any flight in which a landing is made outside the State in which the aircraft commences the flight.
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TWELFTH SCHEDULE - Minimum weather conditions for take‐off, approach to landing and landing by public transport aircraft registered in Nigeria
(1) In this Schedule‐
"approach to landing" means that portion of the flight of the aircraft in which it is descending below a height of 1,000 feet above the critical height of the relevant minimum for landing;
"cloud ceiling", in relation to an aerodrome, means the vertical distance from the elevation of the aerodrome to the lowest part of any cloud visible from the aerodrome which is sufficient to obscure more than one half of the sky so visible;
"critical height" means the minimum height above the elevation of the aerodrome to which an approach to landing can safely be continued without visual reference to the ground;
"minimum weather conditions", in relation to an aerodrome, means the cloud ceiling and runway visual range for take‐off and the critical height and runway visual range for landing below which the aircraft cannot safely take off or land (as the case may be) at that aerodrome, and the expression
"relevant minimum" shall be construed accordingly;
"runway visual range", in relation to a runway or landing strip, means the maximum distance in the direction of take‐off or landing, as the case may be, at which the runway or landing strip or the markers or lights delineating it can be seen from a point fifteen feet above its centre line; and in the case of an aerodrome in Nigeria the distance, if any, communicated to the commander of the aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range, shall be taken to be the runway visual range for the time being;
"specified", in relation to an aircraft, means specified in or ascertainable by reference to the operations manual relating to that aircraft.

Provided that, in respect of aerodromes to be used only on a flight which is not a scheduled journey or any part thereof it shall be sufficient to include in the operations manual data and instructions by means of which the appropriate minimum weather conditions can be calculated by the commander of the aircraft.

THIRTEENTH SCHEDULE
Lagos Sokoto Maiduguri
Kano Calabar
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FOURTEENTH SCHEDULE
Aerodrome permit
Regulation 75 (2) of the Civil Aviation (Air Navigation) Regulations
Holder's Name
Rank
Address
The holder of this Aerodrome Permit is a person authorised to have free access to all parts of any
Government or licensed aerodrome in Nigeria, including all parts of any building on such aerodrome.
DATED at.........this...........day of...........20........
Photograph
of
holder
................
Minister of Aviation
Note: This Aerodrome Permit does not give the holder the right to enter any customs bonded
warehouse.
Signature of holder....................
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FIFTEENTH SCHEDULE - Penalties

PART A ‐ PROVISIONS REFERRED TO IN PARAGRAPH (5) OF REGULATION 79
Regulation 1 Regulation 29 (except paragraph (2))
Regulation 3 Paragraph (1) of regulation 39
Paragraph (5) of regulation 7 Paragraph (1) of regulation 40
Regulation 11 Regulation 48
Paragraph (3) of regulation 12 Regulation 53
Regulation 18 Paragraph (2) of regulation 57
Regulation 20 Paragraph (3) of regulation 61
Regulation 21 Regulation 67
Paragraph (5) of regulation 23 Paragraph (1) of regulation 72

PART B‐PROVISIONS R EFERREDTO IN PARAGRAPH (6) OF REGULATION 79
Regulation 4 Paragraph (2) of regulation 40
Paragraph (1) of regulation 6 Regulation 41
Regulation 7 (except paragraph (5)) Regulation 42
Regulation 9 Regulations 44 to 47 inclusive
Regulation 10 Regulation 49
Regulation 12 (except paragraph (3)) Regulation 55 (except paragraph (3))
Regulation 14 Regulation 56 (except paragraph (4))
Regulation 15 Regulation 57 (except paragraph (2))
Regulation 19 Regulation 58
Regulation 22 Regulation 63
Regulation 23 (except paragraph (5)) Paragraph (2) of regulation 61
Regulations 24 to 28 inclusive Regulation 69
Paragraph (2) of regulation 29 Regulation 71
Regulations 30 to 38 inclusive Regulation 73
Paragraph (2) of regulation 39 Regulation 77
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