21 Nov

Pursuant to the legislation regarding to operate a commercial airline, as a preliminary condition to transport passengers or cargo or passengers and cargo against compensation for commercial purposes or to engage in other commercial activities, individuals and legal persons must obtain the authorization from Ministry of Transport, Maritime Affairs and Communication (“MTMC”).

Authorization may be subject to certain conditions and time limit and will not be issued in cases where the national security or public order may be jeopardized or individuals or charter members of legal persons and their authorized officials have been convicted of disgraceful acts like embezzlement, graft, corruption, bribery, theft, swindling, forgery, abuse of confidence, fraudulent bankruptcy, smuggling offenses other than for personal use and consumption, acts of duplicity in public tenders, purchases, sales, disclosure of state secrets.

Individuals or legal persons to engage in air transportation of passengers or cargo passengers and cargo for commercial purposes for compensation must obtain operator’s certificate from MTMC in addition to the authorization as referred above.

The application shall be reviewed by the MTMC for adequacy and in consideration of national interests. During this review an appraisal shall be made of the operation to be established with regard to the national economy, national security, national transportation policy and principles of planned development. For this purpose the MTMC may consult the concerned ministries and the State Planning Organization.

Individuals and legal persons who have obtained the authorization shall apply to the MTMC for an operator’s certificate, stating that they have implemented the projects attached to their application for said authorization.

The MTMC having ascertained, after necessary reviews and inspections, that the projects were implemented, shall issue the certificate. The operator’s certificate is not transferable. The certificate shall in particular mention the commercial title of the certificate holder, the type of transportation, regions or routes to be served and the restrictions specified in the authorization document.

The certificate holder must carry out the operations of his enterprise in strict compliance with the terms and conditions set out in the certificate. The obligation to carry and conduct air services is determined according to the conditions stipulated in the authorization document.

To ensure air traffic safety, all public agencies and organizations and natural persons and private law corporate bodies operating Turkish civil aircraft are subject to technical inspections to be made or have made by the MTMC.

Certificate holders are obliged to furnish all technical and financial information required for the inspection.

Should the certificate holder act in contravention to the aforementioned provisions and fails to take action within the period to be specified in the notification of the MTMC, the certificate may, at the expiry of such period, be suspended or immediately revoked.

Transportation of passengers, mail, and freight by air for commercial purposes between two locations within the boundaries of Turkey can only be provided by Turkish registered aircrafts.

Provisions applicable to foreign operators who are to run airline services between foreign countries and Turkey shall be determined by the MTMC based on bilateral and multilateral agreements and the principle of reciprocity.

By effectiveness of the Law No: 5431, Turkish Civil Aviation Authority (“TCAA”) as and holder of public corporation status. With special budget is authorized and responsible to implement and follow up any policies established or to be established by the MTMC and to take the necessary measures in order to prevent any actions contrary to the regulations for civil aviation activities since November 10, 2005.

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