Air Navigation (Licensing of Air Services) (Amendment) Regulations 2010

No. S 128

Air Navigation Act

(Chapter 6)

Air Navigation (Licensing of Air Services) (Amendment) Regulations 2010

In exercise of the powers conferred by section 16 of the Air Navigation Act, the Minister for Transport hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Air Navigation (Licensing of Air Services) (Amendment) Regulations 2010 and shall come into operation on 1st March 2010.

Amendment of regulation 2

2. Regulation 2 of the Air Navigation (Licensing of Air Services) Regulations (Rg 2) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by deleting the definitions of “Authority” and “chief executive officer” and substituting the following definitions:

“ “Authority” means the Civil Aviation Authority of Singapore established under the Civil Aviation Authority of Singapore Act (Cap. 41) as in force immediately before 1st July 2009 and reconstituted by the Civil Aviation Authority of Singapore Act 2009 (Act 17 of 2009);

“Chief Executive” means the Chief Executive of the Authority and includes any person acting in that capacity;”; and

(b)

by deleting the words “same 2 places” in the definition of “scheduled journey” and substituting the words “same 2 or more places”.

Amendment of regulation 2A

3. Regulation 2A of the principal Regulations is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) Subject to these Regulations —

(a)	no person shall provide any air services referred to in regulation 2C, except under and in accordance with a licence granted under Part IA; and
(b)	no person shall provide any air services referred to in regulation 4, except under and in accordance with a licence granted under Part II.”.

Amendment of regulation 2F

4. Regulation 2F(2) of the principal Regulations is amended by deleting the word “determine” and substituting the word “require”.

Amendment of regulation 2I

5. Regulation 2I of the principal Regulations is amended by deleting paragraph (1) and substituting the following paragraphs:

“(1) A licence may be —

(a)	a Category A licence, which shall be valid for such period (not exceeding 5 years) as is specified therein and which, on each renewal, shall be valid for such further period (not exceeding 5 years) as is specified on such renewal; or
(b)	a Category B licence, which shall be valid until it is cancelled, revoked or suspended under this Part.

(1A) The Committee may upon the application of a licensee convert a Category A licence to a Category B licence if the Committee thinks fit to do so.

(1B) An application under paragraph (1A) shall be made in such form and manner as the Committee may require.”.

Amendment of regulation 2M

6. Regulation 2M(1) of the principal Regulations is amended by deleting sub-paragraph (g) and substituting the following sub-paragraphs:

“(g)	the licensee provides the air services that the licensee is licensed to provide in a manner that contravenes, or is likely to contravene, the air services agreement in relation to which the licence was granted or renewed;
(ga)	the air services agreement in relation to which the licence was granted is suspended or terminated;”.

Amendment of regulation 2O

7. Regulation 2O(2) of the principal Regulations is amended by deleting the word “specify” in sub-paragraph (a) and substituting the word “require”.

Amendment of regulation 2S

8. Regulation 2S(5) of the principal Regulations is amended by deleting the words “other than regulation 2I(1)” and substituting the words “other than regulation 2I(1), (1A) and (1B)”.

Deletion and substitution of regulation 4

9. Regulation 4 of the principal Regulations is deleted and the following regulation substituted therefor:

“Application of this Part

4. This Part shall apply only to the provision of air services on any scheduled journey —

(a)	where at least one place on that scheduled journey is in Singapore; and
(b)	which is not under or in accordance with an air services agreement.”.

Amendment of regulation 6

10. Regulation 6(1) of the principal Regulations is amended by deleting the words “in the form set out in the First Schedule” and substituting the words “in such form and manner as the Minister may require”.

Deletion and substitution of regulation 12

11. Regulation 12 of the principal Regulations is deleted and the following regulation substituted therefor:

“Returns

12.—(1) The Chief Executive may by written notice require a licensee to furnish, within such reasonable period and in such form and manner as may be specified in the notice, such information relating to the air services provided by the licensee under the licence as may be specified in the notice.

(2) Without prejudice to the generality of paragraph (1), the information which the Chief Executive may require a licensee to furnish under this regulation includes the following:

(a)	the frequency of the licensee’s operation of air services under the licence;
(b)	the routes operated by the licensee;
(c)	the number of passengers carried on each flight;
(d)	the volume and type of mail and cargo carried on each flight;
(e)	the total number of passengers carried under the licence;
(f)	the total volume of mail and cargo carried under the licence.”.

Amendment of regulation 15

12. Regulation 15(4) of the principal Regulations is amended by deleting the words “in the form set out in the Second Schedule” and substituting the words “in such form as the Chief Executive may determine”.

Amendment of regulation 19

13. Regulation 19 of the principal Regulations is amended —

(a)

by inserting, immediately after the words “of a permit” in paragraph (1), the words “granted under Part III”;

(b)

by inserting, immediately after the words “his licence” in paragraph (2), the words “or permit”;

(c)

by deleting paragraph (3) and substituting the following paragraph:

“(3) Where the holder of a licence or permit —

(a)	dies;
(b)	in the case of a company, is wound up or goes into liquidation or is otherwise dissolved; or
(c)	ceases, for any other reason, to provide any air services in respect of which his licence or permit is granted,

any person who wishes to carry on the holder’s business of providing the air services shall apply to the relevant authority for the transfer of the licence or permit (as the case may be) to him.”;

(d)

by inserting, immediately after the words “regulation 2A” in paragraph (4), the words “or 14”; and

(e)

by deleting sub-paragraph (c) of paragraph (8) and substituting the following sub-paragraph:

“(c)	in the case of a permit under Part III, the Chief Executive.”.

Amendment of regulation 19A

14. Regulation 19A of the principal Regulations is amended by inserting, immediately after the word “permit” in paragraphs (a) and (b), the words “under Part III”.

Deletion of First, Second and Third Schedules

15. The First, Second and Third Schedules of the principal Regulations are deleted.

Miscellaneous amendments

16. The principal Regulations are amended —

(a)

by deleting the words “in the form set out in the Second Schedule” in regulations 8(1) and 9(3) and substituting in each case the words “in such form as the Minister may determine”; and

(b)

by deleting the words “chief executive officer” wherever they appear in the following provisions and substituting in each case the words “Chief Executive”:

Regulations 14(1), 15(1), (2) and (3), 16(1) and (2), 17(1), 19A and 21.

Made this 26th day of February 2010.

CHOI SHING KWOK

Permanent Secretary,
Ministry of Transport,
Singapore.

[(MOT CA.474.1.001.0.11; CAAS/LE/LGN/A1.2 V4; AG/LEG/SL/6/2003/1 Vol. 6)]

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