Trump Towers, Ofis Kule:2 Kat:18, No:12, Sisli, Istanbul, Turkey

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Turkey Recently Amended Several Regulations on Civil Aviation

The General Directorate of Civil Aviation has recently issued several amending regulations and published them in the Official Gazette on April 16 and 17, 2022.

Amending Regulation on the Commercial Air Transport Operations Regulation (SHY-6A)

With the Amending Regulation on the Commercial Air Transport Operations Regulation (SHY-6A)  published in the Official Gazette dated 16 April 2022 and numbered 31811 (“SHY-6A Regulation”), exceptions are made for operators who are obliged to establish a quality assurance system in TSE, ISO, or CEN standards that ensure their activities comply with the standards determined in national and international legislation and to document this to the Directorate General of Civil Aviation within two years at the latest from the date of obtaining the operating license. Accordingly, if the enterprises that carry out scheduled flights and passenger and freight transport obtain the IATA IOSA certificate within three years at the latest from the date of obtaining the operating license and it remains valid throughout their activities, these enterprises are excluded from the above-mentioned obligation.

In addition, with the added provisional article, the Investigation Commission, established under SHY-6A Regulation, has been authorized until 1/1/2023 to make an exemption for a maximum period of 1 year from the date of request in some cases. While granting exemptions, it is necessary not to go beyond the standards that should be followed within the scope of the International Civil Aviation Agreement and the Law No. 4749 on the Approval of the Interim Civil Aviation Convention and its Annexes, which was contracted and signed in Chicago on 7 December 1944.

These exemptions will be granted in extraordinary situations such as epidemics, wars, or natural disasters. The important situations, among the other situations that can be exempted for a period of 1 year under SHY-6A Regulation is specified and these are: (i) implementation of the requirement that at least five aircraft be registered in their names in the Turkish Civil Aircraft Registry, with at least three aircraft, and (ii) implementation of the requirement to have a paid-in capital of at least  USD fifteen million, with a minimum paid-in capital of USD six million.

It is stipulated that the exemptions in question are granted based on a calendar to be accepted by the Directorate General of Civil Aviation, with a written commitment to fulfill the requirements in the relevant articles.

Amending Regulation on the General Aviation Regulation (SHY-6B)

With the Amending Regulation on the General Aviation Regulation (SHY-6B) published in the Official Gazette dated April 17, 2022, and numbered 31812, it has been stipulated that the certificate of the registry should be added to the application of the general aviation operating license instead of the signature circular.

Amending Regulation on the Commercial Aviation Activities with Very Light Aircraft Regulation (SHY 6A-CH)

With the Amending Regulation on the Commercial Aviation Activities with Very Light Aircraft Regulation (SHY 6A-CH) published in the Official Gazette dated April 17, 2022, and numbered 31812, it has been regulated that the certificate of the registry should be added to the application of the operating license instead of the signature circular.

Amending Regulation on Airports Ground Services Regulation (SHY-22)

With the Amending Regulation on Airports Ground Services Regulation (SHY-22) published in the Official Gazette dated April 17, 2022, and numbered 31812, it has been regulated that instead of the signature circular, a certificate of registry showing that they are authorized to be added to the documents that ground handling companies must submit in their application to obtain a working license.

Amending Regulation on the Operating and Working License for Non-Sanitary Workplaces at Airports Open to Civil Air Transportation Regulation (SHY-33A)

With the Amending Regulation on the Operating and Working License for Non-Sanitary Workplaces at Airports Open to Civil Air Transportation Regulation (SHY-33A) published in the Official Gazette dated April 17, 2022, and numbered 31812, it has been regulated that the obligation to submit a signature circular has been removed for the application for opening a non-sanitary workplace and work license in airports open to civil air transportation.

Amending Regulation on the Operating and Working License for Terminals and Sanitary Workplaces at Airports Open to Civil Air Transportation Regulation (SHY-33B)

With the Amending Regulation on the Operating and Working License for Terminals and Sanitary Workplaces at Airports Open to Civil Air Transportation Regulation (SHY-33B) published in the Official Gazette dated April 17, 2022, and numbered 31812, it has been regulated that the obligation to submit a signature circular has been removed for the application for opening a sanitary workplace and work license in airports open to civil air transportation.

Amending Regulation on the Civil Aviation Enterprises Authorized Inspection, Technical Supervision and Consultancy Institutions Regulation (SHY-YDTGMK)

With the Amending Regulation on the Civil Aviation Enterprises Authorized Inspection, Technical Supervision and Consultancy Institutions Regulation (SHY-YDTGMK) published in the Official Gazette dated April 17, 2022, and numbered 31812, it has been regulated that the company’s certificate of the registry should be submitted instead of the signature circular, which is among the documents required to be submitted by the independent audit firms that want to be authorized.

Amending Regulation on the Flight Operations Expert License Regulation (SHY-UHU)

With the Amending Regulation on the Flight Operations Expert License Regulation (SHY-UHU) published in the Official Gazette dated April 17, 2022, and numbered 31812, it has been regulated that instead of the signature circular, a certificate of registry showing that they are authorized should be added to the documents for flight operations expert license application.

Şafak Herdem, Esra Temur

Kustepe Mahallesi, Mecidiyekoy Yolu Caddesi, Trump Towers, Ofis Kule:2 Kat:18, No:12, Sisli Mecidiyekoy, Istanbul, Turkey

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