Gibraltar Aviation Register legislation passed in Gibraltar Parliament

During the March session of the Gibraltar Parliament, the Government took the Civil Aviation Bill 2024. 

The Civil Aviation Act 2024 aims to modernise and enhance the regulatory framework for civil aviation in Gibraltar, aligning it with international obligations under the Convention on International Civil Aviation. 

The Act seeks to establish a comprehensive and updated aviation regulatory framework in Gibraltar, to include the formation of an aircraft registry. It sets out detailed provisions for the administration, regulation, and enforcement of civil aviation activities, ensuring safety, security, and efficiency within Gibraltar's airspace. Additionally, the Act addresses the appointment and responsibilities of air traffic control service providers, the management and operation of the Gibraltar Airport, and the liability issues relating to aircraft operations. Through these measures, the Act seeks to support the development and safety of civil aviation while fulfilling Gibraltar's international commitments in the aviation sector.

The Act, in summary, contains a substantial number of provisions, including, among others, provisions on the following:

Administration of Civil Aviation: 

The Act outlines the responsibilities of the Minister and the administration of the Act, including obligations under international aviation conventions and directives.

Regulation of Civil Aviation: 

It further details the processes for aircraft registration and deregistration, air operator requirements, commercial air transport regulations, and insurance requirements for air operators. It also covers the carriage of dangerous goods by air.

Aviation Documents: 

The Act specifies the requirements for obtaining aviation documents, criteria for being considered a fit and proper person, grant and renewal of such documents, and the duties of holders. It also discusses the variation, inspection, and investigation related to aviation documents.

Suspension, Variation or Revocation of an Aviation Document and Imposition of Administrative Penalties: 

The Act describes the general considerations for suspension, variation, or revocation of aviation documents, administrative penalties, and the process for review and appeal.

Inspection and Enforcement: 

It lays out the framework for the appointment of authorised persons for inspection, their powers, and enforcement actions, sets out details of general offences and penalties, liability of directors and officers of corporations, jurisdiction over offences, and mutual assistance requests.

Schedules: 

The Act also provides additional information and specifications, including plans of the Gibraltar Airport and patent claims against aircraft not protected under the Chicago Convention.

Commenting on the Act, Stephen Noguera, partner at Hassans, explained that this is "an exciting development which we are certain will place Gibraltar in an advantageous position, attracting new strands of business and economic activity to the jurisdiction, and I am looking forward to engaging with clients and partners on developing this new area of business.”