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Overview: FAQs - Israel Aviation Laws and Regulations 2021

Published on : 05 May 2021
Author(s):Several

FAQs - Israel Aviation Laws and Regulations 2021

Introduction

In Israel, the detailed law controls the security of all civil aviation. It regulates licensing of operators and service providers, including pilots, flight schools, airport inspectors, flight controllers, and manufacturers of aircraft and aviation equipment. Furthermore, the legislation specifies strict security clearance and medical eligibility criteria for employees in the aviation industry. The law has specific regulations for the operation and management of aviation colleges, commercial aircraft operation, aircraft maintenance and inspections, as well as airport facilities and airport and landing space operations.

Q1. What are the principle Legislations that regulate the aviation sector in Israel?

The bodies which regulate the principle legislation in Israel are as follows-

  1. The Aviation Law 2011- This aviation law is relatively new and is modern and up to date, it provides the legal framework for aviation operation in Israel.
  2. The Air Transport Law 1980- This law adopts the Montreal Convention into the Israeli law. This law states that the liability of the air carrier, it employees or its agents for any sort or damage including the death of a person shall be determined only based on this law. There will also be no claim for compensation according to any other cause of action.
  3. The Aviation Service Law (Compensation and Assistance due to cancellation of flight) 2012- This law states the rights of the passengers to get compensation and assistance if the flight gets cancelled or delayed.

Q2. What are the regulatory bodies that regulate the field of aviation in Israel?

The principle regulatory bodies which regulate the aviation sector are-

  1. The ministry of transportation- This regulates the aviation sector as well as it has the authority to initiate new laws and enact new regulations
  2. The Israel Civil Aviation Authority ( CAAI)- This performs the following functions
  1. It establishes and maintains the procedures and regulations for international as well as domestic aviation
  2. Implements international agreements and international treaties
  3. It supervises the aviation operations regarding transport safety and efficiency
  4. It grants licenses and permits (for aircraft, air personnel and aircraft manufacturers) according to the aviation law.

Q3. What permit does an Israel carrier need to operate its aircraft for commercial purposes?

An Israeli carrier or a foreign carrier cannot operate any aircraft for the commercial purpose unless and until the permit has been granted to it by the general manager of the CAAI. This operational permit will be limited to a certain time for a permitted destination. 

Moreover, the CAAI manager may also establish conditions for,

  1. The aircraft which the carrier can operate
  2. the maximum number of passengers or freight that a carrier can transport, seat space, and frequency of operations
  3. The types of services which the aircraft might offer
  4. Any other conditions that the CAAI manager thinks right.

Q4. Are there any regulatory provisions that a lessor or financier should be aware of when it comes to aircraft operation?

As for now there are no specific regulatory requirements which a lessor or a financier should be aware when it comes to the aircraft operation in Israel.

Q5. Are the air safety regulated separately for the cargo, private and commercial planes?

No, the CAAI regulates every aspect of the aviation industry. Even though CAAI regulates the commercial, cargo and private aircrafts it still has to regulate them according to the individual rules and standards which is different for all of them.

Q6. Are the airports in Israel state or privately owned? And Do Israel's airports place any conditions on airlines flying to and from the country's airports?

The airports are state owned. The IAA is a governmental company which is in-charge of the operations taking place in the airport.

Moreover, yes there are certain requirements which are put in place when it comes to hours of operation of the airport.

Q7. What are the legislations which apply to air accidents?

The legislations which apply to air accidents are as follows-

  1. Aviation regulations ( aircraft accidents and incident investigation)- 1984
  2. The Aviation Law- 2011
  3. Chicago Convention- 1944
  4. The Air Transport law- 1980 ( Montreal Convention- 1999)
  5. Aviation Regulations ( types of severe accidents)- 2014
  6. Civil Aviation Authority Law- 2005

Q8. Who will be investigating the accident?

According to the aviation law the minister of transportation will be appointing the chief investigation in the ministry of transportation to investigate the said accident.  The said investigator is responsible for the following-

  1. Collection analysis and documentation of all the relevant information regarding the safety standards and the accident
  2. The reason and cause of the accident
  3. The preparation of the final document added with his recommendations
  4. Follow up on the fulfillment of recommendations and then drawing the conclusions

The Aviation Laws, The Aviation Regulations and the Aviation Regulations (Types of severe accidents) set out the following main subjects

  1. The procedure in case of an accident
  2. Types of accidents which will be considered as severe incidents for the purpose of law
  3. The authority of the chief investigator includes the right to visit the relevant place and act in a manner which preserves the site of the accident for the completion of the investigation

Q9. What are the legislations which cover the safety aspect in the aviation sector and who administers this air safety?

The principle legislation which takes care of air safety is the Aviation Law- 2011

Israel has adopted the Chicago Convention to ensure that the air navigation equipment comply with the standards mentioned in the International Civil Aviation Organization (ICAO). The air carrier is required to prove its maintenance and its technical ability as well as provide an operational and technical manual to the CAAI for its approval. The carrier is also required to get its safety management system approved by the CAAI. The CAAI is the one who issues and renews the airworthiness certificates and air operator certificates, approves the maintenance programs and carries out inspection of the aircraft operated within Israel.

Q10. Are there any limitations that the international carriers face in comparison to the local carriers?

At present the international carriers have no such limitations, because Israel has adopted many international aviation agreements such as the EU- Israel open skies agreement, US- Israel Open Skies Agreement. However there is one requirement which the international carrier needs to fulfill, Aviation Services Licensing law- 1963 states that for the purpose of obtaining the operating permit, the foreign operator has to first appoint a representative in Israel who is authorized to act on his behalf during the proceedings under the aviation law. The CAAI has published the details of the representative of the foreign operators on its website.

Q11. Does registration of the ownership in the register of aircraft constitute as proof of ownership?

The registrations of the aircrafts maintained by the CAAI is not a registration of legal ownership hence the registration of the aircraft does not constitute as a proof of ownership.

Q12. What are the rules for registering aircraft mortgages and charges?

The procedure for registering of aircraft charge or mortgage is given under the Aviation Regulation (Aircraft Registration and Marking) 1973 and the same shall be administered by the CAAI. However, if the registry is declarative then these mortgages or pledges will be registered with the relevant general registry that is either the companies registrar or pledge registrar.

Q13. Is Israel a part of the main international conventions such as Montreal, Geneva and Cape Town? And how are these conventions applied in the country?

Israel has signed the main international conventions being the Montreal convention as well as the Geneva Convention, the Montreal Convention however was ratified in March 2011. As for now Israel is not a part of the Cape Town Convention. In general, the local laws ratify these conventions and apply them to the local legislations. For Example the Air Transport law has adopted the Montreal Convention into the local legislation.

Q14. In Future what are the predicted changes to the legislation?

In the future all the changes will be related to the lessons learned by the aviation industry following the Covid Pandemic.

The Insolvency and Financial Rehabilitation law- 2019, which has come into force in 2019 in September provides new conditions for the insolvency of companies and includes liabilities of others in case of insolvency. The recent impact of Covid-19 has caused financial distress to many airlines all around the world and has effected Israel Aviation sector as well. This law will provide attention to the industry in case of rehabilitation of the airlines or in case of insolvency.

In addition to this there will also be developments in data protection for matters relating to passengers personal data. The growing number of cyber-crimes has forced additional regulatory attention to make sure the passengers' personal data is not being leaked.

 

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