Kazakhstan Brings Aviation Legislation in Line with International Standards

Astana, April 21: The Majilis (the lower house of Kazakh Parliament) last week adopted a bill “On the use of airspace of the Republic of Kazakhstan and operation of aviation” in its first reading, which, once approved into the law, would strengthen state control over flight safety.

When introducing the bill to members of parliament, Minister of Transport and Communications Abelgazy Kusainov said that since Kazakhstan is a member of the International Civil Aviation Organization (ICAO) the document primarily takes into account the requirements of this organization. The ICAO requirements state that the main aviation legislation of the country should be a “solid foundation” on which a system of civil aviation and government regulation should be based.

The main purpose of the bill is the improvement of operation of aviation, the delineation of authority between government bodies in regulating and controlling the use of airspace, strengthening measures of state control over safety, improvement of quality of service in air transportation, increasing the responsibility of air carriers, as well as the creation of an effective system of prevention and warning of the offenses on-board civilian aircraft.

The new bill also envisages the application of international standards to all subjects of civil aviation. The requirements for the establishment of airlines are stricter now. In accordance with the new airline rules only a legal entity carrying out commercial air transportation of passengers, baggage and cargo may be called an “air company”. All airlines operating scheduled flights are required to have a reserve airplane, and financial reserves to cover the cost of flights for a minimum of one month, excluding revenue from incoming traffic. All other owners of aircraft will be known as operators.

“Also, the bill proposes to tighten controls on charter flights of Kazakh aircraft outside the airspace of Kazakhstan. An international flight to transport weapons and military equipment and dual-use goods is not permitted without the consent of an authorized body. Moreover, mandatory requirements were established in case of leasing of an aircraft by foreign airlines,”  Minister Kussainov stated.

The bill takes into account ICAO recommendations relating to safety control. To improve the safety, the bill introduces a certification of technical centers for aircraft maintenance and states that within the territory of an airport all other organizations can offer their services on a competitive basis.

“According to the new bill there is a ban on the use of components and parts that do not have a passport issued by their manufacturer during the maintenance or repair of an aircraft,” Abelgazy Kussainov added.

As for the passenger rights, in accordance with the ICAO requirements airlines should offer a list of free services in case of flight delays: providing a mother and child room at a passenger’s request, two telephone calls lasting no more than five minutes, refreshments, hot meals, and a hotel room.

In general, the adoption of the bill would make domestic aviation operate on the basis of European aviation requirements and ICAO standards which in its turn will increase in-flight safety and liability of the carrier for compliance with safety requirements.