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
“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.