1. Citation
These Regulations may be cited as the (Civil Aviation) (Air Navigation) (Licensing of Air Services) Regulations.
2. Interpretation
In these Regulations unless the context otherwise requires—
“air service” means any service performed by any aircraft for hire or reward but a member of a club carried in an aircraft belonging to the club for the purposes of instruction shall not, if the instructor is also a member of the club, be deemed to be carried for hire or reward, notwithstanding that payment is made for such instruction or carriage;
“Board” means the Air Transport Licensing Board established under section 7 of the Civil Aviation Act;
“licence” means a licence granted under regulation 13;
“licensee” means a person who is granted a licence under regulation 13;
“permit” means a permit granted under regulation 22;
“person” includes a body corporate or an unincorporated body;
“provisional licence” means a licence granted under regulation 11;
“scheduled journey” means one of a series of journeys which are undertaken between the same 2 places and which together amount to a systematic service operated in such a manner that the benefits are available to members of the public from time to time seeking to take advantage of them.
PART 2
LICENCES FOR SCHEDULED JOURNEYS
3. Application
This Part does not apply to the carriage of passengers, mail or cargo by air for hire or reward upon journeys other than scheduled journeys.
4. Requirement for a licence
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(1) A person shall not use any aircraft for the carriage in Saint Lucia of passengers, mail or cargo for hire or reward upon any scheduled journey between 2 places, of which at least one is in Saint Lucia unless that person holds a valid licence issued pursuant to these Regulations.
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(2) A person who contravenes sub-regulation (1) commits an offence and is liable on summary conviction—
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(a) in the case of a first offence to a fine not exceeding $2400 or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment; and
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(b) in the case of a second or subsequent offence to a fine not exceeding $24,000.
5. Application for licence
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(1) In order to obtain a licence for the carriage in Saint Lucia of passengers, mail or cargo for hire or reward upon a scheduled journey a person may apply to the Minister for a licence.
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(2) An application pursuant to sub-regulation (1) shall be submitted to the Minister and shall be accompanied with the information prescribed in Schedule 1 and the application fee prescribed in Schedule 8.
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(3) On receiving an application for a licence, the Minister shall submit a copy of the application to the Board for its advise.
6. Publication of applications
The Board shall cause to be published in the Gazette and at least 2 newspapers in general and at least weekly circulation in Saint Lucia, in the manner prescribed in Schedule 2 such particulars of any applications for licences received by them as are prescribed in that Schedule.
7. Objections and representations
Responsible persons or bodies who may reasonably be considered by the Governor General to have an interest private or public in the matter of the issue or refusal of a licence may, in the form and manner, and within the time prescribed in Schedule 3, make representations or objections with regard to any application for a licence.
8. Public or private enquiries
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(1) The Board may, if it thinks fit, for the purpose of considering applications for licences, hold inquiries in public or in private and shall hold an inquiry in public if the applicant, or any person who has duly made an objection, requires the Licensing Authority, by such notice, in such form, as is prescribed in Schedule 4 so to do.
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(2) Before holding an inquiry pursuant to subregulation (1), the Board shall give to the applicant and to any person who has duly made representations of objections with regard to the application, such notice, in such form, as is prescribed in Schedule 4 and shall give the applicant and any such person an opportunity of being heard at the inquiry.
9. Emergency applications
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(1) Where an application is made to the Minister for a licence to remain in force for a period not exceeding 90 days and the Board is satisfied that it is in the public interest that the application should be determined with expedition, the Minister may on the advise of the Board grant a licence accordingly.
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(2) The provisions in this Part relating to the publication of particulars of applications, the making of objections and representations, and holding of inquiries at the instance of the applicant or an object shall not in that case apply.
10. Advise of Board
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(1) The Board shall advise the Minister on the grant or refusal of a licence to the applicant and shall give reasons for the advise or refusal.
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(2) The Board may, request additional information from the applicant for the purpose of considering an application by the Board.
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(3) Where the Board makes a request for information pursuant to subregulation (2), the applicant shall submit that information.
11. Provisional licence
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(1) The Minister may, on the advise of the Board and if he or she thinks fit, pending the determination of an application for a licence, grant to the applicant a provisional licence which shall remain in force until the application is determined.
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(2) A provisional licence granted under subregulation (1) shall—
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(a) be in the form prescribed by the Minister on the advise of the Board;
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(b) issued on payment of the fee prescribed in Schedule 8;
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(c) include the terms and conditions under which the provisional licence is granted.
12. Publication of decisions by Board
The Board shall cause to be published in the Gazette and at least 2 newspapers in general and at least weekly circulation in Saint Lucia, in the manner prescribed in Schedule 5 such particulars of their decisions on applications for licences and of their decisions to revoke or suspend a licence as are prescribed in that Schedule.
13. Grant or refusal of licence
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(1) In accordance with advise made pursuant to section 10, the Minister shall grant or refuse a licence, subject to sub-regulation (2), with or without conditions and shall notify the applicant of the grant or refusal and give the reasons in writing for a refusal.
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(2) A licence granted under sub-regulation (2) shall contain the following conditions—
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(a) that the licensee and any person having a financial interest in the business of the licensee shall refrain from stipulating that any other person –
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(i) shall refuse booking facilities to any other holder of a licence;
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(ii) shall grant such facilities to such other holder only on onerous terms; and
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(b) that the licensee shall perform all such reasonable services as the may from time to time require in regard to the conveyance of mails, and of any person who may be in charge, upon journeys made under the licence.
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(2) The remuneration for any such services shall be such as may be from time to time determined by agreement between the Postmaster General and the licensee.
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(3) Any dispute, difference or question, which may arise as to the remuneration to be paid to the holder of a licence in respect of such services or as to the rights, duties or liabilities of the licensee or the Postmaster General hereunder or otherwise in relation to any of the matter aforesaid shall in default of agreement be referred in Saint Lucia to a single arbitrator in case the parties can agree upon one, or otherwise to 2 arbitrators one to be appointed by the Postmaster General and the other by the licensee, and in either case in accordance with and subject to the provisions of the Arbitration Act.
14. Issuance and form of licence
A licence granted under regulation 13 shall—
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(a) be issued on payment of the fee prescribed in Schedule 8; and
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(b) include the terms and conditions, in addition to those provided for in these Regulations, under which the licence is granted.
15. Validity of licence
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(1) Subject to sub-regulation (2), a licence shall be valid for such period, not exceeding 5 years, as the Minister may determine, commencing on the date on which the licence is expressed to take effect.
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(2) If on the date of the expiration of a licence an application to the Minister is pending for the grant of a new licence in substitution for an existing licence held by the applicant, the existing licence shall continue in force until the application is granted or refused.
16. Surrender of licence
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(1) A licence may at any time be surrendered by the licensee to the Minister for cancellation.
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(2) If during the currency of a licence, the licensee applies to the Minister for a new licence in substitution for the current licence, he or she shall, if a new licence is granted, surrender the current licence for cancellation on the date from which the new licence is expressed to take effect.
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(3) Subject to sub-regulation (4), no refund of any fee paid in respect of the grant of a licence shall be made, whether on the surrender of the licence or otherwise.
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(4) Where a licence is surrendered before its normal date of expiry upon the grant of a new licence authorizing a service over the same route, the licensee shall be refunded the sum of $48.00 for each full year of the unexpired period of the licence but the licensee shall in addition to the normal fee for the new licence pay the special additional fee of $9.60.
17. Monthly return from licensees
A licensee shall make a monthly return in writing to the Minister giving, in respect of the month to which the return relates, the particulars set out in Schedule 6 with regard to all air services authorized by the licence.
PART 3
PERMITS FOR JOURNEYS OTHER THAN SCHEDULED JOURNEYS
18. Application
This Part does not apply to the carriage of passengers, mail or cargo by air for hire or reward on scheduled journeys.
19. Requirement for a permit
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(1) A person shall not use any aircraft for the provision in Saint Lucia of any air service unless that person holds a valid permit in the relevant category of permit pursuant to these Regulations.
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(2) A person who contravenes sub-regulation (1) commits an offence and is liable on summary conviction—
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(a) in the case of a first offence to a fine not exceeding $1200 or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment;
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(b) in the case of a second or subsequent offence to a fine not exceeding $9600.00 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.
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(3) The provisions of this regulation does not apply in respect of any journey performed on the authority of article 5 of the Convention on International Civil Aviation if the aircraft performing the journey flies across Saint Lucia without landing or lands in Saint Lucia for non traffic purposes only, but shall apply in respect of any such journey if the aircraft performing the journey takes on or discharges passengers, cargo or mail in Saint Lucia.
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(4) In this regulation, “the Convention on International Civil Aviation” means the Convention which was signed at Chicago on behalf of the Government of the United Kingdom on the 7th December, 1944.
20. Categories of permits
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(1) A permit granted under these Regulations shall be either Class I, Class II or Class III.
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(2) A Class I permit authorizes a person to use charter flights on an aircraft with seating capacity for not more than 10 passengers.
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(3) A Class II permit authorizes a person to provide inclusive tour charter flights.
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(4) A Class III permit authorizes a person to provide charter flights for the carriage of cargo and attendants.
21. Application for permit
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(1) In order to obtain a permit for the provision in Saint Lucia for any air service a person may apply to the Minister for a permit.
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(2) An application pursuant to sub-regulation (1) shall—
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(a) be made in such form and shall contain such information as the Minister may require;
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(b) specify the category of permit being applied for;
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(c) be accompanied by the application fee for the category of permit prescribed in Schedule 8.
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(3) On receiving an application for a permit, the Minister shall submit a copy of the application to the Board for its advise.
22. Grant or refusal of permit
In accordance with advise made pursuant to regulation 10, the Minister shall grant or refuse a permit with or without conditions and shall notify the applicant of the grant or refusal and give the reasons in writing for a refusal.
23. Issuance and form of permit
A permit granted under regulation 22 shall—
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(a) be issued on payment of the fee for the category of permit prescribed in Schedule 8;
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(b) specify the category of permit being granted;
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(c) specify the period for which the permit is valid; and
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(d) include the terms and conditions, in addition to those provided in these Regulations, under which the permit is granted.
PART 4
GENERAL
24. Revocation or suspension of licence or Permit
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(1) Where a licensee or a permit holder is convicted of an offence against these Regulations or has failed to comply with any condition of the licence or the permit, the Board shall advise the Minister who, subject to sub-regulation (2), may suspend or revoke the licence or permit in accordance with the terms and conditions of the licence or permit.
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(2) Before revoking or suspending any licence or permit under sub-regulation (1), the Minister shall give to the licensee or permit holder such notice as is prescribed in Schedule 7 specifying the grounds upon which it is proposed to revoke or suspend the licence or permit, and shall not revoke or suspend the licence or permit unless he or she is satisfied, after holding a public inquiry if the licensee or permit holder requires the Minister so to do, that owing to the frequency of the failure on the part of the licensee or permit holder to comply with conditions or to the failure having been willful, the licence or permit should be revoked or suspended.
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(3) In this regulation, “officer” means a director, general manager, secretary or other similar officer and includes any person who, with the authority of the body corporate, acts as such officer.
25. Compliance with laws
A licence or permit issued under these Regulations shall be subject to the condition that the requirements of any law or instrument having the force of law for the time being in force in Saint Lucia relating to air navigation or air transport shall be complied with at all times during the currency of the licence or permit in connection with all journeys made under the licence or permit.
26. Transfer and assignment
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(1) Subject to sub-regulation (1), a licence or permit shall not be capable of being transferred or assigned.
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(2) In the event of the death, incapacity, bankruptcy, sequestration or liquidation of the licensee or permit holder, or of the appointment of a receiver or manager or trustee in relation to the business of the licensee or permit holder the person for the time being carrying on that business shall, if within 14 days of his commencing so to do, he makes application to the Minister for a new licence or permit, be entitled to provide the air services authorized by the existing licence or permit subject to the conditions, until the application is determined.
27. Annual fees
A licensee or permit holder shall pay in respect or a licence or permit the fee prescribed in Schedule 8 in respect of each year or part of a year of the term for which the licence or permit is expressed to remain in force.
28. Fees generally
All fees payable under these Regulations shall be paid to the Saint Lucia Air and Sea Ports Authority.
29. Variation or change of licence or permit
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(1) A person who wishes to vary or change a licence or permit shall apply to the Minister to vary or change the licence or permit.
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(2) The application shall be in the form prescribed by the Minister on the advise of the Board and be accompanied by the fee prescribed in Schedule 8.
30. Information concerning financial resources of applicant
Nothing in these Regulations shall require the disclosure by any applicant for a licence or permit to any person other than the Board of information as to the financial resources of the applicant, and any such information received by the Board from any such applicant shall be treated as confidential.
31. No right to continuance of any benefits
Nothing in these Regulations shall confer upon the licensee or permit holder or upon any other person any right to the continuance of any benefits arising from the provisions of these Regulations or from any licence or permit granted or from any conditions attached to any such licence or permit.
32. Proceedings for an offence
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(1) Proceedings for an offence against these Regulations shall not be instituted except with the consent of the Attorney General.
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(2) Where an offence against these Regulations has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to have committed that offence, unless he or she proves that the offence was committed without his or her consent or connivance and that he or she exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.