SIGNIFICANT AMENDMENTS TO THE TURKISH CIVIL AVIATION LAW

July 11, 2024

The Amendment to the Turkish Civil Aviation Law, Certain Laws and The Decree Law No. 655 has been published in the Official Gazette dated 09.07.2024 and numbered 32597. Certain provisions of the Turkish Civil Aviation Law (“Law”) have been significantly changed with the amendment.

The main purpose of these amendments is to unify the legislation in line with the standards of (i) International Civil Aviation Convention (“Chicago Convention”) and (ii) International Civil Aviation Organization (“ICAO”) standards, to which Türkiye is a party.

The Article 27 of the Law had determined the GDCA’s authority solely on the “operators operating with Turkish civil aircraft”. With the recent amendment, foreign commercial air operators conducting civil aviation operations in Türkiye shall be also subject to the GDCA’s supervision and inspection.

In this regard, GDCA will have the authority to request (i) the alteration of non-conformities, (ii) the implementation of the requirements specified in the Law, and (iii) ceasing the activities in terms of the non-conformities as a result of the inspections.

Additionally, with this amendment, in parallel with the practices under the Chicago Convention, airports are required to (i) comply with the standards set by GDCA and (ii) obtain certification by GDCA.

2. The aviation safety measures have been tightened and administrative fines have been increased.

The amendment stipulates that all passengers must be screened with technical devices and, if necessary, subjected to pat-down searches upon entering airports and aircraft. Passengers who refuse pat-down searches will be denied admission to airports or aircraft, and any prohibited items may be confiscated by security personnel.

Furthermore, it is now mandatory to conduct security investigations and background checks on individuals employed in civil aviation security and holding specific duties and authorities. These measures are designed to assess the suitability of such individuals for their roles.

Lastly, the administrative fines have been adjusted in accordance with the revaluation rates. Also, the upper limit of the administrative fines has been increased. These changes aim to ensure that administrative fines are more effective and proportionate.

3. Regulations on (i) unmanned aerial vehicles (“UAV”) (ii) scope of restrictions on constructions around airports and (iii) permit fees have been determined.

The GDCA is now, authorized to determine the procedures governing the import, sale, licensing, airworthiness certification, registration, and recordation of civil UAV systems to be operated in Turkish airspace. Additionally, the GDCA is also responsible for determining the qualifications required for individuals operating UAV systems, as well as the procedures for granting flight permits and managing air traffic services.

Additionally, the restrictions on constructions around airports have been expanded to include also the “facilities assessed to pose a risk to aviation safety by contributing to the formation or development of wildlife”.

Lastly, with the new amendments, the permits issued for facilities such as health facilities, hotels, restaurants, religious facilities, shopping units, fuel stations, cargo facilities, administrative buildings, terminal buildings, etc., located within airports under projects to be constructed in state forests, will be exempt from any fees.

Please do not hesitate to contact us if you have any questions regarding above matters.

Best Regards.

Atty. Selim DÜNDAR
dundar@dundarsir.com