Official Translation

Official Translation Official Translation REPUBLIC OF LITHUANIA AVIATION LAW October 17, 2000. No VIII – 2066 (as amended by 23 September 2003. No IX – 1744) CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law This Law shall establish the administration of aviation, use of airspace, aircraft and other facilities in aviation, activities of airports, carriage, search and rescue and property liability and insurance of the entities related to aviation. 2. This Law shall also establish the requirements of aviation specialists, aircraft production, airport construction and operating requirements. Article 2. Basic Definitions in this Law 1. Aerodrome means the entire area designated on a land or water surface (including all of the structures, facilities and equipment) or a part thereof, designated for the arrival, departure and movement of aircraft on a land or water surface. 2. Aviation specialist means a person having the special aviation education and a certain qualification. 3. General aviation aircraft means a civil aircraft, used for non-commercial air transport carriage and not in the implementation of special aviation operations. 4. Civil aviation security means the totality of measure procedures, people and material resources, designated to protect civil aviation from unlawful interference in its activities. 5. Civil aerodrome means an aerodrome having a certificate of adequacy of use. 6. Civil aircraft means an aircraft registered in the Register of Civil Aircraft. 7. Military aviation means any type of aviation activity regulated by the military authorities. 8. Military aerodrome means an aerodrome holding a certificate of adequacy for use of military aviation issued by the commander of the armed forces. 9. Military aircraft means an aircraft registered in the military aircraft register. 10. Tactical administration service means a military unit established seeking to issue instructions to military aviation, which is under its jurisdiction in specific regions. 11. Temporarily excluded zone means a space of a designated size, for the activities whereof space must be reserved for specific operators to use exclusively during a defined period of time. 12. License to engage in air carriage means a license, which provides the right to carry passengers, cargo and (

1. or)mail, on the basis of remuneration or hire. 13. Meteorological information means a meteorological report, analysis, forecast and all other reports relating to the present or anticipated meteorological conditions. 14. Aircraft crew means the aircraft flight crew, aircraft attendants and operators. 15. Aircraft operator means a natural or legal person, who according to contract or on the basis of other lawful grounds uses the aircraft in his own name. 16. Aircraft captain means a pilot appointed by the owner or the operator of the aircraft, who is responsible for the operation and safety of the aircraft during the entire flight period. 17. Aircraft means any apparatus (machine), which stays up in the atmosphere owing to its interaction with the air, but not due to the reaction with the air from the earth’s surface. 18. Air traffic services mean certain flight information services, sounding of the alarm, air traffic consultation and flight administration services. 19. Air traffic service routes mean the established routes, whose purpose is to rightly direct the flow of traffic to provide air traffic services. 20. Airspace of air traffic services means airspace of set dimensions, marked with letters, in which specific types of flights, for which air traffic services and flight regulations have been set forth, may take place. 21. Air traffic control is a general term, involving air services, air service flow direction and airspace management. 22. Air Transportation means the carriage of passengers, cargo, baggage and (
2. or)mail for remuneration or hire. 23. Airport infrastructure means a part of the transportation infrastructure, which is comprised of an area of land, an airport and special purpose structures and facilities. 24. Certificate of recognition means a supplement of the license of a specialist, which attests to the validity of a specialist’s license issued abroad, for operating and technically maintaining an aircraft, which is registered in the Republic of Lithuania Register of Civil Aircraft. 25. Flight Crew means the persons who, according to the established procedure, have been given the right to operate the aircraft. 26. Flight crewmember means a member of the crew, having a specialist’s license, responsible for operation of the aircraft during flight time. 27. Flight time means the total time from the moment the aircraft moves preparing to liftoff until the final stop upon the termination of the flight. 28. Special aviation operations means operation of the aircraft for remuneration to provide special services in agriculture, construction, photo operations such as, photography and topography and also, monitoring and patrolling and search and rescue operations, aerial advertising, etc. 29. International airport means an airport, which is used by aircraft in international flights for landing and takeoff, and in which the procedures of border crossing, customs, medical quarantine, hygienic control and other procedures are being carried out. 30. Controlled airspace means an airspace of a set dimensions, where flight control services are provided according to the visual flight regulations and instrument flight regulations, depending on the classification of the airspace. 31. National aircraft means an aircraft operated by national defense, Customs and Ministry of Interior services. 32. Carrier means an undertaking, which holds a valid carrier certificate. 33. Certificate of carrier means a document, confirming that the carrier possesses professional and organisational capabilities to safely engage in the activity noted in the carrier document. Article 3. Application of the Law 1. Aviation activities in the sovereign territory of the Republic of Lithuania, which is comprised of the bowels of the earth, interior waters, territorial waters and airspace above them, may be used only in accordance with the conditions set forth in this Law and other legal acts. 2. This Law and the other legal acts adopted on the basis thereof, shall also apply to the aircraft, registered in the Republic of Lithuania, which are outside the territorial limits of the Republic of Lithuania, if they do not contradict the laws of the state in the territory whereof the aforementioned aircraft are present. 3. The legal acts of foreign states shall apply to the aircraft of these states, present on the Republic of Lithuania territory, if they are not contrary to this Law and other legal acts. 4. Should the requirements set forth in the international agreements of the Republic of Lithuania differ from those, which are prescribed by the legal acts of the Republic of Lithuania regulating the relations in aviation, the requirements of international agreements shall apply. Article 4. Other Legal Acts of Civil Aviation The legal acts of the Republic of Lithuania, which regulate civil aviation, must conform to the requirements of the Convention on International Civil Aviation (hereinafter - Chicago Convention) and, inasmuch as that is acceptable to the Republic of Lithuania, to the standards, recommended practice and procedures set forth in the Annexes of this Convention and also, the corresponding requirements of the European Union and United Aviation Institution. Article 5. State Management of Aviation The Government, Ministry of National Defense, Ministry of Transport and Communications, Inspector General of the Ministry of National Defense, Commander of the Armed Forces and Civil Aviation Administration (hereinafter – CAA) shall implement state management of aviation in the Republic of Lithuania within the scope of their competence. Article 6. Civil Aviation Administration 1. With the scope of its competence, the CAA shall implement the strategy of the development of national civil aviation and submit proposals to the Ministry of Transport and Communications in drafting the programmes of civil aviation development. 2. If necessary, the CAA shall, upon coordinating with the Commander of the Armed Forces, set the requirements for civil aviation in order to implement this Law and carry on the state management of civil aviation, including above- ground installations and the services provided to civil aviation. 3. The CAA shall organise the implementation of the National Security Programme of aviation, issue licenses, certificates, and also perform other functions assigned to it by legal acts. 4. The CAA is a budgetary undertaking, funded from the State Budget and accounting from levies for air navigation services and the use of airports. The Government shall set the amount of this accounting. The Minister of Transport and Communications shall approve the annual estimated sum of CAA income and expenses. Article 7. Commander of the Armed Forces 1. The Commander of the Armed Forces shall implement the military aviation policy within the scope of his competence and submit proposals in preparing the programmes of military aviation development. 2. The Commander of the Armed Forces, having if necessary coordinated with the CAA, shall set the requirements for military aviation to implement this Law and conduct State management of military aviation, including the above ground facilities and services provided to aviation. With a view to this, a Department of Flight Safety must be established in the military air forces. 3. The Commander of the Armed Forces shall coordinate the implementation of the safety programme of military flights, issue licenses, certificates and carry out the other functions accorded to him by other legal acts. 4. The Commander of the Armed Forces shall set the requirements for military airports. 5. The Commander of the Armed Forces may in accordance with the procedure set forth by the laws, may delegate the rights and obligations set forth in this Law to the commander of the military air force. The Minister of National Defense shall approve the rights and obligations that are being delegated at the proposal of the Commander of the Armed Forces. Article 8. Property of Civil Aviation Objects 1. Civil aircraft, airports and aerodromes may by property right belong to the State of Lithuania, local government, natural persons and legal persons registered in the Republic of Lithuania. 2. The flight control facilities and the infrastructure of international airports are State property. Article 9. Aircraft of National Subordination 1. An aircraft, which is registered in the Register of Civil or Military Aircraft Register of the Republic of Lithuania, shall have national subordination of Lithuania. 2. With the exception of the cases indicated in paragraph 3 of this Article, only those aircraft, which have the national subordination of Lithuania, shall be permitted to operate in the Republic of Lithuania. 3. Aircraft, which have the national subordination of another state, may be operated in the Republic of Lithuania only according to the international agreement with the state which has registered them or in accordance with the license granted through the procedure established by the Government or an institution authorised by it. Article 10. Construction and Marking of Structures and Installation Of Lights 1. The construction and reconstruction of structures and economic activities in the zones of aerodrome protection and sanitary protection shall be permitted in accordance with the procedure established by the Government. 2. The limits of the sanitary protection zone territory of the aerodrome shall be determined while taking into consideration the amount of noise, electromagnetic energy amounts, and the pollution of air, soil and water. 3. Tall structures must be marked accordingly with certain night and day signs. The CAA, having coordinated with the Commander of the Armed Forces, shall determine the procedure of their installation and use. 4. The CAA and the Commander of the Armed Forces accordingly shall have the right to prohibit the installation or use in the protection zone of civil and military airports, of lights, which may endanger the safety of aircraft flights. Article 11. Use of Airports for Civil and Military Purposes The Government shall determine the procedure and conditions of the use of civil airports for the needs of national aircraft and the use of military airports for the use of civil aircraft needs. Article 12. Operation of State Aircraft 1. The Commander of the Armed Forces shall determine the requirements applied to military aircraft flights. These requirements must be such, as not to endanger the safety of civil aircraft, and thus must be coordinated with the CAA. The Commander of the Armed Forces shall maintain supervision of the use of the military aircraft. 2. Non-military aircraft shall be registered in the Civil Aircraft Register of Republic of Lithuania and the civil aviation regulations set forth in Chapter III of this Law, shall apply to them. For such non-military state aircraft the CAA might make exceptions to the regulations in Chapter III, provided that the corresponding flights will not harm the international or commercial internal traffic, including the airspace and airports, used for this traffic. If necessary, the CAA shall also set other requirements. The CAA shall maintain supervision of the use of non-military state aircraft. 3. Provided that in specific cases the Government shall not decide to the contrary, the accidents and incidents involving military aircraft shall be investigated by a commission appointed by the Inspector General of the Ministry of National Defense. In less complicated cases, the Inspector General of the Ministry of National Defense may designate one inspector. CHAPTER II Airspace, Flight Administration and Other Services Article 13. Republic of Lithuania Airspace 1. The Republic of Lithuania shall have an exclusive right to the airspace above its land territory and internal and territorial waters. 2. The Government shall ensure proper organisation of airspace and its allocation and control, striving to ensure, that civil aircraft would use it most effectively, taking into account the airspace needs of national security aims. Article 14. Airspace Management and Flight Regulations 1. Airspace organisation and flight regulations must conform as much as possible to the standards and recommended practices of the International Civil Aviation Organisation (hereinafter-ICAO). Special requirements, which shall apply to the flights of military aircraft alone, must be applied so as not to endanger the safety of civil aircraft. 2. The CAA along with the Commander of the Armed Forces shall draft the organisation of the airspace of the Republic of Lithuania and flight regulations, while the Government approves them. The Commander of the Armed Forces shall determine special requirements, applied to the flights of military aircraft alone. 3. Flight regulations of the Republic of Lithuania shall apply in airspace above the seawaters area, outside the territorial waters, in which the Republic of Lithuania has assumed the responsibility of providing air carrier services in accordance with international agreements. 4. For military necessity or public safety considerations the Minister of Transport and Communications may point out certain parts of airspace as prohibited, restricted or dangerous zones to civil aviation, in which special procedures shall apply. Such decisions shall be adopted at the recommendation of the CAA, after harmonisation with the Commander of the Armed Forces. Prohibitions and restrictions may not be applied longer, than dictated by the reasons, which have brought them about. Article 15. Air Carrier Services 1. In peacetime, a State undertaking appointed by the Minister of Transport and Communications shall provide air carrier services to civil and national aircraft. 2. The Government or an institution authorised by it, shall establish the conditions and procedure of air carrier services. 3. The Minister of Transport and Communications with the consent of the Government shall have the right to draw up agreements with the correspondent institutions of other states or international organisations regarding the provision of air carrier services and the transfer of other functions related to them in certain parts of the airspace of Lithuania or to accept such obligations from other states or international organisations. Article 16. Transport, Navigation, Observation and Flight Control Installations 1. In providing air carrier services of the Republic of Lithuania only those installations of transport, navigation, observation and flight control may be used which meet the requirements set forth by the CAA. The requirements set forth by the CAA shall be relied upon in using installations for military aviation and tactical control, which could affect the safety of civil aviation aircraft. 2. The CAA shall have the right to always check on whether the aforementioned installations meet the requirements, which are set forth, and how the air carrier services are provided, while its authorised representatives shall have the right to enter unhindered the administrational and production premises of the provider of air carrier services, which are related to air carrier service provision, to inspect the installations, and also to acquaint himself with all the information and documents in connection with all of this. Article 17. Aerial Navigation Information 1. The CAA or a person authorised by it shall collect, accumulate, publish and disseminate aerial navigation information. 2. The CAA shall set the types of navigation information and the extent and procedure of publication thereof. 3. Legal and natural persons, who have navigation information, must provide it free of charge to CAA or an authorised legal person thereof. Article 18. Meteorological Information 1. A meteorological information provider authorised by the Government shall supply meteorological information for aviation requirements. 2. The CAA and the Commander of the Armed Forces respectively, shall determine the types and extent of the meteorological information and the procedure of providing it. Article 19. Search and Rescue 1. Institutions authorised by the Government shall conduct the search and rescue operations of aircraft. 2. The Government or an institution authorised by it shall set the procedure and conditions of implementation of the search and rescue operations of aircraft. CHAPTER III SECTION I. REGISTRATION AND MARKING OF AIRCRAFT Article 20. Administrator of the Civil Aircraft Register of Republic of Lithuania The CAA shall be the administrator of the Republic of Lithuania Civil Aircraft Register. Article 21. Conditions of Civil Aircraft Registration 1. Aircraft shall be registered in the Republic of Lithuania Civil Aircraft Register if: 1) the owner of the aircraft is a citizen of Lithuania or a legal person who is registered in the Republic of Lithuania, the State of Lithuania or municipal government; 2) the aircraft has a certificate of airworthiness; 3) the aircraft is not registered in the aircraft register of another state. 2. An aircraft belonging to a legal or natural person of a foreign state, if it is constantly being flown from an airport of the Republic of Lithuania, may be registered in the Civil Aircraft Register of the Republic of Lithuania, disregarding the conditions set forth in sub-paragraph 1 of paragraph 1 of this Article. 3. The requirements set forth in sub-paragraph 2 of paragraph 1 of this Article shall not apply in cases when test flights are necessary in order to issue the certificate of airworthiness. Article 22. Documents Necessary for Aircraft Registration The owner of the aircraft or a person authorised by him must submit to the CAA a request to register the aircraft. Attached to the request must be documents, confirming the fact that the requester is the owner of the aircraft, and the other conditions set forth in paragraph 1 of Article 21 of this Law must be met. Article 23. Information Subject to Registration CAA must include in the Republic of Lithuania Civil Aircraft Register information regarding the aircraft, its owner and operator, its mortgage if it is mortgaged or a lien imposed on the aircraft. Article 24. Temporary Registration Following the submission of a request by the owner or his authorised representative, the aircraft may temporarily be included in the Republic of Lithuania Civil Aircraft Register Annex, if the aircraft is located abroad, and its ownership rights have been transferred to an owner in the Republic of Lithuania and if however, not all of the conditions necessary for a final registration, have been met. In order that the aircraft may be registered in the Republic of Lithuania Civil Aircraft Register Annex, the conditions set forth in sub-paragraphs 1 and 3 of paragraph 1 of Article 21 of this Law, must be met. Article 25. Report Concerning Use of Aircraft Registered in Another Country In instances wherein a Republic of Lithuania citizen or legal person, who is registered in the Republic of Lithuania, the State of Lithuania or a municipal government, shall according to contract operate an aircraft registered in another country, they shall be obliged to provide the CAA with the details of the aircraft and a copy of such a contract. The CAA must draw up a list of the aircraft of foreign states operated in Lithuania and operators thereof. The operator of the aircraft must without delay, inform the CAA regarding all changes in the information, which has been provided. Article 26. Cancellation of Civil Aircraft Registration 1. The registration of a civil aircraft shall be cancelled if: 1) the owner of the aircraft or his authorised representative submits a written request; 2) the conditions set forth in subparagraphs 1 of paragraph 1 of Article 21 of this Law are violated; 3) the aircraft is registered as a military aircraft; 4) the aircraft is destroyed or lost, and the search for the lost aircraft is abandoned; 5) the aircraft did not have a certificate of airworthiness for the past three years, with the exception of those instances, when the owner or his authorised representative had submitted over the time period indicated by the CAA, some proof that the aircraft is airworthy. 2. If it has been noted in the Republic of Lithuania Civil Aircraft Register that the aircraft is mortgaged or has a lien on it, its registration may not be cancelled without the approval of the mortgager or a written report by the appropriate institutions, indicating that the lien on the aircraft has been lifted. Article 27. Aircraft Registration Certificate Upon registration of the aircraft, an aircraft registration certificate shall be issued to the owner or authorised representative thereof. 2. Upon cancellation of a civil aircraft registration, the registration certificate thereof shall be returned to the institution, which has issued it. Article 28. National and Registration Marks 1. Aircraft, which have been registered in the Republic of Lithuania Aircraft Register, must be marked with the national state emblem LY,” provided by the ICAO and the registration mark provided by the CAA. 2. The CAA shall set the procedure of issuing registration marks and marking of aircraft. SECTION II AIRWORTHINESS OF AIRCRAFT AND REQUIREMENTS OF PROTECTION OF ENVIRONMENT Article 29. Requirements of Airworthiness 1. Only the aircraft, which are airworthy and have a valid Certificate of Airworthiness, may fly in Republic of Lithuania airspace. 2. An aircraft may be accepted as airworthy, provided that it is adequately designed, manufactured, equipped and technically maintained and its flight characteristics coform to the requirements of flight safety, which are set forth by the CAA. 3. The requirements set forth in this Article shall also apply to the aircraft’s spare parts, devices and equipment. Article 30. Certificate of Airworthiness 1. The CAA shall issue a Certificate of Airworthiness to an aircraft, which is accepted as airworthy, which will be valid during the term specified therein. The CAA, taking into account the technical state of the aircraft, may set certain restrictions of the operation of the aircraft, which must be entered on the Annex of the Certificate of Airworthiness. 2. Having received a written request of the owner or operator of the aircraft, the CAA shall have the right to extend the validity of the Certificate of Airworthiness, provided it is determined that the aircraft meets the requirements of airworthiness. 3. Should the CAA determine that an aircraft registered in the Republic of Lithuania is not airworthy, it may suspend the validity of the Certificate of Airworthiness, until such time as the aircraft becomes airworthy. The Certificate of Airworthiness, whose validity has been suspended, must be returned to the CAA. 4. The Certificates of Airworthiness, issued by the Chicago Convention Member States may be recognised in accordance with the procedure established in the Republic of Lithuania, if they are issued adhering to no fewer than the minimum requirements, which are included in the standards, drafted on the basis of the Chicago Convention. 5. The CAA shall establish the procedure and conditions of submitting of requests to obtain a Certificate of Airworthiness of an aircraft, determination of airworthiness, issuance, extension of validity, suspension and revocation and recognition of the Certificates of Airworthiness issued abroad. Article 31. Supervision of Airworthiness 1. The CAA shall implement the supervision of the airworthiness of an aircraft registered in the Register of Civil Aircraft of Republic of Lithuania. 2. In implementing the supervision of the airworthiness of an aircraft, the CAA shall employ the following methods: 1) an assessment of the technical maintenance and other technical records submitted by the owner or the operator of the aircraft; 2) an assessment of the technical condition of an aircraft; 3) test flights, if necessary; 3. The CAA may at its own discretion, check the airworthiness of aircraft during the entire validity period of the airworthiness of an aircraft or to test the aircraft at the request of its owner or operator. 4. The owner or operator of an aircraft must submit to CAA all the information regarding the airworthiness, technical supervision, of an aircraft, replacement or repair of the parts and also, all of the statistical information regarding the use thereof. While implementing supervision of the airworthiness of an aircraft, the representatives authorised by the CAA, shall have the right to enter unhindered the administrative and manufacturing premises of the owner or operator of the aircraft designated for aviation and also, enter the aircraft and fly in it. 5. The test flights must be performed by the owner or the operator, supervised by a representative who is authorised by the CAA. Article 32. Responsibility for Airworthiness of Aircraft 1. Its owner or operator shall be responsible for the airworthiness of his aircraft. 2. The owner or the operator of an aircraft must adhere to the instructions (directives), set forth by the CAA or the State, in which the aircraft was designed or manufactured, if the CAA does not instruct to the contrary. 3. The owner or the operator of the aircraft must immediately inform the CAA of all circumstances, incidents or malfunctions, which might affect the airworthiness of an aircraft. Article 33. Airworthiness of Aircraft of Foreign States 1. The CAA shall have the right to assess the airworthiness of the aircraft of foreign States, which are located in the Republic of Lithuania. 2. Should the CAA determine that the aircraft of a foreign state is not airworthy or that malfunctions, which may have an effect upon the airworthiness of the aircraft, exist in the aircraft, the CAA shall have the right to prohibit it from taking off. Should the aircraft be registered in a State, which is a member of the ICAO, the CAA must inform the responsible institution of this state regarding the condition of the aircraft and the CAA decision. Should the institution of a foreign state declare that the aircraft is airworthy, it must be given permission to take off. Should the institution of a foreign state decide that the aircraft is not airworthy, but it may be transferred to a place of repairs under certain conditions, the CAA shall permit the aircraft to take off in this case, provided that the conditions set forth by this institution are implemented. Only the crew of the aircraft and technical specialists may be on board during this type of flight. Article 34. Environmental Protection Requirements Only the aircraft, whose generated noise and emission shall not exceed the level set by the Minister of the Environment and the Minister of Transport and Communications, may fly within the airspace of the Republic of Lithuania. Article 35. Special Flight Licenses 1. In exceptional instances the CAA may issue a license for a special flight by such an aircraft, for which a certificate of airworthiness may not be issued under the general procedure, however such an airplane may safely fly adhering to certain restrictions. 2. Such licenses may be issued for test flights, transfer of aircraft to a repair location and other instances. Article 36. Design, Production, Repair and Technical Maintenance of Civil Aircraft and Equipment 1. The CAA shall determine the requirements of the design, production, repair and technical maintenance of civil aircraft and equipment thereof. The industrial enterprises in the Republic of Lithuania may design and manufacture civil aircraft or the parts thereof and also, carry out the repair and technical maintenance of civil aircraft or of the component parts thereof only, if holding an appropriate certificate issued for this work by the CAA. and adhering to the requirements set forth in this certificate. Aircraft manufactured in the Republic of Lithuania shall be certified in accordance with the procedure and conditions established by the CAA. 2. The Minister of Transport and Communications shall establish the conditions and procedure of the issuance of certificates, granting the right to design and manufacture civil aircraft and components and perform the technical maintenance and repairs thereof and also, recognition of certificates and licenses issued by other states. The CAA shall supervise how the undertakings which have certificates, adhere to the set requirements. CAA representatives shall have the right to survey unhindered the manufacturing premises and equipment of the undertakings, which hold certificates and also, to obtain all of the information and documents in connection with work according to the certificate. 3. The CAA shall have the right to accept the certificates and licenses to design, manufacture and repair and perform technical maintenance of aircraft or the components thereof. 4. The requirements of paragraph 1 of this Article shall not apply to the production or repair of self-made aircraft or the component parts thereof. The CAA shall determine the conditions and procedure of the production and airworthiness of such aircraft. SECTION THREE AIRPORTS, AERODROMES AND FIELD STRIPS Article 37. Construction and Reconstruction of Civil Aviation Airports A civil aviation airport, as well as flight control system installations, shall be constructed or reconstructed in accordance with the procedure established by the Law on Construction and other legal acts and upon harmonising with the CAA. The location of a civil aviation airport shall be established in the territorial planning documents. Article 38. Requirements of Airport, Which Handles Air Transportation 1. Air transportation may be conducted only from airports, which conform to the requirements set forth by the CAA. 2. An airport, from which international flights originate, must have correspondent customs, border control and other services. Article 39. Activities of Control Institutions in Airport State Border Protection and customs control stations shall be established or operate in certain areas of an international airport territory. The Minister of Transport and Communications upon harmonising this with the State Border Protection Service and the Department of Customs under the Ministry of Finance shall define the limits of their territory. Article 40. Control of Civil Aviation Airport CAA shall always have the right to check on whether a civil aviation airport meets the requirements set forth by this Law and other legal acts. Representatives authorised by the CAA, shall have a right to enter and inspect unhindered certain buildings, facilities and equipment, obtain all required information, documents and other material related to the usability of a civil airport. Article 41. Field Strips 1. A field strip means a plot of land or an area on the water surface having a minimal amount of equipment and temporarily intended for landing, takeoff and movement of helicopters, gliders and light aircraft. 2. The CAA shall determine the procedure of the installation and use of field strips. Article 42. Usability of Civil Aerodrome 1. Only such civil aerodromes, which comply with the requirements of this Law and other legal acts and hold a certificate of useworthiness issued by the CAA, may be used. 2. A certificate shall be issued, extended and also, its validity shall be suspended or cancelled according to the procedure and conditions established by the CAA. Article 43. Harmonisation of Arrival and Departure of Aircraft 1. The arrival and departure time of aircraft shall be harmonised taking into account the production capabilities of the airport and flight management. 2. A special commission may be set up according to the procedure established by the Minister of Transport and Communications in order to implement in a specific airport the harmonisation specified in paragraph 1 of this Article. Article 44. International Airport Land 1. International airport land shall be property of the State. 2. An international airport shall administer, use and dispose of the land by holding the property in trust, based on this and other Republic Laws. 3. An international airport shall have the right to lease international airport land for the purposes related to airport activities and also, to economic entities already in operation in the territory of this airport, even if their activities are not related to the activities of this airport. SECTION FOUR CIVIL AVIATION SPECIALISTS Article 45. Training of Specialists Training institutions accredited by the CAA. may train, requalify specialists or raise their qualifications. The Minister of Transport and Communications shall determine the conditions and procedure of accreditation of the training institutions. Article 46. License of Specialist 1. Persons having an appropriate license of specialist issued by the CAA, shall be permitted to operate the aircraft and perform the technical maintenance thereof and also, to direct flights. A specialist license shall be issued to aviation specialists such as, crewmembers, captains, flight dispatchers, aviation engineers and technicians and aircraft stewards. 2. The Minister of Transport and Communications shall establish the conditions and procedure of licensing specialists. 3. The Minister of Health and the Minister of Transport and Communications shall establish the requirements of the health condition of specialists. 4. The CAA shall have the right to accept and issue a certificate of recognition of a license, which has been granted to the specialist by a foreign state, provided that such a license has been issued in accordance with the requirements set by the ICAO or some stricter ones. Article 47. Tests and Verifications The CAA shall always have the right to verify the theoretical knowledge and practical skills of a person holding a license acceptance certificate and also, require him to get a health check up. Article 48. Suspension and Withdrawal of Licenses 1. According to the procedure established by the Minister of Transport and communications, the CAA may suspend or withdraw the validity of a license if: 1) a specialist failed to adhere to the flight safety and aviation security requirements set forth in this Law and other legal acts; 2) a specialist availed himself of the rights provided to him by the license while in the state of intoxication caused by alcohol, narcotics, psychotropic or other substances; 3) the health condition of a specialist does not measure up to the established requirements; 4) the specialist has been convicted for committing a deliberate criminal act; 5) the specialist’s qualification does not correspond to the set requirements; 2. CAA shall have the right to suspend the validity of a license until such time as, an official investigation has been completed and a final decision has been made regarding the renewal or withdrawal of the license. 3. The provisions of this Article shall apply also to specialists, who have licenses, which have been issued abroad, which are accepted by the Republic of Lithuania. SECTION FIVE CREW OF AIRCRAFT AND CAPTAIN THEREOF Article 49. Crew of Aircraft 1.The owner or operator of an aircraft must assemble a flight crew in accordance with the requirements set by the CAA for each type of aircraft. 2. The flight crewmembers of an aircraft must hold valid specialist licenses and health certificates during the time of the flight. 3. It shall be prohibited to operate an aircraft when the flight crew is incomplete. 4. Flight crewmembers of an aircraft must precisely perform the functions set in the work technology and follow the instructions the senior members of the crew. 5. It shall be prohibited for a crewmember to operate an aircraft while under the influence of alcohol, narcotics, psychotropic and other substances. 6. It shall be prohibited for a crewmember to operate an aircraft while suffering from an illness, extreme fatigue or in the presence of other similar causes, as a result of which he cannot fulfil his duties adequately. Article 50. Captain of Aircraft 1.Only a pilot may be appointed captain of an aircraft. If the crew of the aircraft includes only one pilot, he will also be the captain of the aircraft. 2. The captain of the aircraft shall be in charge of the work of the aircraft crew during the flight. 3. The passengers must obey the directions of the aircraft captain, which seek to maintain order and ensure safety and security aboard the aircraft. Article 51. Duties of Aircraft Captain The captain of the aircraft must: 1) ascertain prior to the flight, that the aircraft is prepared for flight, the entire flight crew is assembled and ready and all the necessary documents are on board; 2) operate the aircraft according to the established regulations and control the technical condition of the aircraft in flight; 3) inform the CAA of all circumstances, incidents or breakdowns, which may have an effect on the airworthiness of the aircraft; 4) take care of the safety and security of the aircraft passengers and goods, baggage and mail and maintain order aboard the aircraft; 5) in the event of a threat to the safety of the flight, implement the requirements and procedures, set forth by legal acts, ensuring a safe conclusion of flights; to inform the service of air traffic service of what actions have been taken; 6) at once inform the CAA about an accident or incident and the circumstances thereof; 7) write an appropriate act in the event of a death or birth occurring while the aircraft is in flight. Article 52. Rights of Aircraft Captain The captain of an aircraft shall have the right to: 1) refuse to admit to the aircraft crewmembers, passengers or goods and also, to direct passengers to disembark or to unload the goods, should the circumstances demand this; 2) employ all necessary measures to maintain order aboard the aircraft and safety of the flight; 3) if necessary appeal to the passengers for assistance; 4) employ measures to investigate violations of the law or criminal activity, if they have been committed aboard the aircraft; 5) apprehend a person suspected of having committed a criminal act and, following the landing of the aircraft, hand him over to the appropriate law enforcement institutions; 6) adopt a final decision to takeoff on departure and return to departure airport or land in auxiliary airport and to make a forced landing in extreme conditions. Article 53. Captain of Foreign State Aircraft The captain of an aircraft of a foreign state shall have the same rights and obligations, which have been set forth in Articles 51 and 52 of this Law. SECTION SIX CARRIER CERTIFICATE AND LICENCE Article 54. Carrier Certificate 1. In the Republic of Lithuania, air transport and special aviation operations may only be conducted by having a valid carrier certificate. The CAA shall issue or accept it as valid in accordance with the procedure set forth by the Minister of Transport and Communications. 2. The requirements of paragraph 1 of this Article shall also apply to being engaged in aircraft leasing activity, when the liability for the airworthiness of an aircraft belongs to the lessee. Article 55. Requirements for Obtaining Carrier License 1. CAA shall have the right to issue a carrier license only upon ascertaining that the applicant has sufficient funds, information, skills, experience and the required staffing, organisational structure, aircraft, facilities and equipment required to operate safely and credibly while availing himself of the rights, afforded by the carrier certificate. 2. Along with the carrier certificate the CAA shall issue an appendix to the certificate. It shall indicate permissible activity and the conditions and restrictions applied to it. 3. The carrier must inform the CAA of all changes, which affect the conditions and restrictions set forth in the carrier certificate. 4. The CAA must supervise the carriers constantly. The authorised representative of the CAA, in carrying out supervision of a carrier, shall have the right to enter unhindered the administrative and production premises of the carrier and also, the aircraft and to fly in it and to obtain all of the information and documents required to implement carrier supervision. Article 56. License to Operate Air Transportation 1. In order to operate air transportation, a carrier must hold a license issued by the Ministry of Transport and Communications or per its authorisation, by the CAA. 2. Foreign state carriers shall have a right to carry on air transport according to a corresponding international agreement of the Republic of Lithuania. While such an agreement does not in exist, the Ministry of Transport and Communications or the CAA authorised by it, may issue an appropriate license. 3. If the international agreement of the Republic of Lithuania does not state otherwise, the license stipulated in paragraph 1 of this Article may be issued to an undertaking established in the Republic of Lithuania, which holds a carrier certificate, while its rights of control belong to the citizens of Republic of Lithuania, municipal governments, the State or other undertakings registered in the Republic of Lithuania, the control rights whereof also belong to the citizens, municipal governments or the State of the Republic of Lithuania. Article 57. Issuance, Suspension and Withdrawal of License to Operate Air Transport 1. The Government shall establish the conditions and procedure of the issuance, suspension and withdrawal of the validity of the licenses to operate air transport. 2. The Government may establish certain flight categories, which do not require licenses. SECTION SEVEN FLIGHT OPERATION Article 58. Operation of Aircraft Aircraft shall be operated according to the requirements set forth by the CAA. Article 59. Carriage of Dangerous Goods It shall be prohibited to carry weapons of mass destruction and also, dangerous goods, whose carriage is prohibited and which are set forth in Annex 18 of the Chicago Convention. 60. Supersonic Flights It shall be prohibited for aircraft to fly at supersonic speeds in the Republic of Lithuania. In exceptional cases the Government shall grant permission for such flights. Article 61. Flights Over Residential Areas 1. Aircraft must fly over residential areas at the established altitude, which would ensure the forced landing of an aircraft beyond the limits of the residential area. 2. The CAA shall establish the minimum altitude of aircraft flights over certain residential areas. 3. Aircraft show flights over residential areas shall be permitted only upon harmonising this with the local government, upon whose territory the show flights are to take place, and after having obtained a licence from the CAA. Article 62. Show Events and Aviation Sport Competitions Show events and aviation sports competitions may be held only according to the procedure set forth by the CAA and having an appropriate license. Article 63. Prohibition of Departure The CAA shall have the right to prohibit an aircraft from departure, should some doubts arise concerning the airworthiness of the aircraft or if the members of the aircraft crew do not have an appropriate license or if the aircraft does not have the documents stipulated in article 64 of this Law or if the fees prescribed in Article 72 of this Law have not been paid. Article 64. Flight Documents of Aircraft The following documents must be aboard the aircraft during flight: 1) the registration certificate of the aircraft; 2) certificate of aircraft airworthiness; 3) license to use radio station of the aircraft; 4) journal of technical condition of aircraft; 5) flight operational instructions guide; 6) civil responsibility insurance certificate (policy); 7) documents about passengers, goods, baggage and mail (if there are such aboard the aircraft); 8) noise certificate (if such is required); 9) carrier certificate (for carriers only). SECTION EIGHT CIVIL AVIATION SECURITY Article 65. Programmes of Civil Aviation Security 1. Civil aviation security shall be insured by the measures, set forth in the National Civil Aviation Security Programme, approved by the Government. 2. The National Commission for Civil Aviation Security, appointed by the Government shall co-ordinate the implementation of the National Civil Aviation Security Programme. Article 66. Services Ensuring Aviation Security 1. Airports and carriers shall ensure aviation security. These undertakings must have aviation security ensuring programmes approved by the CAA and plans to establish respective services (appoint a responsible staff member (members). Other entities operating inside the controlled area of the airport must have plans of aviation security and unconditionally implement the requirements of the services, which ensure the security of civil aviation. 2. The personnel of the services, which ensure the security of aviation, shall have the right within the scope of their competence, to conduct personal inspection and checks of articles, apprehend and hand over to law enforcement institutions persons who have violated the requirements of aviation security and also, the baggage, goods and postal parcels, which contain articles and substances which are prohibited in air transportation. 3. Should a threat arise against the life or health of the crewmembers or other persons, the personnel of the services ensuring aviation security shall have the right to apply measures, set forth by the Republic of Lithuania laws and other legal acts. 4. In the course of the performance of their duties, the personnel of airport services, which ensure the security of aviation, shall have the right to carry and use a service weapon and other extraordinary measures. SECTION NINE AIRCRAFT ACCIDENTS AND INCIDENTS Article 67. INVESTIGATION OF Aircraft Accidents or Incidents 1.The Minister or Transport and Communications shall determine the procedure of the classification, investigation and reports of aircraft accidents and incidents. 2. The principal aim of investigating an accident or incident is to determine the causes and to prevent accidents or incidents. The determination of someone’s fault or liability is not sought by an investigation. 3. The Minister of Transport and Communications shall appoint a permanent chief of investigation of aircraft accidents and incidents and grant him the authority, necessary means and funds to organise and conduct an investigation of an aircraft accident or incident. 4. The chief may personally investigate an accident or incident, which is not complicated insofar as its investigation is concerned. 5.The chief shall form an independent commission in order to investigate the more complicated accidents and incidents. 6. In exceptional circumstances, the Government may form a special commission to investigate an accident or incident. 7. If necessary, the chief of the investigation may enlist the aviation specialists and experts of foreign states to investigate an accident or incident. 8. The chief of the investigation shall have the right to question all the persons, who may provide some information vital to the investigation and check the documents, tapes and information held in a computer. 9.The chief of the investigation shall forward the conclusions to the CAA, which shall assess and prepare the means for avoiding similar accidents and incidents. SECTION 10 AIR TRANSPORT Article 68. Transportation of Passengers, Goods, Baggage and Mail 1. The Minister of Transport and Communications all determine the conditions and procedure of transportation of passengers, goods, baggage, mail and dangerous goods. 2. The carrier shall determine the tariffs of the carriage of passengers, goods and baggage and the procedure of application thereof, provided it is not contrary to the terms set forth in the international agreements of the Republic of Lithuania. Article 69. repealed Article 70. Compensation for Refusal of Carriage The Government shall establish the conditions and procedure of compensation of passengers for refusal to provide them with transportation. Article 71. Computerised Reservation Systems The Minister of Transport and Communications shall set the requirements of the computerised reservation systems and the conditions of use and procedure thereof. CHAPTER IV FINAL PROVISIONS Article 72. Fees 1. Natural and legal persons, operators of state aircraft shall pay the following fees to the service providers for air navigation services in the airspace of the Republic of Lithuania and the use of airports: 1) for air navigation services means - air navigation and airport navigation; 2) for the use of airports means - aircraft landing, departing passenger, aircraft standing, aircraft security and aircraft escort. 2. The Government of the Republic of Lithuania or an institute authorised by it shall establish the maximum amount of the fees and the payment and use procedure thereof. 3. Operators of general aviation aircraft shall pay the fees listed in paragraph 1 of this Article only when they are conducting foreign flights or for the use of international airports. Article 73. Insurance The civil responsibility of the owner or operator of an aircraft and also, the passengers, baggage and goods must be insured. The Government or an institution authorised by it shall establish the minimum amounts of the insurance sum. Article 74. Liability for Damage, Caused to Passengers, Baggage, Goods and Third Parties The liability of the carriers for damage, caused to passengers, baggage and goods and also, the procedure of submission to third parties, its amounts, claims and suits shall be determined based upon the laws of the Republic of Lithuania and international agreements. Article 75. Liability for Violation of Legal Acts The violations of this Law and other legal acts adopted on the basis thereof shall incur liability in accordance with the procedure set forth by laws. Article 76. Acknowledgement of Repealed Laws Upon entry into force of this Law, the Law on Civil Aviation (Gaz., 2000, No. 66 – 1983) and the Law on the Use of Airspace (Gaz., 1996, No.48-1138) shall no longer be valid. Article 77. Proposal to Government Within a period of six months the Government shall draft the legal acts, necessary to implement this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS