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CIVIL AVIATION ACT 1969 Pages 13 ~55
Chapter 5 CIVIL AVIATION ACT 1969 Pages 13 ~55
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HAGUE CONFERENCE ND HAGUE PEACE CONFERENCE CONVENTION of PARIS-1919 PAN-AMERICAN AVIATION CONVENTION IN HAVANA-1928 WARSAW- CONVENTION *CHICAGO CONFERENCE(ICAO)-1944 *ANNEX(1-18) ,*ARTICLE(1-97),*NINE FREEDOM(1-9)-ICAO *CAA (1969),*MCAR 1996 PAGE:1&2 AMC BOOK TEXT
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Chapter 5 Historical of Malaysia Air Law:
Malaysia Air Law derived from international Convention E.g: Civil aviation Act 1969 under section 3 adopted the Chicago convention Law of Malaysia act 3 ~~An act to make better provision in the law relating to Civil Aviation and for matters connected therewith and ancillary to it.~~ Be it enacted by Seri Paduka baginda Yang di Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled.
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Chapter 5 CAA 1969 act 3 consists: Part I:Preliminary [17-18] Part IA: Duties and functions of director general civil aviation Malaysia[19-20] Part II : Regulation of civil aviation[20-24] Part III: Establishment and operation of aerodromes[25-26] Part IIIA : Civil aviation fund[26-32] Part IV : Control of obstructions in vicinity of aerodromes[33-38] Part V:Liability for damage caused by aircraft[39-40] Part VI : Detention of aircraft[40-41] Part VII : Wreck and salvage[41-42] Part VIII : Restriction on claims for damages and compensation[42] Part VIIIA : Licence to provide airport and aviation services[43-48] Part IX : Miscellaneous[49-50] Part X:Transitionals[51-55]
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Part 1:Preliminary[pgs :17-18]
Theme : More explanation about abbreviation E.g: the meaning of aerodrome , airport , cargo , until structure. *section 1 until 2 *One must know the term first before reading the CAA 1969.
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Part IA: Duties and function of the director General of Civil Aviation Malaysia[pgs :19-20]
Theme: Director General of civil Aviation shall perform duties and function assigned to him under this Act. ( Sec 2B:Duties and function of the Director general) (Sec 2C:Delegation or power , duties and function of the Director General) (Sec 2D:Authority card)
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Part II : REGULATION OF CIVIL AVIATION[pgs:20 -24]
*THEME: The minister may make such regulations as he considers necessary or expedient to give effect to and for the better carrying out of the object and purpose of this ACT. (Sec 3:Power to give effect to the Chicago Convention and Regulate Civil Aviation) *Minister may take regulation making provision for -Licensing , use of a/c -Registration and marking a/c in Malaysia. (Sec4. Dangerous flying) * About the a/c flown cause of unnecessary danger to any person
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PART III : Establishment and operation of aerodromes[Pgs:25-26]
*THEME : Minister may establish and maintain aerodrome and provide, road , approaches, apparatus , equipment, building and other accommodation. (Sec 5: establish of aerodromes by the Minister) (Sec 6:trespassing at licensed and government aerodromes) *Any person trespasses on any aerodromes shall be guilty of an offence.
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PART IIIA : Civil Aviation Fund[pgs:26-32]
*THEME: Fund which shall be controlled and operated by Director General in accordance with the provisions of this Part. *Talk about fund and financial of Aviation in Malaysia
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PART IV : Control of obstructions in vicinity of aerodromes
PART IV : Control of obstructions in vicinity of aerodromes.[pgs:33~38] *THEME: If the Minister is satisfied with respect to any building , structure or erection in the vicinity of an aerodrome. (Sec 7:indication of presence of obstructions near aerodromes) *talk about Minister have authorize the license/approve any building , equipment structure in the vicinity of an aerodrome for safety purpose.
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Part V:Liability for damage caused by aircraft[pgs:39~40]
*THEME: No action shall lie in respect of trespass or in respect of nuisance by reason only of the flight or a/c over any property at a height above the ground. (Sec 19:trespass,nuisance and responsibility for damage) (At a height………same was suffered) ***talk about any damage for aircraft shall be recoverable from the owner of the a/c.*** ***Bona Fide….( in good faith; without deception or fraud) (Sec 40:Nuisance caused by a/c on aerodrome *Shall apply to any aerodrome concern about noise and vibration caused by a/c is so made.
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PART VII: Wreck and Salvage[pg:41-42]
THEME: Any serving rendered in assisting or in saving life from…shall be deem to be salvage in all cases. *** talk about salvage service to save life , cargo over the sea.*** (Any services……been a vessel)
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Part VIII : Restriction on claims for damage and compensation[pg:42]
*THEME: No damages or compensation in respect of any subsidiary legislation under this act. ***talk about claim and compensation after accident*** (unless the claim is made within 3 months of happening of the event which gave rise to the claim or within such further time as the….allow)
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Part VIIIA : Licence to provide airport and aviation services[pg:43~48]
*THEME: Power of minister to grant a licence to provide airport and aviation services. (the minister may grant a licence to a company nominated by the government of Malaysia under this section to carry out any function of the DCA or to provide any servis within airport.) (this section shall set out the following matters: -function to be carried out servis provided by company -company performance -from (C) to (g)) (please look (4) until (b))
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Part IX : Miscellaneous[PGS:49~50]
[Section 24M]:Manager deemed to have committed the offence unless that person proves that the offence was committed without his consent or connivance. [Section 24N]:Power to compound [section 240]:Publication of notices Please look at Sec 25-27
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Part X: Transitional[PG:51]
Please look at section 28:Repeal of certain laws and saving provision
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Take a rest…:D
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Quiz 1(will be count in your assignment)
The duties of Director general of civil aviation is quite tough . Please explain the duties and function of the director general and may he delegate his power as Director general?(10M) Since 911, all airports have tightened up its security against any terrorist’s penetration or any unwanted persons who likely to threaten or terrorise and put lives of the passengers at stake. Explain with authority, who is responsible to the security of any foreign aircraft at the airport?(10M)
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answer The duties of Director general of civil aviation is quite tough . Please explain the duties and function of the director general and may he delegate his power as Director general?(10M) CAA Part 1A,section 2A,2B,2c Since 911, all airports have tightened up its security against any terrorist’s penetration or any unwanted persons who likely to threaten or terrorise and put lives of the passengers at stake. Explain with authority, who is responsible to the security of any foreign aircraft at the airport?(10M) CAA PART II , section 3
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