PRE PRE SE SE NTATION ON RE NTATION ON RE VIE VIE W W P - - PowerPoint PPT Presentation

PRE SE NTATION ON RE VIE W PRE SE NTATION ON RE VIE W P ANE L TO THE CIVIL AVIATION STAKE HOLDE R’S ME E TING ON 10 OCTOBE R 2013

By Massa Kitakwa – Legal Officer

OUTLINE

• INTRODUCTION OF RE

VIE W P ANE L

• ME

MBE RSHIP OF RE VIE W P ANE L

• FUNCTIONS OF INTE

RNAL RE VIE W COMMITTE E

• CONCLUSION

THE REVIEW PANEL

 INTRODUCTION  T

anzania Civil Aviation Authority (“the Authority”) is a regulatory body established under the Civil Aviation Act, (Chapter 80 of 2006).

 S. 46 of the Civil Aviation Act, requires the Authority to

establish a RE VIE W P ANE

• L. The panel put particularly

as a dispute handling mechanism. It deals with disputes arising from decisions made on behalf of the Authority under delegated powers.

MEMBERSHIP TO THE P ANEL

 The law requires that; the P

ANE L shall consist of four people at all times, all having experience of at least ten years:

 (a) two persons who have experience in law; and  (a) two persons who have experience in law; and

(b) two persons who are graduates from a recognised university, having experience in one of the fields of aeronautics , economics , finance, engineering or management or more experience

MEMBERSHIP TO THE P ANEL

 T

• assist the nomination of members the Authority requested

PROFE SSIONAL BODIE S for nominations.

 For the lawyers a request was sent to the TANGANYIKA LAW

SOCIE TY (TLS); for economists request was sent to the E CONOMIC AND SOCIAL RE SE ARCH FOUNDATION (E SRF); and for engineers to the E ngineers’ Registration Board (E RB). The following criteria were taken into account by the nominating

 The following criteria were taken into account by the nominating

• rganisations:

 Gender balance (males and females)  From both sides of the Union  From the private sector  Not be members or staff of the T

anzania Civil Aviation Authority Consumer Consultative Council.

MEMBERSHIP TO THE P ANEL

 In September 2010, the P

anellists were appointed by the Director General for five years effective from 1 October 2010

 Members are Adv. Aisha Bade, E

• ng. Madulu Shija,

 Members are Adv. Aisha Bade, E

• ng. Madulu Shija,
• Capt. Ibrahim Bendera and Dr. Donatilla

Kokwanguha Kaino

 Members are required to observe provisions of

section 30(4) and 31 of the Act relating to the Code of Conduct and conflict of interest.

FUNCTIONS OF THE PANEL

 The P

ANE L consist of members who forms a INTE RNAL RE VIE W COMMITTE E . Section 47 (2) of the Act provides that The INTE RNAL RE VIE W COMMITTE E will be formed on an ad hoc basis, when there is business to transact.

 Members will be responsible for handling all applications for

review of any substantive decision that is:

• made on behalf of the Authority under delegated powers
• Made by a Division of the Authority or
• Made by one or more Members or employees of the

Authority.

FUNCTIONS OF THE PANEL

 Decision of a complaints should be handled within 21

days

 Any person who is aggrieved by the decision of Internal

R eview Committee can appeal to the Fair Competition T ribunal T ribunal

 Decisions which can be brought before the panel are:

grant, renew, cancellation of a license or certificates, rates, charges , recall and detention

• f aircrafts etc. A

list of all decisions is available to the website along with this presentation

CONCLUSION

 The Authority noticed that most of its stakeholders

do not know about the existence of review panel. We would like to call upon stakeholders to use this panel as means of solving their complaints.

A LIST OF DE LE GATE D POW E RS

The following slides contain a list

• f

delegated powers whose decisions can be brought befor the Review brought befor the Review Panel

W ritten (specific) delegated powers under the Civil Aviation R egulations

 Issuing licences under the Civil Aviation R

egulations

 Issuing certificates under the Civil Aviation R

egulations

 E

xtending the privileges of licences under the Civil Aviation R egulations Aviation R egulations

 E

xtending the privileges of certificates under the Civil Aviation R egulations

 R

enewing personnel licences under the Civil Aviation R egulations

 R

enewing personnel certificates under the Civil Aviation R egulations

W ritten (general) delegated powers under the Civil Aviation R egulations

 Powers as authorised person under the Civil Aviation

R egulations

Unwritten delegated powers under the Civil Aviation R egulations

 Decision to grant or refuse the application for exemption from any

• f the provisions the Civil Aviation Regulations:

 The Civil Aviation Regulations  (a)

The Civil Aviation (Commercial Air Transport Operations by Foreign Air Operator in and out of the United R epublic of T anzania) R egulations, 2006 R egulations, 2006

 (b)

The Civil Aviation (Airworthiness) Regulations, 2012

 (c)

The Civil Aviation (Approved T raining Organisation) R egulations, 2012

 (d)

The Civil Aviation (Aerial Work) Regulations , 2006

 (e)

The Civil Aviation (Aircraft Registration and Marking) R egulations, 2012

 (f)

The Civil Aviation (Air Operator Certification and Administration) Regulations , 2012

Unwritten delegated powers under the Civil Aviation R egulations...

 (g) The Civil Aviation (P

ersonnel Licensing) R egulations, 2012

 (h)

The Civil Aviation (Instruments and E quipment) R egulations, 2006

 (i)

The Civil Aviation (Approved Maintenance Organisation) R egulations, 2012

 (i)

The Civil Aviation (Approved Maintenance Organisation) R egulations, 2012

 (j)

The Civil Aviation (Rules of the Air and Air T raffic Control) R egulations, 2006

 (k)

The Civil Aviation (P arachute Operations) R egulations, 2006

 (l)

The Civil Aviation (Operation of Aircraft) R egulations, 2012

Unwritten delegated powers under the Civil Aviation (Procedures for Complaints Handling) Rules, 2009

 Decisions of the Committee of the Authority

Unwritten delegated powers under the T anzania Civil Aviation Authority (Contribution and Administration of the T raining Fund) R egulations, 2013

 Approve candidates applying for sponsorship under

the T raining Fund

Unwritten delegated powers under the Tanzania Civil Aviation (Licensing of Air Services) Regulations

 Grant or revoke a licence to remain in force for a

period not exceeding seven days

 Amend, revoke or suspend an air service licence, not

being an international air carrier licence being an international air carrier licence

 Add, amend or revoke any term or condition of an air

service licence

 Detain aircraft  R

ecall aircraft

Unwritten delegated powers under the Civil Aviation (Ground Handling Services) Regulations, 2007

 R

egulate rates and charges

 R

evocation or suspension of a ground handling licence licence

 R

egulate ground handling charges

Unwritten delegated powers under the Tanzania Civil Aviation (Economic) Regulations, 2006

 Decision whether airfare is excessively high  Decision to stop further fare decreases in a market