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Air Navigation Act, B.E. 2497 (1954)

 

BHUMIBHOL ADULYADEJ, REX.

Given on the 1st September, B.E. 2497;

Being the 9th year of the Present Reign.

 

His Majesty King Bhumibhol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to amend the law on air navigation;

Be it, therefore, enacted by the King, by and with the advice and consent of the Assembly of the People’s Representatives, as follows:-

 

Section 1.

This Act is called the “Air Navigation Act, B.E. 2497 (1954)”.

Section 2.

This Act shall come into force at the expiration of ninety days as from the date of its publication in the Government Gazette.*

Section 3.

The following Law shall be repealed:

(1) The Air Navigation Act, B.E. 2480;

(2) The Air Navigation Act (No 2), B.E. 2490;

(3) The Air Navigation Act (No 3), B.E. 2492; and

(4) All laws, rules and regulations insofar as they are contrary hereto or inconsistent here with the provisions of this Act.

Section 4.

In this Act:

“Aircraft” includes all machines which can derive support in the atmosphere from the reactions of the air, except objects specified in the Ministerial Regulations.

“Transport aircraft” means an aircraft which is used or intended to be used for commercial transport of goods or passengers for remuneration.

“Private aircraft” means an aircraft which is used or intended to be used in activity for non-remuneration.

“Foreign aircraft” means an aircraft duly registered and having nationality according to the foreign law.

“Parachute” means an umbrella like device used for retarding, by air-resistance, the descent of person, thing or animal from a high place.

“Aerodrome” means a defined area on land or water intended to be used either wholly or in part, for the takeoff/landing or surface movement of aircraft, and includes building, installation and equipment there in the aerodrome.

“Licensed aerodrome” means an aerodrome which a person has obtained permission to establish under this Act and the aerodrome notified by the Minister.

“Temporary area for the takeoff/landing of aircraft” means a temporarily set area on land or water intended to be used either wholly or in part for the takeoff/landing or movement of aircraft; including a land surface cleared of trees, or by other means leveled, by one having no rights therein on which an aircraft might take off or land, and which is thirty meters or more in width and three hundred meters or more in length.

“Apron” means an area notified by the Minister for parking aircraft on the licensed aerodrome, and includes other such area on that licensed aerodrome which aircraft is allowed to park temporarily for receive or waiting for receive service in the case of necessity or emergency.

“Ramp service” means any service, other than technical service, performed with aircraft or air navigation business in apron.

“Technical service” means the service, as may be determined in the Ministerial Regulations, concerning the technical of safety of aircraft or aircraft maintenance in apron.

“Air navigation facilities” means services provided for facilitating air navigation of aircraft, and includes any building installation and equipment of such services.

“Convention” means the Convention on International Civil Aviation done at Chicago on the 7th December, 1944, including its Annexes and Amendments of the Annexes or the Convention.

“Personnel” means the pilot, flight navigator, engineer, radio operator, air traffic controller, flight operator officer and the persons performing other duties as may be determined in the Ministerial Regulations.

“Air operator” means the person engaged in air navigation business.

“Minister” means the Minister having charge and control of this Act.

Section 5.

This Act shall not apply to the air navigation in the services of the military, police and other official units as may be determined in the Ministerial Regulations.

Section 6.

The Minister of Transport and Communications shall have charge and control of this Act, and shall have the power to appoint competent officials and to issue Ministerial Regulations on the following matters;

(a) determining fees:

1.Certificate of registration of aircraft;

1. bis License for private aircraft using;

2. Certificate of airworthiness :

(1) for prototype aircraft manufactured in the Kingdom;

(2) for series aircraft manufactured in the Kingdom;

(3) for aircraft imported into the Kingdom;

3. Personnel license or the validation of personnel license issued by any Contracting State to the Convention or by the state entering into an agreement with Thailand;

4. License for establishing aerodrome;

5. License for establishing air navigation facilities;

6. License for establishing temporary area for the takeoff/landing of aircraft;

7. License for ramp service operator;

8. License for technical service operator;

9. Substitute of license or certificate;

(b) determining maximum fees under Section 56;

(c) exemptions fees under (a) or (b) above;

(d) determining other activities for the execution of this Act.

 

CHAPTER 1

Civil Aviation Board

 

Section 7.

There shall be a Civil Aviation Board consisting of the Minister of Transport and Communications as Chairman ex-officio, a Vice-Chairman, and not more than seven other members appointed by the Council of Ministers.

Section 8.

The Vice-Chairman and members of the Board shall hold office for a period of four years. The Vice-Chairman or members of the Board whose term of office has expired may be re-appointed as Vice-Chairman or members of the Board.

Section 9.

The Vice-Chairman and members of the Board are relieved of their office before the expiration of the term upon:

(1) Death;

(2) Resignation;

(3) Being retired by the Council of Ministers.

In case where vacancy occurs before the expiration of the term, a Vice-Chairman or member of the Board shall be appointed in place, as the case may be; and the person so appointed shall hold office only for the unexpired portion of his predecessor’s term of office.

Section 10.

When the Chairman of the Board is absent at any meeting, the Vice-Chairman shall perform the duty instead.

Section 11.

At every meeting of the Civil Aviation Board, the presence of not less than half of all members shall constitute a quorum.

Section 12.

All questions shall be decided by a majority of votes.

Each member shall have one vote. In case of a tie the person presiding at the meeting shall have another vote as the casting vote.

Section 13.

The Civil Aviation Board shall have the power to appoint Sub-Committees for performing any activities or examining or inquiring into any facts which are within the scope of powers and duties of the Civil Aviation Board.

For the meeting of the Sub-Committee, Sections 11 and 12 shall apply, mutatis mutandis.

Section 14.

The Chairman, Vice-Chairman and members of the Board shall receive remunerations as may be determined by the Council of Ministers.

Section 15.

The Civil Aviation Board shall have powers and duties as specified in this Act, and in the following matters:

(1) To take consultation and give advice concerning civil aviation to the Minister;

(2) To issue regulations in compliance with the provisions of this Act and Annexes to the Convention;

Such regulations shall come into force after the approval of the Minster and upon publication in the Government Gazette.

(3) To approve, with the consent of the Minister, the rates of fare and freight of transport aircraft, and the rates of air navigation facilities service charges.

 

CHAPTER 2

General Provisions on Aircraft

 

Section 16.

No person shall fly any aircraft unless there are on board the following:

(1) Certificate of registration;

(2) Nationality and registration marks;

(3) Certificate of airworthiness;

(4) Journey log book;

(5) Personnel License of each member;

(6) License of radio communication apparatus, if it is equipped with radio communication apparatus.

The provisions of the foregoing paragraph shall not apply to;

(1) An aircraft under flight test subject to the conditions laid down by the competent official;

(2) A foreign military aircraft.

Section 17.

No aircraft shall take off from or land at any place other than a licensed aerodrome or a temporary area for the takeoff/landing of aircraft which obtained permission from competent official or which notified by the Minister.

Section 18.

An aircraft must fly along the air routes as determined in the Ministerial Regulations.

Section 19.

An aircraft must comply with the Regulations of the Civil Aviation Board.

Section 20.

Transport aircraft must be collected passenger fares and freight charges at the rates approved by the Civil Aviation Board.

Section 21.

Aircraft registrant, air operator, personnel and other persons on board an aircraft shall act, in the interest of safety, in accordance with the Regulations of the Civil Aviation Board.

Section 22.

No aircraft shall fly into or over the prohibited areas or restricted areas which notified by the Minister in the Government Gazette.

Section 23.

No person shall, by any means whatsoever, use any photographic apparatus in or from any aircraft unless with the permission in writing of the competent official.

Section 24.

No person shall control or launch a pilot-less aircraft, or drop a parachute unless with the permission in writing of the Minister, and in accordance with the conditions determined by the Minister.

Section 25.

No person shall send by, or carry in, any aircraft with munitions of war according to the law on the control of munitions of war unless with the permission in writing of the Minister, and in accordance with the conditions determined by the Minister.

Section 26.

No person shall send by, or carry in, any aircraft with dangerous goods, or animals which may endanger the safety of the aircraft or of the persons on board the aircraft, determined in the Ministerial Regulations unless with the permission in writing of the competent official and in accordance with the conditions determined by the competent official.

Section 27.

No aircraft, other than foreign aircraft, shall fly out of the Kingdom unless with the permission in writing of the Minister.

Section 28.

No foreign aircraft shall fly over or take off, land in the Kingdom unless with the right in accordance with the Convention or the bilateral agreement or the permission in writing of the Minister.

Section 29.

No foreign military aircraft shall fly over or take off, land in the Kingdom unless with the permission in writing of the Minister.

Section 29 bis.

No person shall use private aircraft for air navigation unless license for private aircraft using has been obtained from the Minister.

The licensee under paragraph 1 must comply with the specified conditions attached to the license.

Criteria, procedures and conditions for application, qualifications and descriptions of applicant, validity, suspension and revoke, form of the license for private aircraft using and conditions attached shall be governed by the Ministerial Regulations.

Section 29 ter.

The provision in Section 29 bis paragraph 1 shall not applicable to transport aircraft which is used temporarily for transport of goods or passengers for non-remuneration and which prior informed to the competent official.

Section 29 quarter.

License for private aircraft using issued by the Minister to any private aircraft shall be effective only for that particular aircraft.

Section 29 quinquies.

No person shall fly any private aircraft unless having complied with Section 16 and having a license for private aircraft using on board.

 

CHAPTER 3

Registration and Marking of Aircraft

Section 30.

Subject to Section 31, applicant for aircraft registration under the provisions of this Act shall be the owner of the aircraft to be registered, or if not the owner shall have the right of possession to such aircraft and shall have received the permission of the Minister to effect such registration.

Application for registration and registration of aircraft shall be governed by the Ministerial Regulations.

Section 31.

Applicant for aircraft registration, whether natural or juristic person, shall be of or have Thai nationality.

If a limited company or partnership or public company limited, it must be registered under Thai law with its principal office located within the Kingdom, and

(1) if an ordinary partnership, all partners must be of Thai nationality;

(2) if a limited partnership, all partners with unlimited liability must be of Thai nationality, and at least 51 percent of the capital of such partnerships must belong to natural persons being of Thai nationality;

(3) if a limited company or public company limited, it shall have no bearer shares, a majority of the board of directors must be of Thai nationality, and at least 51 percent of the shares must belong to persons of each or several of the following categories:

(a) natural persons being of Thai nationality;

(b) Ministries, Public Bodies and Departments of the Government,

(c) limited companies or public companies limited of which Ministries, Public Bodies or Departments of the Government hold not less than 51 percent of the total number of shares;

(d) Limited companies or public companies limited which natural persons being of Thai nationality hold not less than 51 percent of the total number of shares;

(e) Other Juristic persons as prescribed in the Ministerial Regulations.

If an association, it must be registered under Thai law with its principal office within the Kingdom, the bye-laws of such association having been approved by the Civil Aviation Board.

Section 32.

A certificate of registration of any aircraft is invalidated when:

(1) a change in ownership of the aircraft takes place in the event the owner was the registrant or a change in the right to possession takes place in the event the lawful possessor was the registrant;

(2) the registrant of such aircraft being disqualified under Section 31;

(3) it appears that the ownership or right of possession of the aircraft’s registrant is not as shown in the application for registration;

(4) such aircraft is so damaged as to be unfit for further use;

(5) the certificate of airworthiness of such aircraft has expired for more than six months;

(6) such aircraft has disappeared for more than three months.

In the event of (1) to (5), the aircraft registrant shall return the certificate of registration to the competent official without delay.

Section 33.

The marking of aircraft shall be governed by the Regulations of the Civil Aviation Board.

 

CHAPTER 4

Airworthiness and Journey Log Books

 

Section 34.

The application for, and the issuance of the certificate of airworthiness, in connection with the prototype aircraft or the series aircraft, shall be governed by the Ministerial Regulations.

Section 35.

Upon finding that any aircraft should be inspected or corrected, the competent official shall have the power to direct the registrant of such aircraft to have such aircraft inspected or corrected as specified within the time prescribed.

Section 36.

When the competent official considers that any aircraft is not safe, he shall have the power to suspense or revoke the certificate of airworthiness of that aircraft.

During the suspension of the certificate of airworthiness under the preceding paragraph, such aircraft is prohibited to fly unless with the permission in writing of the competent official, and in accordance with the conditions determined by the competent official.

Section 37.

When the Civil Aviation Board considers that aircraft of any type is not safe, it shall have the power to suspense or revoke the certificate of airworthiness of all aircraft of that type.

During the suspension of the certificate of airworthiness under the preceding paragraph, any aircraft of such type is prohibited to fly unless with the permission in writing of the Civil Aviation Board, and in accordance with the conditions determined by the Civil Aviation Board.

Section 38.

Aircraft already provided with certificate of airworthiness shall be overhauled according to the Regulations of the Civil Aviation Board.

Section 39.

The certificate of airworthiness shall be valid for the period of time specified therein, but not exceeding one year as from the date of issue.

Section 40.

The certificate of airworthiness of any aircraft is invalidated in the following cases:

(1) When a modification or alteration, which may affect the safety of that aircraft, has been carried out without the approval of the competent official;

(2) When that aircraft has sustained damage or is out of order which, in normal aeronautical engineering practice, cannot be repaired by the personnel;

(3) When there is violation of, or failure to comply with, the order of the competent official given under Section 35;

(4) When there is violation of Section 38.

Section 41.

The Journey log book shall be in accordance with the Regulations of the Civil Aviation Board.

 

CHAPTER 5

Personnel

 

Section 42.

No person shall act as a personnel unless with the permission of the competent official under to this Act, or with the personnel license issued by any Contracting State to the Convention or by the State which has entered into an agreement with Thailand, provided that the personnel of the aircraft registered according to the Thai law obtain permission from the competent official under this Act.

If the holder of the personnel license issued by any contracting State to the Convention or by the State which has entered into an agreement with Thailand, brings that license to be validated by the competent official, he shall be deemed as having obtained permission from the competent official under to this Act.

Section 43.

The application for, the issuance of, and the validation of personnel licenses shall be governed by the Ministerial Regulations.

Section 44.

A person applying to be a personnel must having the following qualifications:

(1) being of Thai nationality;

(2) being of good conduct;

(3) having the age, medical fitness, knowledge and experience as determined in the Regulations of the Civil Aviation Board.

When there is necessity or special cause for any particular case, the Minister shall have the power to exempt the qualifications as determined in this Section.

Section 45.

The privilege of the personnel shall be governed by the Regulations of the Civil Aviation Board.

Section 46.

The personnel license shall be valid for the period of time determined in the Ministerial Regulations.

Section 47.

When it is considered that any personnel has become deficient in the qualification under Section 44 (3) concerning the medical fitness, knowledge or experience, the competent official has the power to order that personnel to undergo a medical examination, theoretical examination, or practical test.

Section 48.

When it appears that any personnel being disqualified under Section 44; or fails to comply with the order of the competent official under to Section 47; or violates the provisions of this Act; or having been sentenced by a judgment to imprisonment according to other laws except for a petty offence, or an offence having punishment on the level of petty, or an offense committed through negligence; the competent official has the power to suspense or the revoke the license of that personnel.

Section 49.

The personnel must comply with the discipline determined in the Regulations of the Civil Aviation Board.

Section 50.

No personnel shall act as a flight crew member whilst he is suffering from illness or receives injury which may impair his efficiency in performing those duties. If the illness or the suffering from the injury lasts from 14 days upwards, the personnel is prohibited to perform his duties until the physician designated by the competent official shall have examined and issued a certificate stating that personnel has recovered from the illness or the injury, and the competent official has permitted him to resume his duties.

Section 50 bis.

Except in case of emergency which might endanger the aircraft, no aircraft commander shall control an aircraft take off, land at other than a licensed aerodrome, or a temporary area for the takeoff/landing of aircraft which have been licensed or which have been notified by the Minister, which the competent official have designated for that flight.

 

CHAPTER 6

Aerodromes and Air Navigation Facilities

 

Section 51.

No person shall establish an aerodrome or air navigation facilities unless with the permission, by the approval of the Minister, of the competent official.

Section 52.

The application for, and the issuance of, license for establishing aerodrome or air navigation facilities shall be governed by the Ministerial Regulations.

Section 53.

No person shall establish any temporary area for the takeoff/landing of aircraft unless with the permission of the competent official.

The licensee under this Section must comply with the procedures and conditions determined by the competent official.

Section 53 bis.

When it appears that a plot has, or several plots of land together have, a surface thirty meters or more in width and three hundred meters or more in length which might be used by an aircraft for take-off, landing, the competent officials shall have the power to order, in writing, the person who has rights in such plot to erect such obstructions as may be specified in order to prevent such plot from being used as a take-off or landing of aircraft. In such case, if the said person can not erect or do not accept to erect the obstruction, the competent official shall have the power to erect it.

No person shall destroy, remove, or render useless the obstruction mentioned in the first paragraph unless with the permission of competent official.

Section 54.

 When it appears that any licensee for establishing aerodrome, air navigation facilities or temporary area for takeoff/landing of aircraft fails to comply with the Ministerial Regulations or procedures and conditions prescribed therefore by the competent official, the competent official shall have the power to suspense or revoke that license.

Section 55.

The Minister shall have the power to issue a notification determining any area, on land or water, as licensed aerodrome or temporary area for the takeoff/landing of aircraft.

Section 56.

Passenger service charges for departing from aerodrome, landing fees and storage fees at license aerodrome or temporary area for the takeoff/landing of aircraft shall be collected as prescribed in the Regulations of the Civil Aviation Board which shall not exceed the rates prescribed in the Ministerial Regulations.

Section 57.

The air navigation facilities service charges may be collected at the rates approved by the Civil Aviation Board.

Section 58.

The Minister shall have the power to publish in the Government Gazette, the area adjoining the aerodrome or the site of air navigation facilities as air navigation safety zone.

Section 59.

Within the air navigation safety zone under Section 58, no person shall construct or modify buildings or other structures, or plant trees unless with the permission, in writing of the competent official.

In granting permission under this Section, the competent official may determine any conditions as he thinks fit.

Section 60.

If it appears that there is violation of Section 59 paragraph 1 or violation of conditions under Section 59 paragraph 2, the competent official shall have the power to order, in writing, the violator to demolish the buildings or structures or to cut down or remove the trees within a determined period of time.

In case where there is violation of the order of the competent official under the preceding paragraph, the competent official shall have the power to take measures in demolishing the buildings or structures or cutting down or removing the trees. The expenses incurred for this purpose shall be reimbursed by the violator.

 

CHAPTER 6 bis

 

Section 60 bis.

- repealed -

Section 60 ter.

The proprietors or persons entitled to possession of an aircraft or their agents shall collect the passenger service charges from their passengers. If the proprietors or persons entitled to possession of the aircraft or their agents are not within the Kingdom, the charges shall be collected by the aircraft commander or the competent official who appointed by the Minister.

The proprietors or persons entitled to possession of the aircraft, their agents or competent official shall remit the charges collected under the first paragraph together with the passenger manifest certified by the competent official under the immigration law to the competent official which is the airport manager within seven days from the date of departure of the passengers.

In the event the passenger service charges are collected by the aircraft commander, he shall remit them together with the passenger manifest certified by the competent officer under the immigration law to the competent officer which is the airport manager prior to the departure of the aircraft.

Proprietors, person entitled to possession of an aircraft, their agents or the aircraft commander who do not carry out the provisions of this Section shall be liable to pay three times the amount of the passenger service charges which they were under a duty to collect.

There shall be established a revolving fund accounting according to the law on treasury reserve.

Money collected under this Section shall be remitted to the revolving fund accounting under paragraph five. The payments of the money from the Working Fund shall be made, in accordance with the regulations prescribed by the Minister with the consent of the Ministry of Finance, only for specific affair which is to afford facilities to passengers within the aerodrome which the charges have been collected.

 

CHAPTER 6 TER

Ramp Service and Technical Service

 

Section 60 Quarter.

The Minister shall have the power to publish in the Government Gazette, the prescription of apron in licensed aerodrome.

After the prescription of apron in any licensed aerodrome by the Minister, no person shall operate ramp service or technical service in the prescribed apron unless he hold a valid license for ramp service operator or technical service operator, as the case may be, from the competent official with the approval of the Minister.

Section 60 QuinQuies.

A licensee as for a ramp service operator or technical service operator shall have the qualifications and descriptions in accordance with the regulations of the Civil Aviation Board; or shall be a foreign designated airline, accepted by Thailand under bilateral air services agreement, from the country whose regulations do not prohibited or restricted Thai designated airline from operate the ramp service or technical service, as the case may be, in that country.

Criteria, procedures and conditions for issuance of the license for ramp service operator or technical service operator, validity, suspension and revoke of the said license shall be governed by the Ministerial Regulation.

Licensee under this Section must operate in accordance with conditions determined by competent official.

Section 60 Sexies.

A ramp service operator may collect a service charges not exceeding the rates that approved, with the consent of the Minister, by the Civil Aviation Board.

Section 60 Septies.

No person shall enter the apron unless comply with safety measures as prescribed by the proprietor of the licensed aerodrome or the person assigned by him to take charge of the licensed aerodrome.

Person entering the apron shall comply with the Regulations of the Civil Aviation Board.

 

CHAPTER 7

Accidents

 

Section 61.

When an accident occurs to any aircraft within the Kingdom or to a Thai aircraft abroad, the registrant of such aircraft if a Thai aircraft, or the representative of the owner if a foreign aircraft shall report the accident to the competent official without delay and shall file a report as determined in the Regulations of the Civil Aviation Board.

Section 62.

When any accident occurs to any aircraft in the Kingdom, the aircraft shall be under the custody of the competent official, and no person shall do anything to the aircraft or parts thereof without obtaining permission from the competent official, the administrative official or the police, except in case of necessity to:

(1) save persons, mails and animals from dangers;

(2) protect the aircraft from damage by fire or by any other cause;

(3) prevent dangers to the public;

(4) remove the aircraft or parts thereof so as not to become obstruction to air navigation or the other mode of transportation;

(5) remove the aircraft or parts thereof to a place of safety when the aircraft is wrecked on the water, or

(6) remove things or merchandise to save them from dangers, and it shall, in this case, be done under the supervision of the competent official, the administrative official or the police.

Section 63.

The Minister shall have the power to appoint a Committee of Inquiry for conducting an inquiry into any matter connected with the accident of aircraft in the Kingdom.

Section 64.

The Committee of Inquiry appointed under Section 63 shall have the following powers:

(1) To enter any land, house, building or structure where the aircraft or parts thereof having accident, fall or appear;

(2) To order any person to come to give statements or send documents or any objects which are evidence in connection with the aircraft accident.

 

CHAPTER 8

Power to Inspect, to Seize and to Delay

 

Section 65.

The competent official shall have the power to demand for inspection the documents under Section 16, and if it appears that there is violation of the provisions of this Act concerning any document, the competent official shall have the power to seize such documents for further proceedings.

Section 66.

For the execution of this Act, the competent official shall have the power:

(1) to enter any premises of the licensed aerodrome, the temporary area for the takeoff/landing of aircraft or the site of air navigation facilities;

(2) to enter, during working hours, any works or premises in which aircraft or parts thereof are being manufactured, assembled, repaired, or are being inspected and overhauled, and to inspect and examine such work as well as parts thereof, and the drawings relating thereto;

(3) to get on board, inspect and search any aircraft which, he has reason to believe, contains prohibited goods or goods which are restricted under this Act or any other laws, or goods which have been imported into, or are being exported out of, the Kingdom as evading customs duties;

(4) to inspect any aircraft already provided with certificate of airworthiness, from time to time as he thinks fit;

(5) to enter and inspect any place where aircraft is stored;

(6) to seize prohibited goods or goods which are restricted under this Act or any other laws, or goods which have been imported into, or are being exported out of, the Kingdom as evading customs duties.

Section 67.

When there is violation of the provisions of this Act relating to any aircraft, the competent official shall have the power to delay the departure of that aircraft.

 

CHAPTER 9

Penalties

 

Section 68.

Whoever violates Section 16 Section 29 bis or Section 62 shall be punished by a fine not exceeding four thousand Baht or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.

Section 68 bis.

Whoever violates Section 29 bis paragraph 1 shall be punished by a fine not exceeding one hundred thousand Baht or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment.

Section 68 ter.

Any private aircraft using licensee who does not comply with specified conditions attached to the license as prescribed in Section 29 bis paragraph 2 shall be punished by a fine not exceeding ten thousand Baht. In case that offences being continuous, the licensee shall be punished by a fine at an addition of one thousand Baht per day until the date comply with.

Section 69.

Any aircraft commander who violates Section 17, Section 18, or Section 50 bis shall be punished by a fine not exceeding thirty thousand Baht and imprisonment for not exceeding five years, and if such violation is the cause of damage to the aircraft or endanger to a person, the aircraft commander shall be punished by a fine not exceeding fifty thousand Baht and imprisonment not exceeding ten years.

Section 69 bis.

Any aircraft commander who violates Section 19 shall be punished by a fine not exceeding two thousand Baht or by imprisonment for a period not exceeding three months, or by both such fine and imprisonment.

Section 70.

Any registrant of an aircraft who violates Section 20, Section 32 last paragraph, or Section 33 shall be punished by a fine not exceeding two thousand Baht.

Section 71.

Whoever violates Section 21 shall be punished by a fine not exceeding three thousand Baht.

Section 72.

Any aircraft commander who violates Section 22 shall be punished by a fine not exceeding five thousand Baht or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment.

Section 72 bis.

Any aircraft commander who violates Section 27 shall be punished by a fine not exceeding fifty thousand Baht and imprisonment for a period not exceeding ten years.

Section 73.

Whoever violates Section 23 shall be punished by a fine not exceeding one thousand Baht or by imprisonment for a period not exceeding one month, or by both such fine and imprisonment.

Section 74.

Whoever violates Section 24 shall be punished by a fine not exceeding ten thousand Baht or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment.

Section 75.

Whoever violates Section 25, Section 26 or Section 42 shall be punished by a fine not exceeding five thousand Baht or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment.

Section 76.

Any aircraft commander of a foreign aircraft or a foreign military aircraft, who violates Section 28 or Section 29, as the case may be, shall be punished by a fine not exceeding five thousand Baht or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment.

Section 77.

Any aircraft commander who violates Section 36 paragraph 2 or Section 37 paragraph 2 shall be punished by a fine not exceeding two thousand Baht or by imprisonment for a period not exceeding three months, or by both such fine and imprisonment.

Section 78.

Any personnel who violates Section 49 or Section 50 shall be punished by a fine not exceeding one thousand Baht.

Section 79.

Any person who violates Section 51 or Section 53, paragraph 1 shall be punished by a fine not exceeding fifty thousand Baht and imprisonment for a period not exceeding ten years.

Section 80.

Any proprietor of a licensed aerodrome or a temporary area for the takeoff/landing of aircraft, who violates Section 56 shall be punished by a fine not exceeding five thousand Baht.

Section 80 bis.

Whoever violates the specifications of the competent official under Section 53 paragraph 2, does not comply with the orders of the competent official under Section 53 bis without sufficient reason, does not allow the competent official to erect obstructions under Section 53 bis, or violates Section 53 bis paragraph 2 shall be punished by a fine not exceeding five thousand Baht or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment.

Section 81. Any proprietor of air navigation facilities who violates Section 57 shall be punished by a fine not exceeding two thousand Baht.

Section 81 bis.

Whoever violates Section 60 septies paragraph 2 shall be punished by a fine not exceeding twenty thousand Baht or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment.

Secttion 81 ter.

Whoever violates Section 60 septies paragraph 1 shall be punished by a fine not exceeding three thousand Baht or by imprisonment for a period not exceeding three months, or by both such fine and imprisonment.

Section 81 quarter.

Whoever fails to comply with the Regulations of the Civil Aviation Board under Section 60 septies paragraph 2 shall be punished by a fine not exceeding three thousand Baht.

Section 82.

Any registrant of an aircraft if such aircraft is Thai, or representative of an owner if such aircraft is foreign who violates Section 61 shall be punished by a fine not exceeding five thousand Baht.

Section 83.

Whoever obstructs the performance of the Committee of Inquiry under Section 64 (1), or fails to comply with the order of the Committee of Inquiry under Section 64 (2), shall be punished by a fine not exceeding two thousand Baht or by imprisonment for a period not exceeding three months, or by both such fine and imprisonment.

Section 84.

Regarding the offenses under this Act for which the punishment is fine only, the competent official shall have the power to settle the case.

 

 

Countersigned by Field Marshal P. Pibulsonggram as Prime Minister.

 

Note

- Section 4 the “Private aircraft” added by Air Navigation Act (No.9), B.E. 2534

- Section 4 the “Temporary area for the takeoff/landing of aircraft” added by Air Navigation Act (No.7), B.E. 2521

- Section 21 was amended by Air Navigation Act (No.3), B.E. 2502

- Section 29 bis, ter, quarter and quinquies was added by Air Navigation Act (No.9), B.E. 2534

- Section 30 was amended by Air Navigation Act (No.3), B.E. 2502

- Section 31 was amended by Air Navigation Act (No.10), B.E. 2542

- Section 32 was amended by Air Navigation Act (No.3), B.E. 2502

- Section 35 was amended by Air Navigation Act (No.3), B.E. 2502

- Section 50 bis was added by Air Navigation Act (No.2), B.E. 2498

- Section 53 bis and Section 56 was amended by Air Navigation Act (No.8), B.E. 2525

- Section 60 Quarter, QuinQuies, Sexies, and Septies was added by Air Navigation Act (No.7), B.E. 2521

 

Published in the Government Gazette, Vol.71, Part 58, Page 1249, dated 14th September B.E. 2497 (1954)