Corporate Lawyer Nepal is well-versed in almost every major area of aviation law and litigation. Narayan Prasad Giri, an expert lawyer who has worked for the Civil Aviation Authority for over 30 years, is part of our team. In insurance-related lawsuits, we regularly represent aviation clients.
Our team members will assist you in obtaining an air operator’s certificate (AOC), claiming insurance amounts, and engaging in litigation, as well as with aircraft financing and leasing, aviation regulation, policy, and business aviation issues.
Our Aviation Team advises and represents domestic and international airlines, as well as other aviation clients, on legal issues relating to all aspects of their operations on a regular basis.
1. What is the definition of Aviation Law?
Aviation law is a relatively new area of law that focuses on air transportation, safety precautions, and aviation business. Aviation law is a complex body of law that governs all legal aspects of aircraft and aircraft operations. In Nepal, the Nepal Civil Aviation Authority Act, 2053 (1996) and the Nepal Civil Aviation Act 2015 address airline industry issues.
2. How does an airline get registered in Nepal?
An airline is any company, firm, or individual that operates an airline with the goal of operating air transport and accepting responsibility for the transportation of passengers, mail, or goods. The company must first and foremost be registered in Nepal.
When it comes to registering a business. When the company is formed, the capital should be distributed as follows. In Nepal, non-registered airlines are not permitted to operate. The Civil Aviation Authority is in charge of all aviation-related activities in Nepal.
A. The Airlines Company’s capital structure
International Airlines – In the Interest of International Airlines A minimum of $500 million in authorized capital is required.
Domestic vs. International Airlines the authorized capital must be in the amount of $150 million.
B. Domestic Airlines’ Minimum Plane Requirement
Any airline that wishes to operate scheduled domestic flights must have a minimum of three planes. One of the three planes must be capable of landing at a remote airport, and one of the planes must be owned by the airline.
C. The company must not be blacklisted.
Any airline that wishes to obtain a license must have no outstanding debts to the Nepalese government. Nepal Rastra Bank must not blacklist the company
D. Aircraft Nationality
If the aircraft is to be registered in Nepal, the nationality of the aircraft would be Nepali. The nationality of an aircraft is determined by the state in which it is registered. An aircraft registered in another country is not permitted to be registered in Nepal. Aircraft whose registration in another country has been revoked may be registered in Nepal.
E. Provide the National Mark as well as the Registration Number
The Civil Aviation Authority assigns a National Mark and a Registration Number to each registered aircraft. The aforementioned National Mark and Registration Number should be prominently displayed in the airplane so that they are visible to all passengers. The national mark and registration number emblem and registration number must be clearly marked in a visible manner on aircraft to be operated in Nepal.
F. Civil Aviation Authority certifies an aircraft’s airworthiness (CAAN)
Civil Aviation Authority Nepal (CAAN) Airline Company will present evidence before the Civil Aviation Authority Nepal (CAAN) that aircraft manufactured under a production certificate. They must adhere to a type design that has been approved under a type certificate or supplemental type certificate, as well as applicable Airworthiness Directives.
After the inspection is completed, the CAAN will monitor the 100-hour period and issue an airworthiness certificate. The Air Worthiness Certificate for aircraft registered in Nepal is issued by Nepal
G. Civil Aviation Authority air operator’s certificate (AOC) (CAAN)
Companies registered in Nepal for commercial purposes must obtain the certificate known as an air operator’s certificate (AOC) in order to operate the certificate known as an air operator’s certificate (AOC) (AOC). The airline must submit the following documents to obtain the certificate, which is listed below.
- Airworthiness Certificate • Crew Training List and Aircraft Operations Manual • Carriers Liability Insurance (for Airlines) – Operators must have enough insurance to cover the injury or death of any passenger carried.
- Evidence that the operator has sufficient financial resources to fund the operation.
- Individual license for each member of the crew on board • Aircraft journey log book
- A radio station license is required if the aircraft is equipped with radio equipment.
H. Agreement on Air Service
An Air Service Agreement must be signed in order for the airlines to operate between Nepal and other countries. In order for the Foreign Airlines Company to begin operating flights in Nepal, an Air Service Agreement must be signed. On 21 December 1923, Nepal entered into an agreement for the first time between the Nepal–Britain Treaty, an Air Service Agreement. Aviation lawyer Narayan Giri of Prime Legal Consultants and Research Center has experience working with several countries while entering into an Air Service Agreement and reviewing draft Air Service Agreements.
Conclusion
Corporate Lawyer Nepal have experienced attorneys who can assist you with legal issues concerning aviation and the practice of aviation law. We assist airlines in Nepal with their registration process. We also provide assistance in the case of unintentional deaths caused by airline crashes. We have an experienced attorney who spent over 30 years working for the Civil Aviation Authority of Nepal (CAAN).
If you need such legal assistance, please contact us at +977-9849517735 or info@corporatelawyernepal.com.np