Client Alert:

New General Aviation Regulation (SHY-6B) on Non-Commercial Aviation Activities

A new General Aviation Regulation (SHY-6B) numbered 28647 (“Regulation”) relating to non-commercial aviation activities and regulating the licensing principles applicable to the non-commercial aviators as well as the procedures and standards they are subject to came into force on May 14, 2013.

Article 5 provides that the Regulation covers but is not limited to the following aviation activities:

• Agricultural spraying and aerial firefighting,

• Helicopter freight transport,

• Aerial advertising,

• Aerial filming of sporting events, traffic reporting and similar aerial activities,

• Aerial photography, mapping, geographic and seismic researches,

• Skydiving,

• Search and rescue, disaster relief,

• Hunting – aerial wildlife conservation,

• Aerial seeding and forest pests control,

• Watch and control of drainage basins, rivers, lakes and dams, and

• Forest surveillance.

Pursuant to Article 7 of the Regulation, all real persons and legal entities (“Operator”) performing the above listed activities must obtain an authorization from the Directorate General of Civil Aviation (“Directorate General”). The procedures applicable to the applications submitted by the Operators and licensing thereof are also regulated by the Regulation.

The Regulation stipulates certain criteria for Operators and the organizational structure of the Operator is strictly controlled by the Directorate General. Operators must notify the Directorate General about any changes to their management, shareholders, shareholding structure or their registered office and/or contact details, within one month of the relevant change. Moreover, the real person Operators must be Turkish citizens. The legal entity Operators shall have the majority of their shares owned by Turkish shareholders and the majority of the board shall consist of Turkish citizens.

Pursuant to Article 29 of the Regulation, if the authorities find that the Operator licensed under this Regulation performs any commercial passenger and/or freight transportation activity, then the operation license of that Operator will be revoked.

Finally, the Operators may lease their aircraft to third parties for non-commercial purposes and for a maximum period of 15 days provided that the conditions set forth under Article 31 of the Regulation are met.

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