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Law No. (7) of 2021On Regulating Light Air Sports in Emirate of Ras Al Khaimah

Law
Law No. (7) of 2021On Regulating Light Air Sports in Emirate of Ras Al Khaimah We, Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah After perusal of Constitution; And Federal Law no. 12 of 1976 on Police & Security Force; And Federal Law no. 3 of 1987 on issuing Penal Code, as amended; And Federal Law no. 20 of 1991 on issuing Civil Aviation Code; And Federal Law no. 4 of 1996 on General Civil Aviation Authority, as amended; And Law no. 1 of 2012 on regulating Department of Civil Aviation in emirate of Ras Al Khaimah, as amended; And Law no. 7 of 2012 on establishing executive council in emirate of Ras Al-Khaimah; And Law no. 8 of 2016 on regulating practice of economic activities in emirate of Ras Al-Khaimah; And after approval of the Executive Council. Have promulgated the following law: Article (1) In applying the provisions of this law, the following words and phrases shall have the meanings before each of them unless the context indicates otherwise: The State: United Arab Emirates. Emirate: Emirate of Ras Al-Khaimah. Authority: General Civil Aviation Authority Department: Department of Civil Aviation in the Emirate. President: Department President. Concerned Authorities: Ras Al Khaimah Police General Headquarters, Tourism Development Authority in the emirate, Al Jazirah Aviation Club and any other licensed aviation club. Light Air Sport: Any aerial recreational activity practiced by light sport aircraft or remote control aircrafts. Aircraft: Any machine that is able to derive its survival in air from the reactions of air that are not reflected from earth surface and it includes all air vehicles such as balloons with fixed and movable wings, barometer and etc., whenever they are intended for civil purposes. Light Sport Aircraft: light aircraft of various shapes, sizes and types that operates with or without engine. Drone: An aircraft that flies in the air without a pilot being on board and it includes unaided-eye piloted aircraft, remotely piloted aircraft and autonomous drone. Unaided-Eye Guided Aircraft: A drone that is controlled by a radio and its movement shall be under control by unaided-eye of the pilot of the drone. Remotely Piloted Aircraft: A drone that is wirelessly controlled and its movement shall be under control through remote control station. Autonomous Drone: A drone that is controlled by being programmed and its movement shall be under control automatically. Sport Parachute: An oval-shaped chute carried on the back or fixed on base equipped by an engine installed on base whether on three tires or amphibious rafts and the like of sport parachutes such as barometer. Approved Areas: Areas determined by the Authority or Department with geographical coordinates, illustrative maps or electronic applications for the purpose of practicing air sport. They shall be outside dangerous, restricted or prohibited areas. Aviation Guide: Bulletin issued by the Authority or any instructions issued by the Department that include information or bulletins related to air sports or aviation in general. Article (2) Provisions of this law shall apply to light air sports that are practiced on the territory of the emirate, including Ras Al Khaimah Economic Zones. Article (3) The Department shall have the competence to grant permits to practice light air sports in all forms thereof. The President shall issue instructions and requirements to practice these sports in coordination with concerned authorities. Article (4) It is prohibited to operate light sport aircrafts that are registered outside the emirate except after obtaining permit from the Department. Article (5) The President, in coordination with concerned authorities and all relevant authorities, shall issue technical specifications that should be provided in light air sports aircrafts and conditions that should be provided in users thereof and usage controls, as well as develop a mechanism to control and inspect these aircrafts. Article (6) Practice of light air sports shall adhere to boarders of determined areas, systems and requirements of the Department and licensed aviation clubs in the emirate. Article (7) Upon practicing light air sports, it is prohibited to do any of the following: 1- Use remotely piloted aircrafts, drones, or autonomous drones, or unaided-eye guided aircrafts in the territory of the emirate without registering the same with the Authority. 2- Fly over the emirate’s territory by aircrafts equipped with aerial photography machines or remote sensing or information gathering techniques or use these machines and techniques except by prior permit from the Department and in coordination with concerned authorities. 3- Photograph public facilities or buildings in cases other than those permitted by law. 4- Any act or refrainment that may affect safety and security of civil aviation and air navigation or individuals and properties. 5- Fly over human gatherings or places of celebrations and public activities. 6- Use light sport aircrafts in dangerous air shows that exceed the capacity of the aircraft as stated in manual of its use. 7- Group flight except after meeting controls set by the Department. 8- Fly in dangerous or restricted areas except after obtaining permit from air navigation units and the Department. 9- Fly in prohibited areas mentioned in aviation guide. Article (8) Without prejudice to any more severe penalty stipulated by any other legislation, whoever committed any of the following acts shall be punished by imprisonment and fine or any of these two penalties: 1- Endangered safety and security of airspace. 2- Manufactured, assembled, modified or maintained drones and their systems or developed simulation and training systems without obtaining a permit to do so from the Department. 3- Exported, introduced or sold drones or their parts or systems in the emirate without obtaining a permit to do so from the Department. Article (9) Schedules of fees and other violations of provisions of this law and resolutions issued in implementation thereof and fines resulted from such violations shall be issued by resolution from the Executive Council , based on proposal from the Department and proceeds of these fees and fines shall devolve upon treasury of the Department. Article (10) Employees of the Department, designated by resolution from Attorney General based on suggestion of the Department, shall be empowered with capacity of law officer in proving acts committed in violation of provisions of this law and resolutions issued in implementation thereof. Article (11) President shall issue all necessary resolutions and instructions to implement this law. Article (12) Provisions of Resolution no. 2 of 2015 on system of practicing light air sports issued by Board-Directors of the Authority shall apply to whatever not specially mentioned in this law. Article (13) Department is entitled to reconcile with the violator against payment of half of the determined fine and after removal of violation’s reasons. Article (14) Ownership of all machines and tools confiscated in accordance with provisions of this law shall devolve upon the Department and it may return them to their owners after removal of violation’s reasons or recycle or damage them if dealing therewith is prohibited. Article (15) All authorities and individuals concerned with applying this law shall reconcile their positions in accordance with provisions thereof within one year from the date of applying it. Article (16) This law shall come into force from the date of its issuance and shall be published in the Official Gazette. Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah Issued by us on this day eleven of Dhul Qa’dah 1442H. Corresponding to twenty first of June 2021G.
  • In applying the provisions of this law, the following words and phrases shall have the meanings before each of them unless the context indicates otherwise:
    The State: United Arab Emirates. 
    Emirate: Emirate of Ras Al-Khaimah.
    Authority: General Civil Aviation Authority
    Department: Department of Civil Aviation in the Emirate.
    President: Department President. 
    Concerned Authorities: Ras Al Khaimah Police General Headquarters, Tourism Development Authority in the emirate, Al Jazirah Aviation Club and any other licensed aviation club. 
    Light Air Sport: Any aerial recreational activity practiced by light sport aircraft or remote control aircrafts.
    Aircraft: Any machine that is able to derive its survival in air from the reactions of air that are not reflected from earth surface and it includes all air vehicles such as balloons with fixed and movable wings, barometer and etc., whenever they are intended for civil purposes. 
    Light Sport Aircraft: light aircraft of various shapes, sizes and types that operates with or without engine.
    Drone: An aircraft that flies in the air without a pilot being on board and it includes unaided-eye piloted aircraft, remotely piloted aircraft and autonomous drone.
    Unaided-Eye Guided Aircraft: A drone that is controlled by a radio and its movement shall be under control by unaided-eye of the pilot of the drone. 
    Remotely Piloted Aircraft: A drone that is wirelessly controlled and its movement shall be under control through remote control station.
    Autonomous Drone: A drone that is controlled by being programmed and its movement shall be under control automatically. 
    Sport Parachute: An oval-shaped chute carried on the back or fixed on base equipped by an engine installed on base whether on three tires or amphibious rafts and the like of sport parachutes such as barometer.
    Approved Areas: Areas determined by the Authority or Department with geographical coordinates, illustrative maps or electronic applications for the purpose of practicing air sport. They shall be outside dangerous, restricted or prohibited areas. 
    Aviation Guide: Bulletin issued by the Authority or any instructions issued by the Department that include information or bulletins related to air sports or aviation in general. 
  • Provisions of this law shall apply to light air sports that are practiced on the territory of the emirate, including Ras Al Khaimah Economic Zones.
  • The Department shall have the competence to grant permits to practice light air sports in all forms thereof. The President shall issue instructions and requirements to practice these sports in coordination with concerned authorities. 

  • It is prohibited to operate light sport aircrafts that are registered outside the emirate except after obtaining permit from the Department. 
  • The President, in coordination with concerned authorities and all relevant authorities, shall issue technical specifications that should be provided in light air sports aircrafts and conditions that should be provided in users thereof and usage controls, as well as develop a mechanism to control and inspect these aircrafts.
     
  • Practice of light air sports shall adhere to boarders of determined areas, systems and requirements of the Department and licensed aviation clubs in the emirate. 

  • Upon practicing light air sports, it is prohibited to do any of the following: 
    1- Use remotely piloted aircrafts, drones, or autonomous drones, or unaided-eye guided aircrafts in the territory of the emirate without registering the same with the Authority. 
    2- Fly over the emirate’s territory by aircrafts equipped with aerial photography machines or remote sensing or information gathering techniques or use these machines and techniques except by prior permit from the Department and in coordination with concerned authorities. 
    3- Photograph public facilities or buildings in cases other than those permitted by law. 
    4- Any act or refrainment that may affect safety and security of civil aviation and air navigation or individuals and properties. 
    5- Fly over human gatherings or places of celebrations and public activities. 
    6- Use light sport aircrafts in dangerous air shows that exceed the capacity of the aircraft as stated in manual of its use. 
    7- Group flight except after meeting controls set by the Department.  
    8- Fly in dangerous or restricted areas except after obtaining permit from air navigation units and the Department. 
    9- Fly in prohibited areas mentioned in aviation guide. 
  • Without prejudice to any more severe penalty stipulated by any other legislation, whoever committed any of the following acts shall be punished by imprisonment and fine or any of these two penalties:
    1- Endangered safety and security of airspace.
    2- Manufactured, assembled, modified or maintained drones and their systems or developed simulation and training systems without obtaining a permit to do so from the Department. 
    3- Exported, introduced or sold drones or their parts or systems in the emirate without obtaining a permit to do so from the Department.
  • Schedules of fees and other violations of provisions of this law and resolutions issued in implementation thereof and fines resulted from such violations shall be issued by resolution from the Executive Council , based on proposal from the Department and proceeds of these fees and fines shall devolve upon treasury of the Department. 

  • Employees of the Department, designated by resolution from Attorney General based on suggestion of the Department, shall be empowered with capacity of law officer in proving acts committed in violation of provisions of this law and resolutions issued in implementation thereof. 

  • President shall issue all necessary resolutions and instructions to implement this law.
  • Provisions of Resolution no. 2 of 2015 on system of practicing light air sports issued by Board-Directors of the Authority shall apply to whatever not specially mentioned in this law. 
  • Department is entitled to reconcile with the violator against payment of half of the determined fine and after removal of violation’s reasons.
  • Ownership of all machines and tools confiscated in accordance with provisions of this law shall devolve upon the Department and it may return them to their owners after removal of violation’s reasons or recycle or damage them if dealing therewith is prohibited. 
  • All authorities and individuals concerned with applying this law shall reconcile their positions in accordance with provisions thereof within one year from the date of applying it.
  • This law shall come into force from the date of its issuance and shall be published in the Official Gazette.
Classification
  • Civil Legislation
  • Economic Legislation
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