Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
29 May 1997[shall come into
force on 24 June 1997];
30 October 1997 [shall come into force on 28 November
1997];
11 June 1998 [shall come into force on 15 July
1998];
22 October 1998 [shall come into force on 13 November
1998];
11 November 1999 [shall come into force on 1 January
2000];
9 May 2002 [shall come into force on 31 May 2002];
12 June 2003 [shall come into force on 17 July
2003];
4 March 2004 [shall come into force on 18 March
2004];
22 April 2004 [shall come into force on 1 May
2004];
16 September 2004 [shall come into force on 15 October
2004];
28 April 2005 [shall come into force on 4 May
2005];
22 June 2005 [shall come into force on 26 July
2005];
15 December 2005 [shall come into force on 1 January
2006];
11 May 2006 [shall come into force on 13 June
2006];
26 October 2006 [shall come into force on 9 November
2006];
29 March 2007 [shall come into force on 2 May
2007];
7 June 2007 [shall come into force on 20 June
2007];
13 March 2008 [shall come into force on 16 April
2008];
12 February 2009 [shall come into force on 11 March
2009];
16 July 2009 [shall come into force on 13 August
2009];
1 December 2009 [shall come into force on 1 January
2010];
30 September 2010 [shall come into force on 21 October
2010];
9 June 2011 [shall come into force on 30 June
2011];
21 March 2013 [shall come into force on 24 April
2013];
27 March 2014 [shall come into force on 22 April
2014];
2 October 2014 [shall come into force on 1 November
2014];
9 June 2016 [shall come into force on 13 July
2016];
23 November 2017 [shall come into force on 20 December
2017];
11 October 2018 [shall come into force on 1 January
2019];
20 June 2019 [shall come into force on 16 July
2019];
7 November 2019 [shall come into force on 5 December
2019];
23 November 2020 [shall come into force on 1 January
2021];
3 December 2020 [shall come into force on 15 December
2020];
6 October 2022 [shall come into force on 3 November
2022];
13 October 2022 [shall come into force on 1 January
2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted
and the President has proclaimed the following law:
On
Aviation
Terms Used in this Law
Prohibited area - restricted airspace above the State
land territory or the internal or territorial waters of the
Baltic Sea in which aircraft flights are prohibited.
Occurrence in civil aviation - the occurrence referred
to in Article 2(7) of Regulation (EU) No 376/2014 of the European
Parliament and of the Council of 3 April 2014 on the reporting,
analysis and follow-up of occurrences in civil aviation, amending
Regulation (EU) No 996/2010 of the European Parliament and of the
Council and repealing Directive 2003/42/EC of the European
Parliament and of the Council and Commission Regulations (EC) No
1321/2007 and (EC) No 1330/2007.
Aviation meteorological minimum - the minimal
meteorological conditions in which aircraft are permitted to
perform take-offs and landings at civil aerodromes. The aviation
meteorological minimum is characterised by specific visual or
instrumental visibility on the runway and the lower limit of the
height of clouds.
Accident - the accident referred to in Article 2(1) of
Regulation (EU) No 996/2010 of the European Parliament and of the
Council of 26 October 2010 on the investigation and prevention of
accidents and incidents in civil aviation and repealing Directive
94/56/EC (hereinafter - Regulation No 996/2010).
Civil aviation - the aggregate of aircraft, aerodromes,
and other objects which are intended for the performance of
carriage by air and aerial work, and also for aviation sport,
aviation propaganda, and other public and private needs.
Civil aviation security - a complex of measures and
human and material resources intended for the protection of civil
aviation against unlawful acts of interference in the operation
thereof.
Civil aviation security programme - measures necessary
for the protection of civil aviation against unlawful acts of
interference.
Civil aviation aircrew - persons who, in accordance
with the procedures stipulated by the relevant aviation
authority, are assigned to operate an aircraft during a flight
thereof.
Civil aviation flight crew member - a civil aviation
aircrew member whose duties are related to controlling an
aircraft.
Civil aviation aircraft cabin crew member - a civil
aviation aircrew member whose duties are related to the safety
interests of passengers and servicing of passengers on an
aircraft.
Civil aviation aircraft - an aircraft registered in the
Civil Aviation Aircraft Register and not used by the military,
customs, or State Border Guard services.
Civil aviation personnel - natural persons holding
qualification corresponding for performing functions in the field
of civil aviation.
Instructions of a controller - directive instructions
of an air traffic control service controller in relation to the
performance of particular activities.
Aircraft flight manual - regulations relating to
aircraft airworthiness, including restrictions to be complied
with in order to recognise the aircraft as airworthy, and also
including instructions and information necessary for the aircrew
in order to guarantee the safe operation of the aircraft.
Air operator licence - a document which gives the right
to perform a certain activity during the operation of an
aircraft.
Operator - a person, organisation, or enterprise
engaged in or offering to engage in an aircraft operation.
State of the operator - a state that is the place of
the operator activities or, if there is no such place, the
operator permanent place of location.
Pilot-in-command - a pilot who is responsible for the
operation and safety of an aircraft during the flight
thereof.
State of registry - a state in the register of which an
aircraft has been registered.
Type of aircraft - aircraft of one and the same
construction, including all the modifications thereof, except for
modifications with different aerodynamic data.
Aircraft - any machine that can derive support in the
atmosphere from the reactions of the air other than the reactions
of the air against the earth's surface.
Aircraft endangered - an aircraft which is in the
following situations:
1) there is doubt regarding the safety of an aircraft and the
persons therein (alert phase);
2) there is no assurance regarding the security of an aircraft
and the persons therein (uncertainty phase).
Aircraft in danger - an aircraft which is in a
situation that is characterised by a justified belief that the
aircraft and persons therein are under threat of serious and
direct danger or immediate assistance is necessary (distress
phase).
Aircraft flight safety - constant identification of
danger and management of safety risks in order to guarantee that
no harm to human beings or damages to property will be caused,
reducing the possibility of such accident to a certain level and
retaining it at the specific or lower level.
Personnel affecting aircraft flight safety - persons
who can endanger aircraft flight safety if they do not properly
perform their duties and functions, including aircrew members,
aircraft technical maintenance personnel, aerodrome operations
and maintenance personnel, air traffic controllers and operators,
rescue personnel, firefighters, and also persons who are
permitted to access the movement area of an aerodrome
unaccompanied.
Carriage by air - aircraft flights performed in order
to carry passengers, baggage, cargo, and mail for remuneration or
in accordance with a rental agreement.
Air traffic - movement of all such aircraft which are
in the air or move within the manoeuvring area of an
aerodrome.
Incident - an occurrence, other than an accident,
associated with the operation of an aircraft which affects or
could affect the safety of operation.
Investigation - a process conducted for the purpose of
accident prevention which includes the gathering and analysis of
information, the drawing of conclusions, including the
determination of causes and, when appropriate, the making of
safety recommendations.
Rating - a note regarding special conditions, rights,
and restrictions, which is made in the relevant certificate or is
an integral part thereof.
Airspace of the Republic of Latvia - airspace above the
land territory of the Republic of Latvia, and the internal and
territorial waters of the Baltic Sea.
Military Aviation of the Republic of Latvia - military
aircraft registered in the Republic of Latvia, civil aviation
aircraft registered in the Republic of Latvia used for the needs
of the Latvian National Armed Forces, the aggregate of military
aerodromes and other objects which are intended for the
performance of State defence functions.
Customs and State Border Guard service aviation of the
Republic of Latvia - the aggregate of aircraft, aerodromes,
and other objects mainly intended for the performance of the
functions of the abovementioned services.
Territory of the Republic of Latvia - the land
territory of the Republic of Latvia, its internal and territorial
waters of the Baltic Sea and airspace.
Aerodrome control zone - the part of the building at an
airport and aerodrome territory into which entry is
controlled.
Aerodrome reference point - a fixed point according to
which the geographical location (grid reference) of an aerodrome
is determined.
Manoeuvring area - the part of an aerodrome, except for
the apron, intended for the needs of taking-off, landing, and
manoeuvring of aircraft.
Air traffic - all movement in the manoeuvring area of
an aerodrome, and also aircraft flights above the territory
adjacent to the aerodrome.
Aerodrome - a specified land territory or water
aquatorium, and also the buildings, objects, and equipment which
are fully or partly intended to organise the arrival and
departure of aircraft (that is the take-off, landing, taxiing,
and standing of aircraft, the embarkation and disembarkation of
passengers, services for transit passengers, the loading and
unloading of baggage, and also the servicing, fuelling of
aircraft, etc.).
Restricted area - a restricted airspace above the State
land territory and its internal and territorial waters of the
Baltic Sea in which aircraft flights shall be performed in
accordance with special regulations.
Meteorological information - meteorological overview,
analysis, forecast, and any other bulletin regarding actual and
expected meteorological conditions.
Meteorological service provider - an authority which
ensures for all interested persons with the necessary
meteorological information aircraft flights prior to the flight
and during the flight.
Military aviation aircraft - an aircraft registered in
the Military Aviation Aircraft Register, and also a civil
aviation aircraft used for military needs.
Military unmanned aircraft - an unmanned aircraft (also
foreign) used by a State authority for the performance of tasks
in accordance with the State functions and tasks laid down by
laws and regulations in the field of defence.
Military aviation area - a military site which includes
a specific land territory or a land territory and water
aquatorium, and also airspace above this territory, and which has
been created to organise military training by performing military
aviation aircraft flights or shooting activities with training or
live ammunition.
Military aerodrome - a military site which includes a
specific land territory or water area, and also buildings,
objects, and equipment which are intended to organise the landing
and take-off of military aircraft and which is maintained and
used for State defence.
Aircraft of customs and State Border Guard services -
aircraft used by the customs and State Border Guard services.
Unlawful intervention in civil aviation operations -
activities which endanger or may endanger civil aviation security
(unauthorised entry of persons into controlled zones of
aerodromes or an aircraft, the carriage of hazardous goods,
weapons, and explosives without a relevant permit, the use of a
weapon against flight personnel or passengers, hijacking of an
aircraft, etc.).
Serious incident - the incident referred to in Article
2(16) of Regulation No 996/2010.
Co-pilot - a pilot to whom a relevant certificate has
been issued and who performs the functions of a pilot, except for
the functions of a pilot-in-command; an exception is a pilot who
is in the aircraft for training purposes or a pilot who during a
flight in accordance with prescribed procedures takes over the
right of the pilot-in-command and fulfils his or her duties if
the pilot-in-command cannot fulfil them due to his or her state
of health.
Carrier - an air operator which, exercising the rights
granted thereto, conducts carriage by air.
Apron - a part of an aerodrome intended for the parking
of an aircraft to ensure the embarkation and disembarkation of
passengers, the loading or unloading of cargo or mail, and the
standing, servicing, and fuelling of the aircraft.
Serious injury - the injury referred to in Article
2(17) of Regulation No 996/2010.
Aerial work - the specialised operation referred to in
Article 2(7) of Commission Regulation (EU) No 965/2012 of 5
October 2012 laying down technical requirements and
administrative procedures related to air operations pursuant to
Regulation (EC) No 216/2008 of the European Parliament and of the
Council (hereinafter - Regulation No 965/2012).
International flights - aircraft flights performed
within the airspace of more than one state.
International carriage by air - carriage the starting
point, stopover, or destination of which is within the
territories of several states.
Third country - a state that is not a Member State of
the European Union or a state of the European Economic Area.
State aircraft - the aircraft referred to in Article
3(b) of the Convention on International Civil Aviation of 7
December 1944, and also an aircraft registered in the Civil
Aviation Aircraft Register which during the relevant flight is
used only to carry State delegations or to perform the functions
of the State or international organisations.
State unmanned aircraft - an unmanned aircraft (except
for a military unmanned aircraft) used by a State authority
during the relevant flight for the performance of emergency and
urgent tasks in accordance with the functions and tasks laid down
by laws and regulations in the fields of customs, police,
national security, search and rescue, fire-fighting, civil
defence, arrest as means of security and imprisonment as securing
the execution of a criminal sentence, detection of public order
violations, detection, investigation, and prevention of criminal
offences, border control, and coast guard.
Civil aviation aerodrome of the State significance - an
aerodrome which is strategically important, needed for the
development of civil aviation infrastructure and provision of
public interests, where the required high quality and safety
standards are ensured.
[22 June 2005; 15 December 2005; 11 May 2006; 26 October
2006; 13 March 2008; 9 June 2011; 21 March 2013; 2 October 2014;
23 November 2017; 11 October 2018; 23 November 2020; 13 October
2022]
Chapter
One
General Provisions
Section 1. Jurisdiction Applicable
to Airspace of the Republic of Latvia
The Republic of Latvia has sovereignty of the airspace above
the land territory of the State, its internal and territorial
waters of the Baltic Sea.
The jurisdiction of the Republic of Latvia shall be applicable
in relation to the airspace of the Republic of Latvia.
Section 2. Legal Acts which Govern
the Use of the Airspace of the Republic of Latvia and Civil and
Military Aviation Operations
The use of the airspace of the Republic of Latvia, and also
civil and military aviation operations in the Republic of Latvia
in the interests of the State and the inhabitants thereof shall
be governed by this Law, the laws and regulations issued within
the scope of the competence laid down in this Law, international
agreements binding on the Republic of Latvia, and the legal acts
of the European Union.
The Cabinet shall issue regulations if it is necessary for the
fulfilment of technical requirements stipulated by the
International Civil Aviation Organisation (ICAO), the European
Aviation Safety Agency (EASA), and the European Civil Aviation
Conference (ECAC) in order to guarantee aircraft flight safety
and civil aviation security. These regulations may not restrict
the fundamental rights of private individuals.
[26 October 2006; 21 March 2013; 23 November 2017]
Section 3. Scope of Application of
this Law
The requirements laid down in this Law shall apply to:
1) civil and military aviation in the territory of the
Republic of Latvia;
2) civil and military aircraft of the Republic of Latvia which
are outside the territory of the Republic of Latvia, unless it is
provided for otherwise in laws and regulations of such country in
whose territory an aircraft is situated;
3) aviation of the customs and State Border Guard service of
the Republic of Latvia;
4) the field of unmanned aircraft in the territory of the
Republic of Latvia in accordance with this Law and Regulation
(EU) 2018/1139 of the European Parliament and of the Council of 4
July 2018 on common rules in the field of civil aviation and
establishing a European Union Aviation Safety Agency, and
amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU)
No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and
2014/53/EU of the European Parliament and of the Council, and
repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of
the European Parliament and of the Council and Council Regulation
(EEC) No 3922/91 (hereinafter - Regulation No 2018/1139).
The provisions of Sections 13, 14, 28, 29, 39, 40, 41, 41.1,
and 42, Section 44, Paragraphs three and four, Sections 45, 47.1,
and 48, Section 49, Paragraph two, Sections 49.1, 54, 55, 56, 61,
63, 97, 112.1, 113, 113.1, 113.2, 113.3, 114, 115, 116, and 117
of this Law shall apply to the military aviation of the Republic
of Latvia and foreign military aviation aircraft, unless the
international agreements binding on the Republic of Latvia or the
provisions of this Law provide otherwise.
The provisions of Sections 40, 41, 113.2, and
113.3 of this Law shall apply to the persons who
perform the activity provided for in Section 40, Paragraph one,
Clauses 2, 3, and 4 and Paragraph two of this Law, the
construction, installation, placement, and designation of the
potentially hazardous objects specified in Section 41 of this
Law, the construction, installation, placement, and designation
of the objects potentially hazardous to the safety of military
aerodrome operation specified in Section 113.2 of this
Law, and the construction, installation, placement, and
designation of the objects potentially hazardous to the safety of
operation of military aviation area specified in Section
113.3 of this Law.
Derogation from the provisions of Paragraph one, Clause 3 of
this Section, if necessary, to perform exceptional functions of
such services shall be allowed with a decision of the Cabinet of
the Republic of Latvia.
Sections 1, 2, and 5, Section 6, Paragraph two, Clauses 1, 2,
3, 4, 15, 16, 17, and 20, Paragraphs three and four, Section
6.1, Section 6.2, Paragraph one, Clauses 1,
2, 3, and 4 and Paragraph two, Sections 34, 70, 95, and 97,
Section 108, Paragraphs one, two, and three, Chapter
11.1, Sections 124.1 and 125 of this Law
shall apply to unmanned aircraft systems.
[16 September 2004; 22 June 2005; 15 December 2005; 11 May
2006; 26 October 2006; 16 July 2009; 2 October 2014; 23 November
2017; 11 October 2018; 23 November 2020]
Section 4. Certificates, Licences,
Attestations, and Permits Required for Civil Aviation
Operations
[15 December 2005]
Section 4.1 State Support
for Commencement and Provision of New Air Transport
The State or a local government is entitled to provide State
support for the commencement and provision of new air transport
among airports in Latvia, and also among airports of Latvia and
other airports of the European Union.
The State shall grant a support for commencement and provision
of new air transport from subsidy from general revenues allocated
for such purpose in the annual State budget law for the Ministry
of Transport or from the resources provided for such purpose in
the annual budget of the local government.
The Cabinet shall issue the regulations governing the
procedures for granting the State support, the amount of the
State support, the restrictions for granting the State support,
the requirements for a person in order for him or her to receive
the State support for the commencement or provision of new air
transport, and also the requirements for ensuring transparency of
granting the support.
[12 February 2009; 21 March 2013; 9 June 2016]
Section 4.2 State Support
for Commencement and Provision of New Air Transport
Provision of services of public significance shall be ensuring
of regular air transport determined by the State or a local
government on a route of low load among airports in Latvia and
among airports of Latvia and other airports of the European
Union, if it has an important significance in the economic and
social development of the territory.
A carrier by air shall be imposed a duty in a particular route
of air transport to fulfil such commitments of the provision of
services of public significance for the ensuring of the minimum
amount, regularity, and capacity of regular air transport which
the carrier by air would not provide, if air transport in such
route would be carried out based on the commercial principles
only.
The State or a local government is entitled to compensate
additional expenditures caused to a carrier by air which are
necessary in order to fulfil the commitments of the provision of
services of public significance imposed on him or her.
The Cabinet shall issue the regulations governing the
procedures by which the commitments of the provision of services
of public significance for the ensuring of regular air transport
shall be determined and the procedures by which the compensation
for the covering of additional expenditures caused to an air
transport shall be determined.
[12 February 2009; 21 March 2013]
Chapter
Two
State Administration and Oversight in the Field of Use of the
Airspace of the Republic of Latvia and Civil Aviation
Operations
Section 5. State Administration
Authorities in the Field of Use of the Airspace of the Republic
of Latvia and Civil Aviation Operations
The Aviation Department of the Ministry of Transport
(hereinafter - the Aviation Department) and valsts aģentūra
"Civilās aviācijas aģentūra" [State agency Civil Aviation Agency]
(hereinafter - the Civil Aviation Agency) shall implement State
policy and administration in the field of use of the airspace of
the Republic of Latvia and civil aviation operations.
The Civil Aviation Agency is a State administration authority
non-financed from the budget and subordinated to the Ministry of
Transport, which is financed from funds acquired for the
provision of public services and other own revenues, gifts, and
donations, and also foreign financial assistance according to the
public service prices stipulated by the Cabinet, and from a
revenue share of air navigation services in the Rīga flight
information region in accordance with the Cabinet regulations
regarding the procedures for the distribution of charges for air
navigation services, and also from revenue for the provision of
safety of aircraft flights and oversight of civil aviation
security in accordance with the Cabinet regulation regarding
charge for the services provided on a civil aviation aerodrome of
the State significance.
Charges for services provided by the Civil Aviation Agency and
the revenue share of air navigation services in the Rīga flight
information region shall be paid into the account of the Civil
Aviation Agency at the Treasury and shall be used only for
ensuring the operations of the Agency.
State administration in the field of the investigation of
aviation accidents and incidents shall be implemented by the
Transport Accident and Incident Investigation Bureau which in the
field of the investigation of aviation accidents and incidents
shall be financed from a revenue share of air navigation services
in the Rīga flight information region in accordance with the
Cabinet regulations regarding the procedures for distribution of
charges for air navigation services.
[22 June 2005; 15 December 2005; 29 March 2007; 1 December
2009; 30 September 2010; 9 June 2011]
Section 6. Competence of the
Aviation Department, Civil Aviation Agency, Transport Accident
and Incident Investigation Bureau, State Border Guard, State
Police, and Military Police
The Aviation Department shall:
1) develop a prospective development programme and draft
conceptions for civil aviation;
2) [23 November 2017];
3) develop agreements in the field of international flights
and air transport, participate in the entering into of such
agreements, or enter into such agreements independently, as
authorised by the Cabinet of the Republic of Latvia;
4) cooperate with representatives of governments and
authorised aviation authorities of other states, and also with
international civil aviation organisations regarding issues
relating to the use of airspace and the development of civil
aviation operations;
5) request the information necessary for the fulfilment of the
functions thereof from legal persons and natural persons whose
activities are related to the use of airspace and the operation
of civil aviation facilities;
6) issue permits to transport passengers, baggage, and
cargo;
7) [11 May 2006].
The Civil Aviation Agency shall:
1) exercise State oversight of the use of the airspace of the
Republic of Latvia and civil aviation operations;
2) draw up measures for the maintenance and improvement, and
also the provision of oversight of civil aviation aircraft flight
safety and civil aviation security level;
3) prohibit activities related to the use of airspace or
operation of civil aviation aircraft, aerodromes, and other civil
aviation objects and equipment of the Republic of Latvia if the
provisions of this Law and other laws and regulations issued on
the basis thereof are violated, and also activities that endanger
the safety of aircraft flights;
4) conduct administrative offence proceedings regarding
offences in the field of civil aviation;
5) carry out certification and exercise oversight of the civil
aviation personnel, including issue licences of civil aviation
flight crew members, air traffic controllers, air traffic
information service operators and aircraft technical maintenance
personnel, extend their term of validity, and also suspend the
operation of such licences or revoke the abovementioned
licences;
6) exercise oversight of medical examinations of civil
aviation personnel, issue medical certificates of civil aviation
personnel, extend their term of validity, and also suspend the
operation of such certificates or cancel the abovementioned
certificates, certify and exercise oversight of medical experts
of civil aviation and civil aviation medical centres;
7) register civil aviation aircraft in the Civil Aviation
Aircraft Register of the Republic of Latvia and delete them from
this Register, and also make the necessary changes in the
Register;
8) carry out certification and exercise oversight of civil
aviation aircraft operators, issue and revoke licences of an
operator, and also make amendments thereto;
9) carry out certification and exercise oversight of civil
aviation aircraft technical servicing and airworthiness
maintenance management organisations;
10) evaluate and exercise supervision of civil aviation
aircraft airworthiness, including issue a licence on suitability
of an aircraft for flights, airworthiness review licence and
noise licence, and also approve the technical servicing programme
for the aircraft;
11) carry out certification and exercise oversight of
aeronautical service providers, and also draw up a plan for
improving the operation of aeronautical service providers;
111) exercise oversight of air traffic
management;
12) certify civil aviation personnel training organisations,
approve training programmes, instructors and examiners, and also
exercise oversight of their activities;
13) carry out certification of civil aviation aerodromes,
exercise oversight of the creation, designing, and operation
thereof;
14) evaluate the hazardousness of objects causing potential
hazard to aircraft flights, issue permits for construction,
installation, and placement of such objects;
15) request information necessary for the fulfilment of its
functions from legal persons and natural persons who activity is
related to the use of the airspace of the Republic of Latvia or
the operation of civil aviation facilities;
16) prepare the laws and regulations governing civil aviation
operations;
17) cooperate with the authorised aviation authorities of
governments of other states in the field of the use of the
airspace of the Republic of Latvia and State oversight of civil
aviation operations, and aircraft search and rescue;
18) cooperate with the authorised aviation authorities of
governments of other countries in the establishment and oversight
of functional airspace blocks;
19) ensure investigation of incidents in cases when such
investigations are not performed by the Transport Accident and
Incident Investigation Bureau in accordance with Paragraph three,
Clause 1 of this Section;
20) monitor flight safety of unmanned aircraft.
The Transport Accident and Incident Investigation Bureau
shall:
1) investigate civil aviation accidents, serious incidents
and, if it is necessary for the improvement of flight safety,
also incidents without determining fault and responsibility of a
person;
2) develop safety recommendations for the prevention of the
causes of civil aviation accidents, serious incidents and
incidents in the further operations of civil aviation and control
the compliance with such flight safety recommendations;
3) notify the Ministry of Transport of any civil aviation
accidents, serious incidents, and incidents that have occurred in
the territory of the Republic of Latvia and in other
countries;
4) notify the bodies referred to in Article 9(2) of Regulation
No 996/2010 of any civil aviation accidents, serious incidents,
and incidents that have occurred in the territory of the Republic
of Latvia.
An employee of the Aviation Department, the Civil Aviation
Agency, and the Transport Accident and Incident Investigation
Bureau has the right to enter, without hindrance, all civil
aviation objects situated within the territory of the Republic of
Latvia, and military aviation aerodromes or parts thereof used
for flights of civil aviation aircraft, for the performance of
his or her official duties.
The Civil Aviation Agency may issue administrative acts
regarding the application of prohibitions or restrictions to the
operations related to certification of civil aviation personnel
and civil aviation personnel training organisations, the use of
the airspace of the Republic of Latvia or operating of civil
aviation aircraft, aerodromes, and other civil aviation objects
and devices in order to ensure the implementation of the civil
aviation safety and aircraft flight safety requirements laid down
in the legal acts of the European Union. The administrative acts
of the Civil Aviation Agency shall be appealed in a court without
disputation in a higher institution. Appeal of the administrative
act shall not suspend its operation.
The Civil Aviation Agency may, in accordance with the
procedures laid down in the State Administration Structure Law,
delegate the oversight of descent of parachutists, operating of
ultralight aircraft, certification pilots of ultralight aircraft,
and technical maintenance personnel and registration of
moto-paragliders and moto-deltagliders to a private individual
with an agreement.
The State Border Guard:
1) shall verify the documentation necessary for the
performances of general aviation aircraft flights and the
conformity of civil aviation aircrew with the performance of
flights;
11) shall control unmanned aircraft operations in
infrastructure objects used for the needs of the State Border
Guard and in airspace structure elements created for the needs of
the State Border Guard;
2) shall conduct administrative offence proceedings within its
competence regarding offences in the field of civil aviation.
State Police:
1) shall control unmanned aircraft operations in relation to
respecting public order and safety;
2) shall conduct administrative offence proceedings within its
competence for offences in the field of civil aviation security
and unmanned aircraft.
The Military Police shall conduct administrative offence
proceedings within its competence for offences in the field of
unmanned aircraft in military objects used by the National Armed
Forces for the performance of the tasks specified in the National
Armed Forces Law and in airspace structure elements created for
the needs of the National Armed Forces.
[22 October 1998; 12 June 2003; 22 June 2005; 15 December
2005; 11 May 2006; 29 March 2007; 16 July 2009; 9 June 2011; 21
March 2013; 2 October 2014; 23 November 2017; 11 October 2018; 20
June 2019; 23 November 2020, 6 October 2022]
Section 6.1 Inspector of
the Civil Aviation Agency
An inspector of the Civil Aviation Agency is a person who
exercises the oversight functions specified in Section 6,
Paragraph two of this Law in the name of the Civil Aviation
Agency.
An inspector of the Civil Aviation Agency shall present an
inspector's certificate when performing official duties.
A sample certificate of an inspector of the Civil Aviation
Agency shall be approved by the Cabinet.
A background check of a candidate for the inspector and of the
inspector of the Civil Aviation Agency shall be verified in
accordance with the requirements laid down in Section
57.1 of this Law.
[21 March 2013; 23 November 2017]
Section 6.2 Rights of an
Inspector of the Civil Aviation Agency
An inspector of the Civil Aviation Agency has the right:
1) to inspect, without hindrance, any territory, object, or
facility which is related to the civil aviation activity or which
may affect the aircraft flight safety or civil aviation
safety;
2) to request that a permit, licence, certificate, and other
documents are presented, which give the person the right to carry
out activities related to civil aviation in accordance with
international legal acts and the laws and regulations of the
Republic of Latvia, and also, if necessary, to request copies of
such documents;
3) to conduct administrative offence proceedings and to take a
decision, within its competence, to impose a legal duty;
4) to prohibit to operate any civil aviation object, if it has
been established during inspection that it does not conform to
the technical condition specified in legal acts of the European
Union or the laws and regulations of the Republic of Latvia and
may cause threats to the aircraft flight safety or civil aviation
safety;
5) to request that a civil aviation aircrew member, an air
traffic controller, an air traffic information service operator,
and a member of the aircraft technical maintenance personnel
present a document certifying qualification and a medical
certificate, if such is required;
6) to prohibit personnel affecting aircraft flight safety to
perform their functions if there is justified suspicion that the
person is unable to perform his or her functions due to illness,
fatigue, or other circumstances, or if there is justified
suspicion that the person is under the influence of alcoholic,
narcotic, psychotropic, or other intoxicating substances, and
also to prohibit a civil aviation aircrew member, an air traffic
controller, an air traffic information service operator, and a
member of the aircraft technical maintenance personnel to perform
his or her functions if it is established that he or she does not
have a valid rating or valid medical certificate;
7) to prohibit personnel affecting aircraft flight safety to
perform their functions if the relevant person refuses to undergo
a check which is necessary in order to determine alcohol
concentration in exhaled air and establish whether he or she has
used alcohol.
An inspector of the Civil Aviation Agency has the right to
check the personnel affecting aircraft flight safety in
accordance with the procedures stipulated by the Cabinet in order
to establish whether they have used alcohol, narcotic,
psychotropic, or other intoxicating substances.
[21 March 2013; 20 June 2019; 13 October 2022]
Section 6.3 Monitoring
the Flight Safety of Civil Aviation Aircraft
The Cabinet shall determine the procedures for the development
of and agreement on the State safety programme for civil aviation
aircraft flights referred to in Article 7 of Regulation No
2018/1139.
The Civil Aviation Agency shall manage and oversee
implementation of the State safety programme for civil aviation
aircraft flights.
The Cabinet shall determine the principal elements of the
State safety programme for civil aviation aircraft flights.
The Cabinet shall determine the composition of the group for
the management of the State civil aviation flight safety, the
procedures for convening it and for decision-making.
[23 November 2020]
Chapter
Three
Aircraft
Section 7. Aircraft Registered in
the Civil Aviation Aircraft Register of the Republic of
Latvia
Civil aviation aircraft owned or used by State authorities,
local governments, associations, foundations, merchants, citizens
of the Republic of Latvia, or member states of the European
Economic Area or Swiss Confederation, and also non-citizens of
the Republic of Latvia and foreigners who have a long-term
residence permit in Latvia shall be registered in the Civil
Aviation Aircraft Register of the Republic of Latvia.
[23 November 2017]
A mortgaged aircraft shall be registered in the Civil Aviation
Aircraft Register of the Republic of Latvia, and amendments shall
be made in the registration data only with the written consent of
the creditor (creditors).
Aircraft conforming to the requirements laid down in this
Section shall be registered in the Civil Aviation Aircraft
Register of the Republic of Latvia in accordance with the
provisions laid down in Section 9, Paragraph one of this Law.
[30 October 1997; 22 June 2005; 15 December 2005; 11 May
2006; 23 November 2017]
Section 8. Aircraft to be Registered
in the Annex to the Civil Aviation Aircraft Register of the
Republic of Latvia
[11 May 2006]
Section 9. Conditions and Procedures
for Aircraft Registration
An aircraft shall be registered in the Civil Aviation Aircraft
Register of the Republic of Latvia if:
1) a written application of the owner of an aircraft has been
submitted to the Civil Aviation Agency;
2) an aircraft is deleted from the register of another state
or has not been registered;
3) there is a document which confirms that an aircraft has
been assembled and built in accordance with the norms which
determine the airworthiness of the aircraft (an aircraft type
licence, a certificate issued by another state regarding the
airworthiness of an aircraft or an export licence, an opinion of
a competent commission regarding the airworthiness of an aircraft
constructed by amateurs, etc.);
4) the aircraft conforms to the airworthiness and
environmental protection requirements laid down in the legal acts
of the Republic of Latvia, or the airworthiness and environmental
protection requirements laid down in the legal acts of the
European Union.
The Cabinet shall determine the procedures for the
registration of civil aviation aircraft.
[15 December 2005; 11 May 2006; 23 November 2017]
Section 9.1 Liability of
an Aircraft Owner and Operator
An aircraft owner and operator are prohibited to transfer an
aircraft for the performance of flights to a person who does not
have a licence of a civil aviation flight crew member with a
corresponding endorsement and who is not insured in accordance
with Section 111 of this Law.
[21 March 2013]
Section 9.2 Authorisation
for the De-registration of an Aircraft and Its Object from the
Civil Aviation Aircraft Register of the Republic of Latvia and
for Its Export
The Civil Aviation Agency shall accept irrevocable request
authorisations for the de-registration of aircraft and its object
from the Civil Aviation Aircraft Register of the Republic of
Latvia and for its export (hereinafter - the IDERA authorisation)
which have been issued by private persons and signed in
accordance with the Convention on international interests in
mobile equipment of 16 November 2001 and its Protocol on matters
specific to aircraft equipment. The Civil Aviation Agency shall
register information on the IDERA authorisation in the Civil
Aviation Aircraft Register of the Republic of Latvia.
[3 December 2020 / Section shall be applied from the day
when the declaration of Latvia has come into force in accordance
with Articles 39 and 40 of the Convention on international
interests in mobile equipment and Article XIII of its Protocol on
matters specific to aircraft equipment. See Paragraph 43 of
Transitional Provisions]
Section 10. Aircraft Registration
Certificate
After registration of an aircraft in the Civil Aviation
Aircraft Register of the Republic of Latvia, the Civil Aviation
Agency shall issue an aircraft registration certificate.
[29 March 2007]
If an aircraft registration certificate has been lost or
become invalid, the Civil Aviation Agency may issue a duplicate
thereof.
If an owner of an aircraft registered in the Civil Aviation
Aircraft Register has changed or an aircraft has been deleted
from the abovementioned Register, the aircraft registration
certificate must be handed over to the Civil Aviation Agency.
[15 December 2005; 26 October 2006; 29 March 2007]
Section 11. Nationality Mark and
Registration Mark
An aircraft registered in the Civil Aviation Aircraft Register
of the Republic of Latvia shall be assigned a nationality mark
and a registration mark.
A nationality mark and registration mark shall be presented on
an aircraft in accordance with the procedures stipulated by the
Cabinet.
An airline's emblem and other symbols registered with the
Civil Aviation Agency may be displayed upon an aircraft.
[15 December 2005; 29 March 2007]
Section 12. Compulsory Notification
regarding Changes in the Information Provided to the Civil
Aviation Aircraft Register of the Republic of Latvia
An owner of an aircraft registered in the Civil Aviation
Aircraft Register of the Republic of Latvia has a duty to notify
the Civil Aviation Agency regarding the right of a creditor
(creditors) or changes in the ownership of the registered
aircraft, and also regarding any other changes in the information
provided to the Civil Aviation Aircraft Register of the Republic
of Latvia not later than within a time period of five days from
the moment when the changes referred to in this Section have
occurred.
A person who operates an aircraft registered in the Civil
Aviation Aircraft Register of the Republic of Latvia on the basis
of a rental agreement entered into with foreign legal or natural
persons must comply with the requirements laid down in Paragraph
one of this Section, and the person must notify regarding any
amendments to the aircraft leasing agreement.
[15 December 2005; 29 March 2007]
Section 13. Deletion of Aircraft
from the Civil Aviation Aircraft Register of the Republic of
Latvia
An aircraft shall be deleted from the Civil Aviation Aircraft
Register of the Republic of Latvia:
1) upon request of the owner of an aircraft;
2) if the ownership or exploitation rights to an aircraft do
not comply with the provisions laid down in Section 7 of this
Law;
3) if an aircraft is registered in the Military Aviation
Aircraft Register of the Republic of Latvia;
4) if during the last 10 years a licence of the airworthiness
of aircraft issued by another country has not been issued,
extended, or declared valid in the territory of the Republic of
Latvia and if the owner of an aircraft has not proved within a
time period stipulated by the Cabinet that the aircraft is
airworthy;
5) if an aircraft has suffered an accident and the search
therefor has been suspended in accordance with the provisions
laid down in Section 69 of this Law;
6) if, upon a request of the person for whose benefit the
IDERA authorisation has been issued (if the Civil Aviation Agency
has made an entry in the Civil Aviation Aircraft Register of the
Republic of Latvia on the receipt of the IDERA
authorisation).
A mortgaged aircraft shall be deleted from the Civil Aviation
Aircraft Register of the Republic of Latvia only with a written
consent of the creditor (creditors).
The procedures for deleting civil aviation aircraft from the
Civil Aviation Aircraft Register of the Republic of Latvia shall
be determined by the Cabinet.
Procedures for the submission, acceptance and removal of the
IDERA authorisation, and also the requirements and procedures for
the de-registration of an aircraft from the Civil Aviation
Aircraft Register of the Republic of Latvia shall be determined
by the Cabinet.
[15 December 2005; 26 October 2006; 29 March 2007; 23
November 2017; 3 December 2020 / The new wording of Paragraph
one, Clause 6 and Paragraph four shall come into force on 12
January 2021. See Paragraph 41 of Transitional
Provisions]
Section 13.1 Co-operation
Agreement on the Oversight of Aircraft Operation
The Civil Aviation Agency, in accordance with Article 83 bis
of the Convention on International Civil Aviation of 7 December
1944, may enter into a cooperation agreement with the authority
exercising oversight of civil aviation of other countries
regarding the oversight of aircraft operation.
[21 March 2013]
Section 14. Flight Permit
Flights in the airspace of the Republic of Latvia shall be
permitted for an aircraft:
1) which has been registered in the Civil Aviation Aircraft
Register of the Republic of Latvia, the Military Aviation
Aircraft Register of the Republic of Latvia, or in the register
of another state and which bears a national mark and a
registration mark conforming to the regulations of the country of
registration;
2) which has a valid licence of the airworthiness of aircraft
issued by the country of registration of the aircraft in
accordance with the requirements laid down in Annex 8,
Airworthiness of Aircraft, to the Convention on International
Civil Aviation of 7 December 1944.
Flights with an aircraft which is not registered in the
registers determined in Paragraph one of this Section or which
does not bear a national mark and a registration mark conforming
to the regulations of the country of registration shall be
carried out with a permit of the Civil Aviation Agency upon
coordination with the Ministry of Defence of the Republic of
Latvia.
Flights with an aircraft which does not have the licence
referred to in Paragraph one, Clause 2 of this Section shall only
be performed with a permit of the Civil Aviation Agency.
Paragraph three of this Section shall not be applicable to
industrially built historical aircraft registered in a member
state of the European Civil Aviation Conference (ECAC) which
comply with the requirements of point (a)(i) of Annex II to
Regulation (EC) No 216/2008 of the European Parliament and of the
Council of 20 February 2008 on common rules in the field of civil
aviation and establishing a European Aviation Safety Agency, and
repealing Council Directive 91/670/EEC, Regulation (EC) No
1592/2002 and Directive 2004/36/EC (hereinafter - Regulation No
216/2008), the maximum take off weight of which is less than 5700
kilograms and which are used for non-commercial flights if:
1) the licence referred to in Paragraph one, Clause 2 of this
Section has been issued previously;
2) there is a valid licence of the airworthiness of aircraft
or a flight permit issued in accordance with the regulations of
the country of registration.
[23 November 2017]
Section 15. Norms determining
Aircraft Airworthiness
[15 December 2005]
Section 16. Recognition of Aircraft
Airworthiness
The Cabinet shall determine the criteria and procedures by
which an aircraft shall be recognised as airworthy and by which a
licence of aircraft airworthiness shall be issued or
extended.
[15 December 2005]
Section 17. Aircraft Airworthiness
Licence
[15 December 2005]
Section 18. Declaration of Validity
of Licences of Aircraft Airworthiness issued in Foreign
States
[15 December 2002]
The Civil Aviation Agency may verify the airworthiness of an
aircraft registered in any other state if:
1) there are doubts regarding the airworthiness of the
aircraft;
2) the owner or operator of the aircraft so requests;
3) the Civil Aviation Agency of the state of registry of the
aircraft or another authorised institution thereof so
requires.
[15 December 2005]
Section 19. Revoking of Licences of
Aircraft Airworthiness
A licence of aircraft airworthiness is not valid in the
territory of the Republic of Latvia if:
1) the term of validity of the licence has expired;
2) an aircraft has sustained damage due to which it does not
confirm to the norms applicable in the Republic of Latvia, which
define the airworthiness of aircraft;
3) an aircraft is not being operated or the servicing (repair)
thereof is not being performed in accordance with the procedures
stipulated by the Cabinet;
4) the aircraft type licence which determines the
airworthiness of aircraft of such type has been revoked.
A licence of the airworthiness of aircraft is recognised to be
invalid if:
1) the Civil Aviation Agency upon examination of the aircraft
airworthiness or otherwise determines that it is not
airworthy;
2) changes have occurred in the ownership of the aircraft;
3) the licence has been lost or has become invalid for
use.
In the case provided for in Paragraph two, Clause 1 of this
Section a licence shall be revoked until the aircraft has been
recognised as airworthy in accordance with the provisions laid
down in Section 16 of this Law.
A certificate of the airworthiness of aircraft which has been
recognised to be invalid shall be handed over to the Civil
Aviation Agency.
[15 December 2005; 23 November 2017]
Section 20. Licence for the
Conformity of Aircraft to Environmental Protection
Requirements
[15 December 2005]
Section 21. Duty to Maintain
Aircraft in Conformity with Requirements of Norms determining the
Airworthiness of Aircraft
[15 December 2005]
Section 22. Right to Construct
Aircraft and Perform the Servicing (Repair) Thereof
The construction and rebuilding an aircraft, manufacture
individual parts, devices, and accessories of an aircraft and the
servicing (repair) of an aircraft shall be performed in
accordance with the procedures stipulated by the Cabinet.
The provisions laid down in Paragraph one of this Section
shall not apply to the building or reconstruction of an aircraft
of non-industrial (amateur) construction and the design and
manufacture of individual parts, devices, and accessories
thereof. The airworthiness of such aircraft shall be determined
in accordance with the provisions laid down in Section 16 of this
Law, but the servicing (repair) thereof shall be performed by
persons who have received the relevant permit from the Civil
Aviation Agency.
[22 October 1998; 15 December 2005]
Section 22.1 Actions with
an Aircraft Object in Legal Protection or Insolvency
Proceedings
If in legal protection or insolvency proceedings the centre of
main interests of the debtor in accordance with Article I (n) of
the Protocol on Matters Specific to Aircraft Equipment to the
Convention on International Interests in Mobile Equipment of 16
November 2001 is in the Republic of Latvia, the aircraft object
shall be handled in accordance with Alternative A laid down in
Article XI of the aforementioned protocol under the condition
that the waiting period may not exceed 60 calendar days.
[3 December 2020 / Section shall come into force on 12 July
2021. See Paragraph 42 of Transitional Provisions]
Chapter
Four
Aerodromes and Airways
Section 23. Establishment of an
Aerodrome
The Cabinet shall determine the procedures for the
establishment of a civil aviation aerodrome.
[11 May 2006; 26 October 2006]
Section 23.1 Civil
Aviation Aerodrome of the State Significance
Civil aviation aerodrome of the State significance may be a
property of the State, local government, or also of a private
individual. The status of civil aviation aerodrome of the State
significance shall be granted by the Cabinet.
The borders of the territory of a civil aviation aerodrome of
the State significance (also the territory necessary for further
development) and planned (permitted) use of the territory shall
be determined by the Cabinet. A local government, when developing
territorial plans and amendments thereof, shall depict therein
the determined borders of the territory of a civil aviation
aerodrome of the State significance and the planned (permitted)
use of the territory determined by the Cabinet.
If an owner alienates an immovable property which is included
within the borders of the territory of a civil aviation aerodrome
of the State significance (also the territory necessary for
further development) and the civil aviation aerodrome is owned
by:
1) a capital company in which the State has a decisive
influence - the State has the right of first refusal;
2) a capital company in which a local government has a
decisive influence - such local government has the right of first
refusal.
The Cabinet shall determine the procedures by which the State
and local government use the right of first refusal in the
territory of a civil aviation aerodrome of the State significance
(also the territory necessary for further development).
If a structure constructed within the borders of the territory
of a civil aviation aerodrome of national significance (also the
territory necessary for further development) on land owned by the
owner of the civil aviation aerodrome of national significance is
an independent property object in accordance with Section 14,
Paragraph one, Clauses 1, 2, 3 or 4 of the law On the Time Period
of Coming into Force and the Procedures for the Application of
the Introduction, Parts on Inheritance Rights and Property Rights
of the Renewed Civil Law of 1937 of the Republic of Latvia:
1) and the said structure is used for commercial activities,
the payment to the owner of the land for the right to lawfully
use the land shall be determined according to the market lease
payment determined by a certified appraiser of immovable
property. The payment for the use shall be reviewed and, if
necessary, changed at least every six years;
2) the owner of a civil aviation aerodrome of national
significance has the right, upon informing the owner of the
structure, to install and operate on the land in lawful use of
the owner of the structure such devices, equipment, and
engineering communications which are necessary for the operation
of the civil aviation aerodrome of national significance and to
perform other activities necessary for ensuring the operation of
the aerodrome, insofar as this does not make it impossible to use
the structure according to its purpose of use;
3) the owner of the structure has the right to construct on
the land that is in its lawful use ancillary buildings and
engineering structures necessary for the operation of the
structure and also roads, grounds, and outdoor elements if prior
written consent of the owner of the civil aviation aerodrome of
national significance has been obtained and the conditions
contained therein have been fulfilled.
[13 March 2008; 30 September 2010; 9 June 2011, 13 October
2022 / See Paragraph 48 of Transitional Provisions]
Section 24. Civil Aviation Aerodrome
and Airway Operation Conditions
It is only allowed to use a civil aviation aerodrome from
which air transport, international flights, or night flights are
performed if it complies with the requirements stipulated by the
Cabinet and if a certificate of fitness of the civil aviation
aerodrome for operation has been issued.
The Cabinet shall determine the procedures for the operation
of a civil aviation aerodrome.
[15 December 2005; 26 October 2006; 23 November
2017]
Section 24.1 Restrictions
Determined for the Operation of Aircraft at Civil Aviation
Aerodromes
The Cabinet shall determine restrictions on the operation of
aircraft at civil aviation aerodromes in accordance with the
requirements of environmental protection.
[15 December 2005; 26 October 2006]
Section 25. Civil Aviation Aerodrome
Fitness for Service Certificate
A civil aviation aerodrome fitness for service certificate
shall be issued and extended in accordance with the procedures
stipulated by the Cabinet.
A civil aviation aerodrome fitness for service certificate is
not valid if the term of validity of such certificate has expired
or the procedures for civil aviation aerodrome operation
stipulated by the Cabinet have been violated.
[15 December 2005]
[15 December 2005; 26 October 2006; 29 March 2007]
Section 26. Marking of
Aerodromes
[15 December 2005]
Section 27. Requirements to be
Complied with by a Civil Aviation Aerodrome from which Air
Transport is Performed
A civil aviation aerodrome from which air transport is
performed must include buildings and other objects in order to
ensure the performance of the operations related to the air
transport of passengers, baggage, cargo, and mail and the
provision of other services in conformity with the standards laid
down in the Republic of Latvia.
The relevant equipment and systems, and specially trained
personnel must be present at the civil aviation aerodrome
referred to in Paragraph one of this Section in order to prevent
unlawful acts of interference in civil aviation operations and
ensure performance of the measures for the maintenance of civil
aviation security provided for in Section 57, Paragraph one of
this Law in conformity with the standards and recommendations
developed by the International Civil Aviation Organisation
(ICAO).
A complex of measures must additionally be taken in a civil
aviation aerodrome from which international flights are performed
in order to ensure sanitary, quarantine, customs and border
(passport) and other control of aircraft, crews and passengers
thereof arriving or departing the Republic of Latvia, and also of
property imported into the Republic of Latvia and to be exported
therefrom by aircraft in accordance with the requirements of the
laws and regulations of the Republic of Latvia and the
requirements of such international agreements to which the
Republic of Latvia is a party.
The Cabinet shall determine the procedures by which access to
the market of services provided by the aerodrome at the airports
of the Republic of Latvia is granted.
The Cabinet shall be determine civil aviation aerodromes where
the measures for the maintenance of civil aviation security are
financed from the funds intended for such purpose in the State
budget.
[16 September 2004; 11 May 2006; 26 October 2006; 13 March
2008; 1 December 2009; 23 November 2017]
Section 27.1 Charge for
Passenger Departure
[16 July 2009]
Section 27.2 Imposition
of Commitments of Provision of Services of Public Significance on
a Civil Aviation Aerodrome of the National Significance
Commitments of provision of services of public significance
are directly related to main activity of an aerodrome and shall
include:
1) the construction of the infrastructure structures (runway,
terminal, access road to runway, platform, traffic management
tower, including purchase of necessary land plot and ensuring of
aerodrome equipment which includes also equipment necessary for
the provision of direct assistance;
2) operation of the infrastructure which includes management
and maintenance of the aerodrome;
3) provision of additional services of the aerodrome (use of
the infrastructure of the aerodrome, fire-fighting, first aid,
security, and other additional services of the aerodrome).
In order to determine the regularity of amounts and flights of
regular air transport or ensure performance of the functions of
public significance, such as search and rescue, provision of
CIMIC support and performance of other functions, the State or
local government may impose an obligation on civil aviation
aerodromes of the national significance to fulfil the commitments
of provision of services of public significance referred to in
Paragraph one of this Section, and they are entitled to
compensate for the costs of a civil aviation aerodrome of the
national significance incurred by it when fulfilling the imposed
commitments of provision of services of public significance. When
determining the amount of the compensation, the income which a
provider of service has received for the implementation of the
service shall be taken into account.
The Cabinet shall determine the procedures for imposing
commitments of provision of services of public significance on a
civil aviation aerodrome of the national significance, and the
procedures for determining and covering the compensation for
costs incurred by a civil aviation airport of the national
significance when fulfilling the commitments of provision of
services of public significance.
[9 June 2011; 2 October 2014]
Section 28. Charge for Use of Air
Navigation Services and Services Provided on Civil Aviation
Aerodrome
The Cabinet shall determine the procedures for the
determination and collection of the charge for air navigation
services of valsts akciju sabiedrība "Latvijas gaisa
satiksme" [State stock company Latvian Air Traffic], and also
exemptions from charges for air navigation services. The Cabinet
shall determine the procedures by which military aviation
aircraft shall be exempted from charges for air navigation
services.
The Cabinet shall determine the procedures for the
distribution of the charge for air navigation services collected
by the State stock company Latvian Air Traffic.
The Cabinet shall determine charge for the following services
provided on the civil aviation aerodrome of the State
significance, and also the procedures for the collection and use
thereof, determining the services which have been included in the
relevant charge and exemptions therefrom:
1) charge for taking-off and landing of aircraft;
2) charge for staying of an aircraft in the operative parking
place for aircraft for a time during which service of the
aircraft is carried out before or after a flight;
3) passenger service charge;
4) charge for security and rescue measures, including charge
for guaranteeing of safety of aircraft flights and maintenance of
civil aviation security.
Charge for the services included in Paragraph three of this
Section shall be determined by a provider of the relevant
service.
Charge for the services provided on a civil aviation aerodrome
of the State significance owned by local government and the
procedures for the distribution thereof shall be determined by
the relevant local government.
The Cabinet shall determine the procedures by which the charge
for the services provided by the aerodrome shall be determined
and changed in respect of the aerodromes where the number of
passengers serviced during a year does not exceed five million,
or, if there are no such, in respect of the aerodrome with the
largest number of passengers in the country.
[9 June 2011; 11 October 2018]
Section 29. Procedures by which
Military Aviation Aircraft use a Civil Aviation Aerodrome and
Procedures by which Civil Aviation Aircraft use a Military
Aerodrome
The Cabinet shall determine the procedures by which the
military aviation aircraft use a civil aviation aerodrome and the
procedures by which civil aviation aircraft use a military
aviation aerodrome.
[11 October 2018]
Section 29.1 Procedures
by Which State Aircraft Use a Civil Aviation Aerodrome
The Cabinet shall determine the procedures by which State
aircraft use a civil aviation aerodrome.
[23 November 2017]
Chapter
Five
Civil Aviation Personnel
Section 30. Requirements to be met
for Civil Aviation Personnel
Civil aviation personnel must be specially trained and with
the qualification and experience corresponding to the performance
of the functions thereof, but the medical fitness of civil
aviation personnel of individual categories must conform to the
laid down requirements.
The Cabinet shall determine the requirements to be met for
civil aviation personnel.
The Cabinet shall determine the procedures for the
organisation and observance of working and rest time for the
aircrew.
[15 December 2005; 13 March 2008; 21 March 2013]
Section 30.1 Assessment
of the Medical Fitness of Civil Aviation Personnel
The medical fitness of civil aviation personnel and persons
applying for the receipt of the civil aviation personnel
certificate must comply with the determined requirements.
Civil aviation personnel shall undergo a medical examination
at a medical treatment institution or at the aero-medical
examiner and receive a medical certificate in accordance with the
procedures stipulated by the Cabinet.
Aero-medical centres and aero-medical examiner shall be
certified by the Civil Aviation Agency in accordance with the
procedures stipulated by the Cabinet.
[16 July 2009]
Section 31. Training of Civil
Aviation Personnel
The Civil Aviation Agency shall exercise State oversight of
training, conversion training, and raising of qualification of
civil aviation personnel.
The Civil Aviation Agency shall approve the training
programmes in special aviation disciplines.
Natural and legal persons and institutions which have been
certified in accordance with the procedures stipulated by the
Cabinet have the right to conduct training or conversion
training, and also raise the qualification of civil aviation
personnel.
[15 December 2005; 21 March 2013; 23 November 2017]
Section 31.1 Covering of
Expenditures for Vocational Training and Raising the
Qualification
A civil aviation aircrew member (employee), a certified
aircraft technical maintenance specialist (employee), and a
carrier by air (employer) or a recruitment service provider which
is engaged in pilot lease (employer), and also an air traffic
controller (employee), an air traffic information service
operator (employee), and an air navigation service provider
(employer) are entitled to enter into an agreement regarding
repayment of the expenditures to the employer which are related
to vocational training or raising of the qualification, provided
that duration of the agreement does not exceed five years and
employment relationship is terminated in accordance with Section
100 or Section 101, Paragraph one, Clauses 1, 2, 3, 4, and 5 of
the Labour Law.
[23 November 2017]
Section 31.2 Performance
of Training Flights and Skill Tests/Proficiency Checks
In order to obtain a licence of a civil aviation flight crew
member, the specific endorsement, to extend the term of validity
of the certificate or to renew the licence, a person shall
perform training flights and skill test/proficiency check
according to a training programme or test programme approved by
the Civil Aviation Agency.
A flight instructor or flight examiner shall be responsible
for compliance with the provisions for operation of an aircraft
and for flight safety during training flights and skill
tests/proficiency checks.
[21 March 2013]
Section 32. Civil Aviation Personnel
Licence
According to his or her speciality, level of confidence and
experience, a member of the civil aviation personnel shall be
issued with an appropriate licence of the civil aviation
personnel and granted a qualification to be certified by making
the appropriate endorsement in the licence of the civil aviation
personnel.
A licence issued to a member of the civil aviation personnel
may be declared invalid if it is established that the person to
whom the licence has been issued does not comply with specific
requirements. Such licence must be handed over to the Civil
Aviation Agency.
The Cabinet shall determine the procedures by which the Civil
Aviation Agency shall recognise the civil aviation personnel
licence issued in another state as valid in the territory of the
Republic of Latvia.
The Cabinet shall determine the procedures by which the civil
aviation personnel licence shall be issued or extended.
[21 March 2013; 23 November 2017]
Section 33. Duties of the Civil
Aviation Personnel
While performing their functions the civil aviation personnel
must comply with the requirements of national laws and
regulations, international agreements binding on the Republic of
Latvia, and the legal acts of the European Union.
[15 December 2005; 21 March 2013]
Section 34. Prohibition for the
Civil Aviation Personnel to Perform Its Functions
A member of the civil aviation personnel is prohibited from
performing his or her functions if he or she:
1) cannot present a respective licence of the civil aviation
personnel or it does not contain the specific endorsement which
allows the performance of such functions, or conformity of the
member of the civil aviation personnel with the relevant
qualification has not been verified within the specified time
period;
2) is ill, fatigued, or not able to perform his or her
functions due to other circumstances, guaranteeing the aircraft
flight safety and civil aviation safety;
3) is under the influence of alcoholic substances and alcohol
concentration in blood exceeds 0.2 promilles;
4) is under the influence of narcotic, psychotropic, or other
intoxicating substances.
A member of the civil aviation personnel, upon performing his
or her functions, upon request of an inspector of the Civil
Aviation Agency has a duty to present the civil aviation
personnel licence and medical certificate, if such is
necessary.
If a member of the civil aviation personnel performs his or
her functions without complying with the requirements of
Paragraph one, Clause 2 of this Section, an inspector of the
Civil Aviation Agency may take a decision to prohibit the
relevant member of the civil aviation personnel from performance
of his or her functions for a specific time period until the
established circumstances are eliminated.
If a member of the civil aviation personnel fulfils his or her
functions without complying with the requirements of Paragraph
one, Clause 1, 3, or 4 of this Section, the Civil Aviation Agency
may take a decision to revoke the civil aviation personnel
licence issued to him or her for a time period up to five
years.
[21 March 2013]
Section 35. Flight Crew
[15 December 2005]
Section 36. Pilot-in-Command
The work of a civil aviation aircrew shall be managed by a
pilot-in-command. If a civil aviation aircrew includes only one
pilot, he or she is also the pilot-in-command.
If the pilot-in-command is not able to perform his or her
duties during a flight due to his or her medical fitness, the
right of the pilot-in-command shall be taken over and a co-pilot
shall perform his or her duties.
[21 March 2013]
Section 37. Duties of a
Pilot-in-Command
A pilot-in-command has a duty:
1) to manage the work of a civil aviation aircrew so that the
aircraft flight safety is ensured and the provisions of this Law
and other laws of the Republic of Latvia, and also the
requirements of by-laws, instructions, and other laws and
regulations are observed;
2) to take measures in order to prevent danger which threatens
the aircraft controlled by him or her, or to rescue passengers,
injured crewmembers, the aircraft, its documentation and property
thereon, and also to provide medical assistance to the injured if
the aircraft has suffered an aviation accident;
3) to transmit distress signals received from another
aircraft, seagoing or internal (river) vessel immediately to an
air traffic control service controller, and also to notify if any
maritime accidents, natural disasters, or persons in danger are
detected, to mark the grid reference thereof and to provide any
assistance that may be offered without hazard to the piloted
aircraft, crew, and passengers;
4) to notify immediately the Civil Aviation Agency regarding
cases when the right established in Section 38, Clause 3 of this
Law has been exercised.
[15 December 2005; 21 March 2013]
Section 38. Rights of a
Pilot-in-Command
In order to perform the duties of the pilot-in-command
provided for in Section 37 of this Law, the pilot-in-command has
the right:
1) to take a final decision on take-off of an aircraft, the
continuation of the flight or landing thereof at the intended
destination of the flight or on an alternate aerodrome;
2) to suspend temporarily the departure of an aircraft or to
abort a flight if the technical readiness of the aircraft, the
organisation of the flight or meteorological conditions do not
ensure the aircraft flight safety;
3) in cases where aircraft flight safety is obviously
endangered or also in order to save the life of persons in the
aircraft, to take the following decisions:
a) to continue a flight by way of derogation from the flight
plan and the instructions of an air traffic control service
controller, but as far as possible in accordance with the flight
regulations and informing the air traffic control service
controller thereof,
b) to continue a flight or landing in meteorological
conditions worse than those established by the laid down
meteorological minimum requirements;
c) on suspension and forced landing of a flight;
4) in the interests of aircraft flight safety within his or
her competence to give instructions to any person in the
aircraft, which shall be mandatory to follow, and to apply all
necessary means in order to suspend the action of any person who
is obviously endangering the aircraft flight safety, and after
the landing of the aircraft to take such person to the competent
authorities, and also to request the assistance of passengers to
ensure that the person referred to in this Paragraph follows the
instructions given to him or her;
5) if necessary, to organise an inspection of the passengers,
and also the property and baggage on their person during an
aircraft flight.
A pilot-in-command of a foreign aircraft has the rights
established in this Section, unless it is otherwise provided for
in laws and regulations of the country responsible for the
airworthiness of the aircraft.
[21 March 2013; 23 November 2017]
Chapter
Six
Procedures for the Use of the Airspace of the Republic of Latvia
and the Performance of Flights
Section 39. Management of the
Airspace of the Republic of Latvia
In order to organise the activities referred to in Section 40
of this Law and to provide the management of the airspace, the
structure of the airspace of the Republic of Latvia shall be
established which complies with the principles of flexible use of
the airspace determined in the legal acts of the European
Union.
The Cabinet shall determine:
1) the structure of the airspace of the Republic of Latvia and
the procedures for change thereof;
2) the procedures for the management of the airspace of the
Republic of Latvia.
The Civil Aviation Agency shall determine the acceptable
aircraft flight safety level in the Riga flight information
district and regularly exercise oversight in relation to the
conformity with the requirements laid down in this field,
ensuring the conformity of the aircraft flight safety level with
the requirements of international legal acts and laws and
regulations of Latvia.
[16 July 2009; 21 March 2013]
Section 40. Activities Related to
the Use of the Airspace of the Republic of Latvia
The following shall be regarded as activities related to the
use of the airspace of the Republic of Latvia:
1) flights of aircraft;
2) any type of activity related to the rising, moving, or
landing of material objects within the airspace;
3) any firing of weapons that could endanger the safety of the
flight of aircraft or other material objects;
4) work involving use of explosives which may threaten the
safety of the flight of aircraft and other material objects;
5) descent of parachutists.
The activities provided for in Paragraph one of this Section
and other activities which may cause a hazard to the safety of
the flight of aircraft and other material objects may be
performed only after the receipt of a relevant permit. The
procedures for the performance of such activities, and also the
procedures for the issuing of the relevant permit shall be
determined by the Cabinet.
[15 December 2005]
The Cabinet shall determine the procedures by which an
international public law subject shall be granted permission to
use Latvian airspace for flights with foreign aircraft intended
for the performance of public functions within the meaning of
Article 3 of the 7 December 1944 Convention on International
Civil Aviation.
[22 October 1998; 16 September 2004; 22 June 2005; 15
December 2005; 29 March 2007; 7 June 2007; 21 March 2013]
Section 41. Procedures for the
Construction, Installation, Placement, and Designation of Objects
Potentially Hazardous to Aircraft Flights
In addition to the fulfilment of the requirements of other
laws and regulations a person shall receive a Civil Aviation
Agency permit to construct, install, and place the following
potentially hazardous objects to the safety of civil aviation
flights:
1) which are explosive and which are radiators of visible
laser-beams;
2) which could cause interference in the operation of radio
equipment necessary to ensure the flight of an aircraft;
3) the height of which above the surface at the location
thereof exceeds 100 metres or more and which shall not be located
at the places referred to in Clauses 4 and 5 of this
Paragraph;
4) the absolute height of which exceeds the absolute height of
the aerodrome reference point by 30 metres and more - within a
radius of 5 kilometres therefrom - or reaches or exceeds any
aerodrome obstacle restriction surface;
5) which irrespective of the height thereof are located within
aircraft take-off and landing sectors - at a distance of two
kilometres from the nearest runway threshold (a permit shall be
obtained also if trees are planted in such places);
6) which reduce or may reduce visibility in the aircraft
take-off and landing sectors;
7) any source of light which is not used for air navigation if
it is located in the aircraft take-off and landing sectors and
may endanger the flight safety of aircraft - within a distance of
five kilometres of the nearest runway threshold;
8) which facilitate or may facilitate the mass presence of
birds (permanent feeding sources and nesting places) - within a
radius of 15 kilometres from the aerodrome reference point.
In cases where, in accordance with laws and regulations, it is
necessary to coordinate construction, installation, or placement
of objects with local governments, the Civil Aviation Agency
permit to construct, install, and place objects potentially
hazardous to the safety of civil aviation flights shall be
requested by the relevant local government. In all other cases,
the owner or user of the object shall request the Civil Aviation
Agency permit.
The procedures by which a Civil Aviation Agency permit to
construct, install, and place potentially hazardous objects to
the safety of civil aviation flights shall be requested and
received shall be determined by the Cabinet.
The Cabinet shall determine the procedures by which the
hazardous objects to the safety of aircraft flights shall be
registered.
Persons who have constructed, installed, or placed the objects
referred to in Paragraph one of this Section in the territory of
the Republic of Latvia, violating the norms of this Law and the
procedures stipulated by the Cabinet, according to the time
period specified in a decision of the relevant local government,
shall demolish, modify, or move them to another place at their
own expense, but in relation to the objects referred to in
Paragraph one, Clauses 1, 2, 6, 7, and 8 of this Section, shall
without delay suspend activities which endanger the safety of
civil aviation flights. If the local government decision is not
implemented within the specified time, the local government shall
organise the demolition, modification, or movement to another
place of the object. All the expenses which are related to the
abovementioned activities shall be covered by the owner of the
object.
Owners of the objects and possessors, in accordance with the
procedures stipulated by the Cabinet, shall mark and equip with
protective lights objects the height of which above the surface
at the location thereof exceeds 100 metres or more, and also the
objects referred to in Paragraph one, Clauses 4 and 5 of this
Section.
The design, construction, and development of towns and other
populated areas, and also the construction and rebuilding of
industrial, agricultural and other objects in a territory
adjacent to an aerodrome above which territory there is located
the aerodrome traffic zone, shall be performed in conformity with
the requirements of safety of aircraft flights, taking into
account the possible harmful effect of aviation upon the health
of persons and the environment.
It is prohibited in the vicinity of an aerodrome to place any
signs which are similar to aerodrome marking signs and
installations and which may mislead aircrew during flight.
[11 May 2006; 26 October 2006; 29 March 2007; 21 March
2013; 20 June 2019 / Amendments made to the title of Section and
Paragraph one affect the wording in the Latvian language where
word "būvniecība" is changed to "būvēšana" and shall come into
force on 1 July 2020. See Paragraph 40 of Transitional
Provisions]
Section 41.1 Provision of
Information on Potentially Dangerous Objects for Performance of
Low Flights
Information on the issued building permits, termination of
construction, and putting into service of such buildings the
height of which above the relief of their location exceeds 60
meters, but does not exceed 100 meters shall be received from the
building information system in accordance with the procedures
laid down in the laws and regulation governing the field of
construction.
Valsts akciju sabiedrība "Elektroniskie sakari" [State
stock company Electronic Communications Office of Latvia] shall
provide the information on electromagnetic radiation zones of
high intensity and sources thereof in accordance with the
procedures for the preparation and distribution of air navigation
information stipulated by the Cabinet.
[9 June 2011; 27 March 2014]
Section 42. Coordination of the Use
of the Airspace of the Republic of Latvia and Aircraft Flight
Control
Activities which are related to the use of the airspace of the
Republic of Latvia for civil and military needs shall be
coordinated and aircraft flights shall be controlled by the State
stock company Latvian Air Traffic which is the air traffic
service provider in the Republic of Latvia within the meaning of
Regulation (EC) No 550/2004 of the European Parliament and of the
Council of 10 March 2004 on the provision of air navigation
services in the single European sky (the Service Provision
Regulation). In specially established air traffic control
districts and zones, air traffic control service controllers who
are not State stock company Latvian Air Traffic controllers may
control aircraft flights.
In their work, air traffic control service controllers and air
traffic information service operators shall comply with the
provisions of this Law and any laws and regulations issued
pursuant thereof.
For the purpose of provision of air navigation services in the
Republic of Latvia, communication, navigation, and observation
equipment located on the ground, and also global navigation
satellite systems shall be used. Equipment located on the ground
shall be registered and equipment operational validity licences
shall be issued by the Civil Aviation Agency.
The safety requirements and technical operation procedures of
communication, navigation, and observation equipment located on
the ground necessary for the provision of air navigation services
shall be determined by the Cabinet.
Aircraft flights in the airspace of the Republic of Latvia
shall be controlled by appropriately trained and certified air
traffic control service controllers, but air traffic information
service operators shall be provided by air traffic information
service operators. Certification and oversight of air traffic
control service controllers and air traffic information service
operators, and also issue and recognition of the relevant
licences shall be carried out and exercised by the Civil Aviation
Agency.
The Cabinet shall determine:
1) the procedures by which providers of training for air
traffic control service controllers and air traffic information
service operators shall be licensed and supervised and by which
controller-student, air traffic control service controller, and
air traffic information service operator licences shall be
issued, suspended, and revoked;
2) the procedures by which controller-student, air traffic
control service controller, and air traffic information service
operator licences issued by the European Economic Area states
shall be recognised in the Republic of Latvia;
3) the requirements for receipt and maintaining of the
validity of the endorsement and attestations to be included in
the air traffic control service controller and air traffic
information service operator licence.
In an aerodrome where air traffic control has not been
introduced, airspace structure elements may be established in
which informative air traffic services for aircraft pilots shall
be provided by air traffic information service operators.
[23 November 2017]
[21 March 2013; 23 November 2017]
Section 43. Air Traffic Control in
Airspace outside the Territory of the Republic of Latvia
The State stock company Latvian Air Traffic, in conformity
with the provisions of this Law and the special norms included in
international agreements, shall perform the control of air
traffic in airspace outside the territory of the Republic of
Latvia, also above the open waters of the Baltic Sea adjacent to
the territory of the Republic of Latvia if so established by
international agreements to which the Republic of Latvia is a
party.
[15 December 2005; 29 March 2007]
Section 44. Aircraft Flights
A pilot-in-command shall take a decision on the flight
readiness of the aircraft and crew in accordance with the
provisions laid down in Section 38, Clauses 1 and 2 of this
Law.
[29 March 2007]
Sanitary, quarantine, customs, border (passport), and other
types of control shall be applied to an aircraft, crew, and
passengers thereof who arrive in or depart from the Republic of
Latvia, or to property imported into or exported from the
Republic of Latvia by an aircraft in accordance with the
provisions of the laws and regulations of the Republic of Latvia
and the provisions of such international agreements to which the
Republic of Latvia is party.
The Cabinet of the Republic of Latvia shall, in accordance
with the international agreements to which the Republic of Latvia
is a party, determine the procedures by which aircraft involved
in aviation rescue work and crews thereof shall arrive in and
depart from the Republic of Latvia.
[15 December 2005; 26 October 2006; 29 March 2007; 23
November 2017]
Section 44.1 Aircraft
Flight Procedures
The Cabinet shall determine the procedures for the
development, validation, approval, and maintenance of aircraft
flight procedures.
[13 October 2022]
Section 45. Flights above Populated
Areas
Aircraft flights above populated areas must be performed at a
height which, if necessary, would guarantee a forced landing of
the aircraft outside the territory of the populated area.
The Cabinet may determine the minimum altitudes of aircraft
flights above individual populated areas.
Aircraft demonstration flights above populated areas shall be
performed only with the permission of the Civil Aviation
Agency.
[15 December 2005]
Section 46. Restrictions for Civil
Aviation Aircraft Flights at Supersonic Speed
[15 December 2005]
Section 47. Unmanned Aircraft
Operations or Movement of Other Types of Airship
[23 November 2020 / See Paragraph 45 of Transitional
Provisions]
Section 47.1 Forced
Suspension of Unmanned Aircraft Operations, and Flights and
Movement of Other Type of Airships
In order to prevent harm to the interests of national defence,
the Commander of the National Armed Forces or an authorised
person thereof may take the decision on forced landing or
destruction of unmanned aircraft, or forced landing or
destruction of other type of airships which are not classified as
aircraft by using firearms or special means if the relevant
flight has been performed infringing the prohibition laid down in
laws and regulations on flights above military sites or in the
vicinity thereof, above warships, and also in the prohibited
areas of the airspace, temporary reserved areas, and temporary
segregated areas established for the needs of the National Armed
Forces, or causing substantial threat to the persons safeguarding
of which is ensured in accordance with Section 6.1,
Paragraph two, Clauses 1, 2, and 3 of the National Armed Forces
Law.
Forced landing or destruction of unmanned aircraft, or forced
landing or destruction of other type of airships which are not
classified as aircraft, and also investigation of circumstances
of the incident shall be performed by the National Armed Forces
in cooperation with the competent public authorities in
accordance with the procedures stipulated by the Cabinet.
[9 June 2016]
Section 47.2 Forced
Suspension of Unmanned Aircraft Operations and Flights or
Movement of Other Type of Airships above Objects of Latvijas
Banka or in the Vicinity Thereof
[23 November 2020 / See Paragraph 46 of Transitional
Provisions]
Section 48. Restriction or
Prohibitions on Aircraft Flights
In an emergency situation or during a state of emergency, or
in the interests of public safety, the Cabinet of the Republic of
Latvia may temporarily restrict or prohibit flights of aircraft
in the entire airspace of the Republic of Latvia or any part
thereof.
In the case of threat to the State, the Cabinet may take a
decision on the transfer the functions and resources of the State
stock company Latvian Air Traffic and the Civil Aviation Agency
to the Latvian National Armed Forces. The procedures by which in
the case of threat to the State, the functions and resources of
the State stock company Latvian Air Traffic and the Civil
Aviation Agency are transferred to the Latvian National Armed
Forces, and the volume of such functions and resources shall be
determined by the Cabinet.
[26 October 2006; 29 March 2007]
Section 49. Forced Landing of
Aircraft in the Territory of the Republic of Latvia
If an aircraft has made an unauthorised flight into territory
of the Republic of Latvia, the aircrew shall without delay
perform all the necessary measures in order to restore the flight
according to the flight plan.
The Cabinet shall determine the circumstances and procedures
by which in the interests of public order and security the forced
landing of an aircraft may be requested.
[15 December 2005]
Section 49.1 Performance
of Combat Operations against Aircraft in the Territory of the
Republic of Latvia
In the case of absolute necessity in order to prevent harm to
the interests of national security, and if there is a basis for
considering that an aircraft is being used as a weapon for the
destruction of people, the Minister for Defence shall take a
decision on the performance or non-performance of combat
operations against the aircraft in the territory of the Republic
of Latvia. Combat operations may be performed only when it is the
only possibility of preventing the abovementioned harm.
If the Minister for Defence is delayed in fulfilling his or
her office, the Prime Minister shall take the decision on the
performance or non-performance of combat operations against the
aircraft in the territory of the Republic of Latvia.
The Cabinet shall determine the procedures by which a decision
on the performance of combat operations against an aircraft in
the territory of the Republic of Latvia is taken.
[28 April 2005]
Section 50. Ramp Inspection of
Foreign Aircraft at Aerodromes in the Republic of Latvia
The Civil Aviation Agency shall perform ramp inspection of a
foreign aircraft and shall restrict departure or prohibit
departure from aerodromes in the Republic of Latvia according to
the procedures stipulated by the Cabinet if a foreign civil
aviation aircraft does not have the documentation necessary for
international flights, which has been determined in the standards
of the International Civil Aviation Organisation (ICAO) or
international agreements regarding air traffic, if the pre-flight
safety procedures laid down in binding international public law
enactments have not been performed, if there is a reason to
believe that the technical condition of the aircraft does not
guarantee the aircraft flight safety, and also if any of the crew
members thereof do not have the appropriate personnel
licence.
[11 May 2006; 21 March 2013]
Section 51. Delay of Departure of
Aircraft, which have not Settled Certain Payments
The administration of a civil aviation aerodrome or the
administration of the State stock company Latvian Air Traffic or
an authorised person thereof may delay the departure of an
aircraft until the settlement of the payments determined in
Section 28 of this Law or the provision of guarantees regarding
the settlement of such payments.
[15 December 2005; 29 March 2007]
Section 52. Procedures for the Use
of Radio Communication Equipment
[15 December 2005]
Section 53. Aircraft
Documentation
During a flight, the following documentation must be in an
aircraft registered in the Civil Aviation Aircraft Register of
the Republic of Latvia, if not laid down otherwise in legal acts
of the European Union:
1) the aircraft registration certificate;
2) a certificate of aircraft airworthiness;
3) an airworthiness review certificate (if required for the
relevant aircraft);
4) a permit to use an aircraft radio station;
5) a noise certificate (if required for the relevant
aircraft);
6) a recording log on the technical state of the aircraft
during flight;
7) aircraft operation instructions for the performance of
flights;
8) an approved copy of an air operator certificate and
documentation (copy) of the operation conditions issued in
relation to such licence (for aircraft performing commercial
activity);
9) a document certifying insurance of liability in relation to
the third parties;
10) documentation regarding any passengers and cargo if
passengers or cargo are present on the aircraft;
11) a journey log;
12) an agreement entered into in accordance with Article 83
bis of the Convention on International Civil Aviation of 7
December 1944 (if such agreement has been entered into);
13) other documents specified in laws and regulations, which
are required for the performance of flights of aircraft.
[15 December 2005]
An air operator has the right to determine other documentation
which must be present during aircraft flights in the aircraft to
be operated.
[15 December 2005; 21 March 2013]
Section 54. Aeronautical
Information
An aircrew must be provided with the aeronautical information
necessary for the performance of aircraft flights.
The State stock company Latvian Air Traffic shall organise the
provision of the aeronautical information necessary for the
performance of flights in the airspace of the Republic of Latvia
to all interested persons free of charge, in the cases specified
in documents of the International Civil Aviation Organisation
(ICAO), but in other cases on a contract basis.
The Cabinet shall determine the procedures for the preparation
and distribution of aeronautical information.
[15 December 2005; 29 March 2007; 7 June 2007]
Section 55. Meteorological
Information
The meteorology service provider shall ensure interested
persons with the meteorological information necessary for the
performance of aircraft flights for payment or free of charge in
the cases and by the procedures stipulated by the Cabinet.
[11 May 2006]
Section 55.1 Meteorology
Service Providers
The State stock company Latvian Air Traffic and the State
limited liability company Latvian Environment, Geology and
Meteorology Centre are the meteorology service providers in the
Republic of Latvia within the meaning of Regulation (EC) No
550/2004 of the European Parliament and of the Council of 10
March 2004 on the provision of air navigation services in the
single European sky (the Service Provision Regulation).
[29 March 2007; 21 March 2013; 23 November 2017]
Section 56. Meteorological
Conditions for Performance of Flights
In order to guarantee the safety of civil aviation flight,
depending on the radio aids and other conditions on an aerodrome,
the type of the aircraft and qualification of the flight crew,
the minimum meteorological conditions shall be determined under
which it is permitted to perform flights - the meteorological
minimum requirements.
The Cabinet shall determine the minimum meteorological
conditions in which the aircraft of the military aviation of the
Republic of Latvia shall conduct take-offs or landings upon civil
aviation aerodromes.
The Cabinet shall determine the procedures for the application
of the meteorological minimum requirements.
[15 December 2005; 26 October 2006; 21 March 2013]
Chapter
Seven
Civil Aviation Security
Section 57. Essentials of the
Maintenance of Civil Aviation Security
The Cabinet shall approve the National Civil Aviation Security
Programme in which in accordance with Regulation (EC) No 300/2008
of the European Parliament and of the Council of 11 March 2008 on
common rules in the field of civil aviation security and
repealing Regulation (EC) No 2320/2002 the measures to be taken
for the maintenance of civil aviation security are
determined.
The Civil Aviation Agency shall be the responsible authority
for the implementation, coordination and oversight of the
aviation security programme. The administrative acts of the Civil
Aviation Agency which are issued in the implementation of
European Community security requirements shall be appealed in a
court without disputation in a higher institution. The appeal of
such administrative acts shall not suspend the operation
thereof.
Issues of civil aviation security policy and the coordination
of interinstitutional activities shall be ensured by a collegial
decision-making body - the National Civil Aviation Security
Commission. The Cabinet shall approve the by-laws of the National
Civil Aviation Security Commission and determine the composition
thereof.
The Civil Aviation Agency in accordance with the Civil
Aviation Security Quality Control Programme shall supervise the
implementation of the measures determined in the legislation of
the European Union and the National Civil Aviation Security
Programme. The Civil Aviation Security Quality Control Programme
shall be approved by the Cabinet.
The measures specified in the National Civil Aviation Security
Programme shall be implemented by the personnel which have been
certified in accordance with the procedures stipulated by the
Cabinet.
The Cabinet shall determine the passenger classes that shall
be exempt from the airport security screening and the procedures
by which they shall be exempted from airport security
screenings.
[22 June 2005; 15 December 2005; 26 October 2006; 16 July
2009; 9 June 2016; 7 November 2019]
Section 57.1 Background
Check
An employer shall conduct a standard background check on the
persons determined in Commission Implementing Regulation (EU) No
2015/1998 of 5 November 2015 laying down detailed measures for
the implementation of the common basic standards on aviation
security (hereinafter - Regulation No 2015/1998), and on the
persons who will perform work duties in air navigation objects in
conformity with Commission Implementing Regulation (EU) No
1035/2011 of 17 October 2011 laying down common requirements for
the provision of air navigation services and amending Regulations
(EC) No 482/2008 and (EU) No 691/2010), to the extent specified
in point 11.1.3(a), (b) and (c) and point 11.1.4 of the Annex to
Regulation No 2015/1998.
The employer shall not enter into an employment contract,
shall terminate employment relationship with the person referred
to in Paragraph one of this Section or temporarily suspend him or
her from the performance of work duties if the standard
background check has established that the person:
1) has provided false information regarding his or her
identity or previous occupation in the last five years;
2) has been sentenced for committing an intentional criminal
offence - prior to setting aside or extinguishing the
conviction;
3) has not submitted the employer an opinion on the conformity
of the state of health of the person with the work to be
performed or a negative opinion referred to in this Clause has
been received;
4) has been administratively penalised for violating the
procedures for the handling of weapons, ammunition, special
means, and pyrotechnic articles, offences committed under the
influence of alcoholic beverages, narcotic, or other intoxicating
substances, for petty hooliganism or for intentionally wrongful
resistance to lawful orders or requests of an employee of a
police institution while a year has not passed since the
execution of the administrative penalty.
After completion of the standard background check to the
extent specified in point 11.1.3(a), (b) and (c) and point 11.1.4
of the Annex to Regulation No 2015/1998, the employer shall send
data on the persons referred to in Paragraph one of this Section
to whom the conditions of Paragraph two of this Section do not
apply to the State Security Service for conducting the enhanced
background check specified in point 11.1.3(d) of the Annex to
Regulation No 2015/1998 if:
1) an aircrew member identification card and an airport
identification card should be issued to the person;
2) the person is being hired for him or her to perform
security screening, access control, and implement other security
control measures;
3) the work duties of the person include issuing of civil
aviation aircrew identification cards and airport identification
cards;
4) the work duties of the person also include training,
management, and oversight of such personnel which performs the
screening specified in Regulation No 2015/1998, access control,
and implements security control measures;
5) the person has administrator rights or unlimited and
unsupervised access to critical information and communication
technology systems, and also data used for civil aviation
security purposes according to the State Civil Aviation Security
Programme or data which have been identified in accordance with
the risk assessment specified in point 1.7.3 of the Annex to
Regulation No 2015/1998.
After completion of the enhanced background check, the State
Security Service shall, within the scope of its competence,
provide an opinion to the employer as to whether the person has
successfully completed the enhanced background check.
The Cabinet shall determine the procedures for the conduct of
a background check, the procedures for the issuing and
cancellation of civil aviation aircrew identification cards and
airport identification cards.
In addition to the conditions of Paragraph two of this
Section, the employer shall not enter into an employment
contract, terminate employment relationship with the person or
temporarily suspend him or her from the performance of the work
duties if a negative opinion of the State Security Service has
been received.
The employer may, according to a contract, authorise the
airport administration to conduct a standard background check or
its part on the persons referred to in Paragraph one of this
Section who need permanent access to the controlled zone of the
aerodrome.
[3 December 2020 / The new wording of Section shall come
into force on 31 December 2020. See Paragraph 44 of Transitional
Provisions]
Section 57.2 Requirements
for the Owners and Responsible Employees of Civil Aviation
Aerodromes, Civil Aviation Flight Crew Member Training
Organisations, Aircraft Operators, and Air Navigation Service
Providers
Only the person who meets the following criteria may be an
owner (beneficial owner) and an employee who holds a management
position or may significantly affect company's activities with
his or her decisions (hereinafter - the responsible employee) of
a civil aviation aerodrome, civil aviation flight crew member
training organisations (hereinafter - the training
organisations), aircraft operator providing international air
transport of passengers, cargo, or mail and air navigation
service provider:
1) is not related to terrorism and is not involved in an
anti-governmental or criminal organisation;
2) is not related to money laundering;
3) has not been punished for the commission of an intentional
criminal offence;
4) has not been found guilty of committing a criminal offence
which is related to fraud, smuggling, unauthorised activities
with goods or other valuables subject to customs clearance,
entrepreneurship without registration and without a permit
(licence), evasion of tax payments and payments equivalent
thereto;
5) has not been punished for customs offences or cash entering
or leaving without declaration;
6) has not been punished for a violation related to tax
liability of a taxpayer or a violation of laws and regulations
governing employment relationship or labour protection, except
when a warning or a fine not exceeding EUR 360 has been imposed
for an individual violation, and the total amount of fines over
the year does not exceed EUR 1100;
7) has paid taxes, fees, and other mandatory payments to the
budget, or deadlines for the relevant payments have been extended
(suspended, divided) in accordance with the procedures laid down
in laws and regulations governing the field of tax, and a person
makes payments in accordance with a decision by tax
administration (payment schedule), except for the case when the
execution of the decision by tax administration is suspended for
the period of pre-trial examination;
8) does not pose a threat with his or her behaviour or
activities to the national or public security of Latvia,
democratic and constitutional regime of the State, independence
and territorial integrity of the State.
The Ministry of Transport and the Civil Aviation Agency shall,
within the competence thereof, verify the conformity of the owner
(beneficial owner) and responsible employee of the aerodrome,
training organisation, aircraft operator, and air navigation
service provider referred to in Paragraph one of this Section
with the requirements of Paragraph one of this Section by
requesting information from public institutions which are
competent for the information referred to in Paragraph one of
this Section:
1) prior to the commencement of the licensing and
certification processes laid down in this Law or the legal acts
of the European Union which would grant the right to an
aerodrome, training organisation, aircraft operator, and air
navigation service provider to provide services in the field of
civil aviation;
2) in case of change of the owner (beneficial owner) or
responsible employee of a licensed or certified aerodrome,
training organisation, aircraft operator, and air navigation
service provider;
3) at least once every five years.
The Ministry of Transport and the Civil Aviation Agency shall
not commence a licensing or certification process of an
aerodrome, training organisation, aircraft operator, and air
navigation service provider, shall suspend or terminate a
commenced licensing or certification process, and also take the
decision to suspend or revoke the operation of a licence or
certificate issued to an aerodrome, training organisation,
aircraft operator, and air navigation service provider if:
1) the identity of the owner (beneficial owner) and
responsible employee of the aerodrome, training organisation,
aircraft operator, and air navigation service provider cannot be
established and verified;
2) information has been received from public institutions that
the owner (beneficial owner) or responsible employee of the
aerodrome, training organisation, aircraft operator, or air
navigation service provider fails to meet any of the criteria
referred to in Paragraph one of this Section.
The decision referred to in Paragraph three of this Section
may be appealed to a court. Appeal of the decision shall not
suspend its operation.
If, in examining the case referred to in Paragraph four of
this Section, it is necessary for the court to verify information
containing an official secret for the purpose of objective
determination of circumstances of the case, such information
shall be studied and evaluated only by the court. It shall be
indicated in the ruling that such information has been
evaluated.
[13 October 2022]
Section 58. Coordination of the
Measures included in Civil Aviation Security Programmes
[22 June 2005]
Section 59. Inspections of
Passengers, Baggage and Hand Baggage
[22 June 2005]
Section 60. Cooperation with Foreign
Countries and International Organisations in Civil Aviation
Security Matters
In conformity the competence thereof, the Aviation Department,
the Civil Aviation Agency, and the Transport Accident and
Incident Investigation Bureau shall perform information exchange
with other countries, the International Civil Aviation
Organisation (ICAO) and other international organisations, and
also otherwise cooperate in matters regarding civil aviation
safety.
[22 June 2005; 15 December 2005; 29 March 2007 / See
Transitional Provision]
Section 60.1 Protection
of Civil Aviation against Unsanctioned Unmanned Aircraft
Operations
The legal entities specified in the State Civil Aviation
Security Programme shall implement measures for the protection of
civil aviation objects and aircraft against unsanctioned unmanned
aircraft operations which may cause threats to civil aviation
security.
[23 November 2020]
Chapter
Eight
Aviation Rescue Work and the Investigation of Aviation
accidents
Section 61. Aeronautical Search and
Rescue Coordination Centre
Search and rescue operations for aircraft and persons that
have suffered in a civil aviation accident, and also
rectification of the consequences of an accident shall be
coordinated by the Aeronautical Search and Rescue Coordination
Centre (international abbreviation - the ARCC; hereinafter - the
Coordination Centre). The Coordination Centre shall operate at
all times, 24 hours a day, and operation thereof shall be ensured
by the State Border Guard.
The Coordination Centre shall coordinate search and rescue
operations for aircraft and persons that have suffered in a civil
aviation accident in the search and rescue area of responsibility
of the Republic of Latvia, and also outside thereof if it is
provided for in the international agreements to which the
Republic of Latvia is a party.
The Coordination Centre shall operate in accordance with the
By-laws and emergency plan of the Coordination Centre approved by
the State Border Guard, as well as according to the instructions
given by the Civil Aviation Agency.
[2 October 2014]
Section 62. Preparedness of
Aerodrome Personnel in the Rescue of Aircraft and Persons that
have Suffered in an Accident
An operator of the aerodrome from which air transport is
performed shall ensure that aerodrome personnel are specially
prepared and organised and the necessary equipment and machinery
are located at the aerodrome, so that the aerodrome personnel
could independently save aircraft and persons that have suffered
the accident in the territory of the aerodrome and provide first
aid until the moment when rescue operations are commenced by the
involved State authorities the operation of which is coordinated
by the Coordination Centre.
[2 October 2014; 23 November 2017]
Section 63. Distress Signals
Distress signals especially intended for such cases must be
transmitted (given) from an aircraft which is under the threat of
danger or is in danger, or which has suffered in an accident.
An air traffic controller who has received (noticed) a
distress signal shall take all the possible measures to provide
assistance to the aircraft which is under threat of danger or is
in danger, or which has suffered in an accident, and shall notify
the Coordination Centre thereof.
If the flight crew of an aircraft has received a distress
signal from an aircraft which is under threat of danger or is in
danger, or which has suffered in an accident, the
pilot-in-command shall act in accordance with the provisions of
Section 37, Clause 3 of this Law.
[21 March 2013; 2 October 2014]
Section 64. Reporting of Aviation
Accidents
Persons shall immediately notify the State Fire and Rescue
Service, the State Police, or the Coordination Centre of any
accidents known to them.
The State Fire and Rescue Service and the State Police shall
immediately notify the Coordination Centre and the Transport
Accident and Incident Investigation Bureau of any known
accidents.
[2 October 2014]
Such occurrence in civil aviation which influences the safety
of the flight of an aircraft shall be notified according to the
procedures stipulated by the Cabinet.
[22 June 2005; 15 December 2005; 29 March 2007; 21 March
2013; 2 October 2014]
Section 65. Reporting to Interested
Persons of Other States Regarding Aviation Accidents and
Incidents having occurred in the Territory of the Republic of
Latvia
The Transport Accident and Incident Investigation Bureau shall
report any accidents, serious incidents, and incidents occurred
in the territory of the Republic of Latvia, and also the
commencement of investigation thereof in compliance with the
requirements laid down in Article 9(2) of Regulation No
996/2010.
[23 November 2017]
Section 66. Rectification of the
Consequences of Accidents
The Cabinet shall determine the procedures by which search and
rescue operations for civil aviation aircraft and persons that
have suffered in accidents take place, and also the procedures
for the rectification of the consequences of civil aviation
accidents and the procedures for the co-operation of
institutions.
The Cabinet shall determine the procedures by which search and
rescue operations for military aviation aircraft and persons that
have suffered in accidents take place, and also the procedures
for the rectification of the consequences of military aviation
accidents and the procedures for the cooperation of
institutions.
Provision of aid to victims of civil aviation accidents and
relatives thereof shall be separated from investigation of civil
aviation accidents.
[2 October 2014; 23 November 2017]
Section 67. Participation of
Authorities and Aircraft Owners from Other States in Aircraft
Rescue Operations
Authorities of the country of registration of the aircraft and
the owner of the aircraft have the right to, under supervision of
the Coordination Centre, participate or provide the necessary
assistance for the rescue of an aircraft which has suffered in an
accident.
[2 October 2014]
Section 68. Aircraft Evacuation
Evacuation of an aircraft and wreckage fragments thereof from
the place of accident shall be performed by an aircraft operator
or invited organisations at the expense of the aircraft operator,
provided that the permit of the Transport Accident and Incident
Investigation Bureau has been obtained. If it is necessary for
the investigation, an aircraft owner or operator shall, at its
own expense and without delay, ensure conveyance of the aircraft
and wreckage fragments thereof to the place indicated by the
Transport Accident and Incident Investigation Bureau for research
and expert-examination.
If the evacuation of the aircraft or wreckage fragments
thereof is not possible, the grid reference of such aircraft and
any wreckage fragments thereof must be marked on a map to prevent
confusion in the search for any other aircraft having suffered in
an accident.
If an aircraft which has suffered in an accident or any
wreckage fragments thereof impede the movement of transport by
rail, water, air or road, the Head of the Coordination Centre
shall, upon fixation of the technical condition of the aircraft,
layout of the aircraft and any wreckage fragments thereof, and
coordination thereof with the Head of the Transport Accident and
Incident Investigation Bureau, take measures for the evacuation
thereof in order to renew the transport movement.
If in performing an emergency rescue operation of an aircraft
having suffered in an accident, it is necessary to change the
layout of the aircraft or any wreckage fragments thereof, and
also when the aircraft has suffered in an accident or any
wreckage fragments thereof are endangering human life or could
cause significant material losses and their evacuation must be
performed immediately - a fix of their initial state shall be
recorded to the extent possible prior to arrival of the Transport
Accident and Incident Investigation Bureau.
[12 June 2003; 4 March 2004; 22 June 2005; 29 March 2007; 2
October 2014; 23 November 2017]
Section 69. Discontinuance of
Aircraft Search
If the search for an aircraft which has suffered in an
accident produces no findings, the Minister for Transport may
take a decision to discontinue the search for the aircraft upon a
proposal by the Civil Aviation Agency . The Civil Aviation Agency
shall develop the abovementioned proposal on the basis of the
information submitted by the Coordination Centre on findings of
the search for the aircraft.
[2 October 2014]
Section 70. Investigation of Civil
Aviation Accidents, Serious Incidents, and Incidents which have
Occurred in the Territory of the Republic of Latvia
The Transport Accident and Incident Investigation Bureau shall
investigate civil aviation accidents, serious incidents, and
incidents which have occurred in the territory of the Republic of
Latvia. The Cabinet shall determine the procedures for
investigating civil aviation accidents, serious incidents, and
incidents.
If at least one person has sustained bodily injury in a civil
aviation accident due to which death or serious bodily injury has
occurred, the Minister for Transport may invite the necessary
specialists for the investigation.
If military aviation aircraft are involved in a civil aviation
accident, serious incident, or incident, the Minister for
Transport and the Minister for Defence may, upon mutual
agreement, invite the necessary specialists for
investigation.
Specialists, and also experts, including foreign experts, from
institutions and commercial companies may be involved in the
investigation of civil aviation accidents, serious incidents, or
incidents.
In the cases referred to in Paragraphs two and three of this
Section, the Transport Accident and Incident Investigation Bureau
shall lead the investigation.
[12 June 2003; 4 March 2004; 22 June 2005; 15 December
2005; 29 March 2007; 16 July 2009; 30 September 2010; 21 March
2013; 23 November 2017; 11 October 2018]
Section 71. Inclusion of Specialists
in an Aviation Accident Investigation Commission
[4 March 2004]
Section 72. Participation of
Interested Authorities of Other Countries in the Investigation of
a Civil Aviation Accident, Serious Incident, or Incident in the
Territory of the Republic of Latvia
Authorised representatives of the authorities of the country
of registration, the country of operator, the country of design
or the country of manufacture of an aircraft and advisers
thereof, and also authorised representatives of the authorities
of such countries and advisers thereof which in relation to the
investigation of a civil aviation accident, serious incident, or
incident provide information, equipment or send experts may
participate in the investigation of the civil aviation accident,
serious incident, or incident in the territory of the Republic of
Latvia, unless it is otherwise provided for in the international
agreements to which the Republic of Latvia is a party.
If a citizen of other country has fatal or serious injuries in
a civil aviation accident in the territory of the Republic of
Latvia, authorised experts of such country may participate in the
investigation of the civil aviation accident, unless otherwise
provided for by international agreements to which the Republic of
Latvia is a party.
[13 March 2008; 16 July 2009; 23 November 2017]
Section 73. Investigation of a Civil
Aviation Accident, Serious Incident or Incident Outside the
Territory of the Republic of Latvia
Authorised representatives of the authorities of the Republic
of Latvia and advisers thereof shall participate in the
investigation of a civil aviation accident, serious incident, or
incident occurred in the territory of other country if an
aircraft has been registered in the Civil Aviation Aircraft
Register of the Republic of Latvia or if the operator of such
aircraft has been registered in the Republic of Latvia and unless
it is otherwise provided for in the international agreements to
which the Republic of Latvia is a party.
If a citizen or non-citizen of Latvia has fatal or serious
injuries in a civil aviation accident in the territory of another
country, authorised experts of the authorities of the Republic of
Latvia shall participate in the investigation of the civil
aviation accident, unless otherwise provided for by the
international agreements to which the Republic of Latvia is a
party.
A civil aviation accident, serious incident, and incident
which have occurred in airspace located outside the territory of
the Republic of Latvia, but in which air traffic is controlled by
the State stock company Latvian Air Traffic shall be investigated
in accordance with the procedures laid down in international
agreements.
The Transport Accident and Incident Investigation Bureau shall
perform an investigation if it is not implemented by another
state and if a civil aviation accident in which an aircraft
registered in the Republic of Latvia Civil Aviation Aircraft
Register has occurred outside the territory of the European
Union, or a serious incident in which an aircraft registered in
the Republic of Latvia Civil Aviation Aircraft Register is
involved or such aircraft which is operated by a natural or legal
person the place of domicile of which is the Republic of
Latvia.
The investigation shall be performed according to the
procedures stipulated by the Cabinet.
The Transport Accident and Incident Investigation Bureau may
delegate the investigation referred to in this Section to other
State investigation authority on the basis of a mutual
agreement.
[4 March 2004; 22 June 2005; 15 December 2005; 29 March
2007; 13 March 2008; 16 July 2009; 30 September 2010; 23 November
2017]
Section 74. Rights of Investigators
from the Transport Accident and Incident Investigation Bureau
Upon performing an investigation, investigators from the
Transport Accident and Incident Investigation Bureau have the
right to:
1) freely access the place of a civil aviation accident,
serious incident, or incident, and also the aircraft, the
contents or wreckage thereof;
2) immediately ensure the recording of any evidence and the
controlled collection of wreckage fragments or components in
order to perform verification or analyses;
3) immediately access the flight recorders, familiarise
themselves with the contents of the relevant recordings and use
them in the investigation;
4) familiarise themselves with the results of examinations and
laboratory analyses of the bodies of the victims of the civil
aviation accident, and also request performance of such
examinations and laboratory analyses;
5) familiarise themselves with the opinions of medical
treatment institutions and receive the information therefrom on
the medical fitness of persons who have suffered a civil aviation
accident, serious incident, or incident;
6) immediately familiarise themselves with the results of any
medical examinations and laboratory analyses of the persons who
were in control of the aircraft;
7) question any witnesses;
8) freely access any information or recordings held by the
aircraft owner, operator, or manufacturer, and also by the
authorities responsible for civil aviation, airport, or air
traffic control;
9) require that the State and local government authorities,
and also, if necessary, other legal persons in whose area of
operation the civil aviation accident has occurred, to guard, to
the extent possible, the aircraft, any wreckage fragments
thereof, and also other evidence, and to provide assistance in
taking labour-intensive and other necessary measures, and also to
designate working and resting premises for the Transport Accident
and Incident Investigation Bureau;
10) specify when the aircraft, the contents, wreckage
fragments, and other evidence thereof may be removed from the
place of the occurrence, and also to destroy such in accordance
with the procedures laid down in laws and regulations;
11) invite a police officer in order to immediately take the
persons involved in a civil aviation accident, serious incident,
or incident to a medical treatment institution where the
examination of the effect of narcotic, psychotropic, toxic, or
other intoxicating substances would be carried out.
The Transport Accident and Incident Investigation Bureau also
has other rights which are necessary for achieving the effective
goals of the investigation in the shortest possible time
period.
[21 March 2013]
The sample licence of an investigator of the Transport
Accident and Incident Investigation Bureau shall be approved by
the Cabinet.
[12 June 2003; 4 March 2004; 22 June 2005; 29 March 2007;
13 March 2008; 16 July 2009; 30 September 2010; 21 March 2013; 23
November 2017]
Section 74.1 Rights of
Authorised Representatives of Other Countries and Advisers
Thereof
Authorised representatives of the authorities of the country
of registration, the country of operator, the country of design
or the country of manufacture of an aircraft and advisers
thereof, and also authorised representatives of authorities of
such countries and advisers thereof which in relation to the
investigation of a civil aviation accident, serious incident, or
incident provide information, equipment or send experts of their
responsible authorities, when participating in the investigation
performed under the management of the Transport Accident and
Incident Investigation Bureau, in accordance with Sub-paragraph
5.25 of Annex 13, Aircraft Accident and Incident Investigation,
to the Convention on International Civil Aviation of 7 December
1944 have the following rights to:
1) visit the place of a civil aviation accident, serious
incident, or incident;
2) examine the wreckage;
3) obtain witness information and suggest areas of
questioning;
4) have full access to all relevant evidences as soon as
possible;
5) receive copies of all pertinent documents;
6) participate in read-outs of recorded media;
7) participate in investigative activities which are not
performed at the place of a civil aviation accident, serious
incident, or incident but rather at some other place, such as
component examinations, technical briefings, tests, and
simulations;
8) participate in all investigation-related meetings,
including discussions of analysis, causes, conclusions, and
safety recommendations of a civil aviation accident, serious
incident, or incident;
9) submit documents to the investigation authority of the
relevant foreign country of a civil aviation accident, serious
incident, or incident;
10) submit documents to the investigation authority of the
relevant foreign country in respect of the various elements of
the investigation.
Advisers of the authorised representatives of the authorities
of the country of registration, the country of operator, the
country of design or the country of manufacture of an aircraft,
and also advisers of the authorised representatives of the
authorities of such countries which in relation to the
investigation of a civil aviation accident, serious incident, or
incident provide information, equipment or send experts, shall be
permitted to participate in the investigation under the
supervision of the authorised representatives, insofar as it is
necessary in order for the participation of the authorised
representatives of foreign countries to be efficient in the
investigation.
[30 September 2010; 23 November 2017]
Section 75. Obligation to Preserve
Factual Evidence
All persons have an obligation to preserve without any
alteration the aircraft, any wreckage fragments thereof, any
objective aircraft flight control equipment present on the
aircraft or on the ground, all objects present on the aircraft or
on the ground which are related to the aviation accident or
incident, the documentation related to the flight, manufacture,
repair, and servicing of the aircraft, and forward them to the
Transport Accident and Incident Investigation Bureau.
The Transport Accident and Incident Investigation Bureau shall
take all measures necessary to protect this evidence and ensure
the supervision of an aircraft and components thereof, insofar as
it is necessary for the needs of investigation. If criminal
proceedings have been initiated, the abovementioned activities
shall be carried out by permission of the person directing the
procedures.
If an aircraft, wreckage thereof, recorded media, and other
factual evidence are not necessary, the Transport Accident and
Incident Investigation Bureau shall return them to the owner. If
criminal proceedings have been initiated, the abovementioned
activities shall be carried out by permission of the person
directing the procedures.
[4 March 2004; 22 June 2005; 29 March 2007; 30 September
2010]
Section 75.1 Protection
of Investigation Records of Accidents and Incidents
The Transport Accident and Incident Investigation Bureau shall
ensure protection of the records referred to in Article 14 of
Regulation No 996/2010 which have been obtained during
investigation and are under storage or control thereof.
If these records are necessary for law enforcement
institutions, the law enforcement institutions shall request them
from a primary source.
[23 November 2017]
Section 76. Measures for Prevention
of the Causes of a Civil Aviation Accident, Serious Incident or
Incident
The Transport Accident and Incident Investigation Bureau,
taking into account the investigation materials, shall develop
safety recommendations for the prevention of the causes of civil
aviation accidents, serious incidents, or incidents in future
civil aviation operation and send them to civil aviation aircraft
operators registered in the Republic of Latvia, civil aviation
authorities of other countries, the International Civil Aviation
Organisation (ICAO), and also other interested persons.
Natural and legal persons to whom the safety recommendations
relate shall implement them in the shortest possible time
period.
The Transport Accident and Incident Investigation Bureau shall
send copies of the final report and safety recommendations to the
bodies referred to in Article 16(8) of Regulation No
996/2010.
[4 March 2004; 22 June 2005; 29 March 2007; 16 July 2009; 9
June 2011; 23 November 2017]
Section 77. Rights to Remuneration
for Expenditures (Damages) caused in performing the Rescue of an
Aircraft, and also in Performing Activities according to
Instructions of the Transport Accident and Incident Investigation
Bureau
Persons for whom expenditures (damages) have incurred when
performing search for or rescue of an aircraft according to the
instructions of the State Aviation Search and Rescue Service or
upon personal initiative, and also when performing activities
according to the instructions of the Transport Accident and
Incident Investigation Bureau, are entitled to receive
remuneration in accordance with the procedures laid down in laws
and regulations of the Republic of Latvia.
[12 June 2003; 4 March 2004; 22 June 2005; 29 March 2007;
23 November 2017]
Chapter
Nine
Air Transport, Aerial Work, and Aircraft Leasing Agreements
Section 78. Rights to Perform Air
Transport of Passengers, Cargo, and Mail and Aerial Work
An aircraft operator who has received an air operator
certificate and licence for air transport has the rights to
perform air transport in the territory of the Republic of
Latvia.
[23 November 2017]
If the right to perform air transport of passengers, baggage,
cargo, and mail are limited by the provisions of the bilateral
international air traffic agreements entered into by the Republic
of Latvia, the Cabinet shall determine the procedures for the
allocation, oversight of use, and revocation of limited air
traffic rights.
[22 October 1998; 15 December 2005; 30 September 2010; 23
November 2017]
Section 79. Issue of an Air Operator
Certificate
The Civil Aviation Agency shall issue an air operator
certificate in accordance with the procedures stipulated by the
Cabinet.
[30 October 1997; 16 September 2004; 15 December
2005]
Section 80. Air Operator
Certificate
[15 December 2005]
Section 81. Recognising an Air
Operator Certificate to be Invalid
An air operator certificate shall not be valid if the
operation thereof is suspended or withdrawn in accordance with
the requirements of Regulation No 965/2012.
An air operator certificate which has been recognised to be
invalid shall be handed over to the Civil Aviation Agency.
[23 November 2017]
Section 82. Licence for Air
Transport
The competent authority which implements Regulation (EC) No
1008/2008 of the European Parliament and of the Council of 24
September 2008 on common rules for the operation of air services
in the Community (Recast) (hereinafter - Regulation No
1008/2008), except for Articles 23 and 24 of Regulation No
1008/2008, shall be the Aviation Department. The competent
authority which implements Articles 23 and 24 of this Regulation
shall be the Consumer Rights Protection Centre.
The Cabinet shall determine the procedures for the payment of
the State fee for issuing a licence for air transport and renewal
of operation of the licence for air transport, and also amount of
the abovementioned State fee.
[23 November 2017]
Section 83. Rendering Invalid a
Licence for the Right to Perform Aerial Work
[13 October 2022]
Section 84. Regulation of Air
Transport
The air transport of passengers, baggage, and cargo shall be
governed by the provisions of this Law and Cabinet regulations
regarding the air transport of passengers, baggage, and
cargo.
[13 October 2022]
[15 December 2005; 11 May 2006; 29 March 2007; 13 October
2022]
Section 84.1 Duty of
Carriers to provide Passenger Data
A carrier which performs international flights from a third
country to the Republic of Latvia, on the basis of a request from
the State Border Guard, has a duty immediately after the end of
the boarding registration of passengers to provide to the State
Border Guard data regarding passengers who will carried to a
specified State border crossing point through which such persons
shall enter the Republic of Latvia.
The carrier shall provide the following data regarding the
persons referred to in Paragraph one of this Section:
1) the given name and surname of the passenger;
2) the date of birth of the passenger;
3) the citizenship of the passenger (if there is such);
4) the type and number of the travel document used by the
passenger;
5) the State border crossing point through which the passenger
shall enter the Republic of Latvia;
6) the number of the flight;
7) the departure and arrival time of the aircraft;
8) the total number of passengers on the aircraft;
9) the initial point of embarkation of the passenger.
The carrier shall send the data electronically or by any other
appropriate means (if the electronic system is not accessible or
interruptions in the operation thereof have occurred) to the
State border crossing point through which the persons referred to
in Paragraph one of this Section shall enter the Republic of
Latvia.
[11 May 2006; 7 June 2007]
Section 84.2 Duty of the
Carrier to Inform Passengers
A carrier which performs international flights from a third
country to the Republic of Latvia, upon acquiring the data
referred to in Section 84.1, Paragraph two of this
Law, has a duty to inform passengers regarding the reason for the
request for data.
[11 May 2006]
Section 84.3 Duty of a
Carrier to Destroy Passenger Data
A carrier which performs international flights from a third
country to the Republic of Latvia has a duty within 24 hours
after landing of the aircraft to destroy the data which it has
provided to the State Border Guard in accordance with Section
84.1 of this Law.
[11 May 2006]
Section 84.4 Duty of the
State Border Guard to Destroy Passenger Data
The State Border Guard has a duty, within 24 hours after
arrival of the passenger and performance of border controls, to
destroy the data which it has received in accordance with Section
84.1 of this Law, except for the cases where it is
necessary to use such data to ensure public order or the
protection of State security interests.
[11 May 2006]
Section 84.5 Use of
Languages in International Air Transport
A carrier by air registered in the Republic of Latvia may
provide the information to the public also at least in one of the
languages determined in the law On 1997 Protocol on the Authentic
Quadrilingual Text of the Convention on International Civil
Aviation (Chicago, 1944) - English, if it is not in contradiction
with the Official Language Law.
[13 March 2008]
Section 85. Documentation of
Transport
A ticket shall certify the contract of passenger air transport
and the provisions thereof, while a baggage receipt shall certify
the hand-over of baggage.
A cargo consignment note shall certify the contract of cargo
air transport and the provisions thereof, and also the fact that
the carrier has accepted the cargo.
If the carrier has issued a ticket, baggage receipt, or
consignment note, but it is improperly drawn up or has been lost,
or it cannot be presented due to other reasons, the contract of
transport shall remain in force. If, however, the conditions laid
down in Section 104, Paragraph two, Clauses 1 and 2 of this Law
are applicable, the liability of the carrier shall not be
limited.
A postal waybill shall certify the contract of air transport
of mail, the provisions thereof and the acceptance of mail for
transport.
[Paragraph five repealed on 22 April 2004]
[9 May 2002; 22 April 2005]
Section 86. Accuracy of the
Information Declared on Consignment Notes
Information on the weight (mass), dimensions and packaging of
a cargo, and also on the number of cargo places declared on the
consignment note shall be deemed to be correct unless proven
otherwise by the carrier. Information on the quantity, amount,
condition, and packaging of the cargo shall not serve as evidence
if the carrier has not verified such in the presence of the
consignor and so determined on the consignment note.
Section 87. Documents to be appended
to Consignment Notes
The consignor shall provide information and append to the
consignment note all the documents which the consignee needs
until hand-over of the cargo in order to complete the customs and
other formalities specified in the relevant laws and
regulations.
[23 November 2017]
Section 88. Unilateral Termination
of a Contract of Passenger Air Transport
A passenger has the right to refuse to travel on a flight and
to be paid back completely or partly any payments for transport
made.
The carrier is entitled to unilaterally terminate the contract
of air transport of a passenger if:
1) [2 October 2014];
2) a passenger has violated the instructions given by the
carrier and through his or her action creates a threat to the
safety of the aircraft flight;
3) it is necessary to prevent any violations of laws and
regulations of such country over which the air transport will be
performed or in which the starting point, stopover, or
destination of the transport is located;
4) the mental or physical condition or behaviour of the
passenger during the air transport could create a threat to the
health of the passenger himself or herself, to the safety of the
persons and property present on the aircraft, inconvenience to
other passengers, and also raise the objections of other
passengers.
The contract of air transport of the passenger shall be
terminated and the payment for transport paid shall be returned
in accordance with the procedures and in the amount provided for
in the regulations regarding air transport of passengers,
baggage, and cargo.
[21 March 2013; 2 October 2014; 23 November 2017]
Section 88.1 Protection
of Passenger Rights
The competent authority within the meaning of Regulation (EC)
No 261/2004 of the European Parliament and of the Council of 11
February 2004 establishing common rules on compensation and
assistance to passengers in the event of denied boarding and of
cancellation or long delay of flights, and repealing Regulation
(EEC) No 295/91 is the Consumer Rights Protection Centre.
The competent authority within the meaning of Regulation (EC)
No 1107/2006 of the European Parliament and of the Council of 5
July 2006 concerning the rights of disabled persons and persons
with reduced mobility when travelling by air is the Civil
Aviation Agency.
[7 June 2007; 16 July 2009; 21 March 2013]
Section 89. Amendments to Contracts
of Cargo Air Transport
If a consignor has fulfilled all of the obligations arising
from the contract for air transport and presented the consignment
note to the carrier, the consignor has the right to receive the
cargo back at the place of dispatch or the place of delivery of
the transport, to delay it at any stopovers, to change the
consignee indicated on the consignment note, and to require that
the cargo be delivered back to the place of dispatch thereof. If
it is not possible to comply with the consignor's request, the
carrier must notify the consignor immediately thereof.
Exercising the rights of a consignor provided for in Paragraph
one of this Section shall not cause losses either to the carrier,
or to other consignors, and the consignor shall compensate the
expenditures of the carrier related to the exercising of such
rights.
If the consignor has not requested the return of the cargo and
has not provided any other instructions, then from the moment of
arrival of the cargo at the place of destination the consignee
has the right to require that the carrier issue the cargo and
consignment note to him or her, but the rights of the consignor
determined in this Section shall be terminated. If the consignee
refuses to accept the cargo, the rights of the consignor shall be
renewed.
Any provision of the transport contract which differs from the
provisions of this Section shall be written in the consignment
note.
The provisions of this Section shall not affect either the
mutual relations of the consignor and consignee, or their
relations with any third persons whose rights shall arise from
their obligations with the consignor or the consignee.
Section 90. Reception of Cargo at
the Destination Point
After the carrier has notified a consignee regarding the
arrival of a cargo at the transport destination point, the
consignee shall receive the cargo within the time period laid
down in the regulations on air transport of passengers, baggage,
and cargo.
If the cargo has not been received within the determined time
period, the carrier shall notify the consignor thereof and keep
such cargo at the expense and risk of the consignor.
Regulations regarding air transport of passengers, baggage,
and cargo shall determine the time periods, procedures, and
payment for the storage of a cargo, and also for when the cargo
shall be deemed to be unclaimed, and the procedures for the
dispensation by sale thereof.
Section 91. Aerial work
An aircraft operator shall perform aerial work with aircraft
to which the requirements referred to in Regulation No 216/2008
apply if this aircraft operator complies with the requirements
laid down in Regulation No 965/2012.
An aircraft operator shall perform aerial work with aircraft
to which the requirements referred to in Regulation No 216/2008
do not apply if this aircraft operator complies with the
requirements determined by the Cabinet.
The Cabinet shall determine the procedures for the performance
of aerial work.
[23 November 2017]
Section 92. Aircraft Leasing
Agreement
According to an aircraft leasing agreement, one party (lessor)
shall undertake to hand over an aircraft for temporary use to
another party (lessee) for a charge.
An aircraft may be rented with or without the crew
thereof.
An aircraft leasing agreement must specify the name of each
party, the type of the aircraft, the purpose of rental, the state
of technical servicing of the aircraft, and the party which is
responsible for compliance with the operational rules of the
aircraft and for flight safety of the aircraft, the procedures by
which the aircraft shall be insured and the procedures by which
the liability for any harm caused to third persons by an aircraft
in flight shall be insured, the liability of a lessee for causing
damage to an aircraft or for the total destruction thereof. The
aircraft leasing agreement may also include other provisions.
A lessee has the right to hand over a rented aircraft for
sub-rental only with the consent of the lessor.
If an aircraft registered in the Civil Aviation Aircraft
Register of the Republic of Latvia is rented to an air operator
of another state, or if the State authority, local government,
association or foundation of the Republic of Latvia, an merchant
registered in the Enterprise Register, or an inhabitant of Latvia
wishes to rent an aircraft registered in another state, the
provisions of the rental agreement which are related to the
liability for aircraft flight safety shall be coordinated with
the Civil Aviation Agency and a permit shall be received.
[22 October 1998; 15 December 2005; 21 March 2013]
Section 93. Charter Agreement
According to a charter agreement one party (carrier) shall
undertake to hand over all the capacity of the aircraft or any
part thereof for a charge to another party (charterer) for the
transport of passengers, baggage, cargo, and mail or for other
purposes.
A charter agreement must specify the name of the parties, the
type of the aircraft, the purpose of rental, the maximum number
of passengers to be carried, the weight of the baggage, cargo,
and mail, the amount of the rental payment, the point of
departure, duration of freight and point of destination.
A charter agreement may also include other provisions.
A carrier has the right, without requesting any additional
payment from the charterer, to postpone the time of departure of
the transport and the time of take-off of the aircraft at the
planned places of landing, to perform additional landings or to
change the flight route, if necessary, in order to guarantee the
safety of the aircraft flight.
A carrier has an obligation to hand over in a timely manner
the capacity of the aircraft and during the term of operation of
the agreement to maintain the aircraft in such a state that it
can be used for the purposes determined in the agreement.
The charterer has the right to hand over the chartered
aircraft for sub-chartering with the consent of the carrier.
The charterer has an obligation to make the payment provided
for in the agreement in a timely manner, and to ensure the timely
conveyance of passengers, baggage, cargo, and mail to the point
of departure.
A party shall be released from liability for the failure to
execute a charter agreement or a poor quality execution thereof
if it proves that the failure to execute the agreement or the
poor quality execution thereof was not due to the fault
thereof.
A carrier shall not be liable to the charterer for an aircraft
being unfit for operation if the cause thereof is not due to the
fault of the carrier.
A carrier shall be liable for the passengers, consignors and
consignees in accordance with the provisions of Sections 98-106
of this Law.
[21 March 2013]
Chapter
Ten
Liability and Insurance
Section 94. Liability for Violation
of Provisions of This Law and Other Aviation-related Legislation
of the Republic of Latvia
[21 March 2013]
Section 95. Responsibility for
Knowingly Providing False Information to the Aviation Department
and the Civil Aviation Agency
A person who has knowingly provided false information to the
Aviation Department and the Civil Aviation Agency shall be held
liable in accordance with the procedures laid down in the laws
and regulations of the Republic of Latvia.
A person who has knowingly provided false information in
relation to the conditions for issuing a certificate, licence, or
permit shall not be issued such documents, or a decision shall be
taken to withdraw the relevant issued document.
[15 December 2005; 23 November 2017]
Section 96. Liability for the Death
or Damage to the Health of Aircrew Members Caused During
Performance of Official Duties
An aircraft owner or operator thereof, if the aircraft is
operated by another person, shall be liable for any harm that
have been caused by the occurrence of death or damage to the
health of a member of the aircrew during his or her performance
of official duties.
The performance of duties shall commence with the preparation
of an aircrew member for a flight and conclude with the moment
when after the flight he or she has fulfilled all of the
functions provided for in the rules regarding the operation of
the aircraft and other regulations.
Section 97. Liability for Harm
Caused to a Third Person or to the Property Thereof by an
Aircraft in Flight
If the aircraft is operated by another person, an aircraft
owner or operator shall be liable for any harm caused to a third
person in the territory of the Republic of Latvia by an aircraft
in flight or an object separated therefrom, and manifested either
as the death of the third person or as damage caused to his or
her health, or harm caused to his or her property, if the
aircraft owner or operator, in accordance with the procedures
laid down in laws and regulations of the Republic of Latvia, does
not prove that the harm occurred by the intention of the victim
himself or herself. The Cabinet shall determine the procedures by
which harm to a third person or property thereof shall be
compensated, if it is caused by an aircraft of the military
aviation or aircraft of the civil aviation (or an object
separated from it) of the Republic of Latvia, which the National
armed Forces of Latvia uses for military needs.
For the purpose of this Section an aircraft shall be deemed to
be an aircraft in flight from the moment of the starting of the
engines of the aircraft before the take-off thereof until the
moment when the taxiing run of the aircraft has ended after the
landing thereof.
[13 March 2008; 23 November 2017]
Section 98. Liability of an Air
Carrier for the Death or Damage to the Health of a Passenger
Resulting During Air Transport
An air carrier shall be liable for any harm which have been
caused due to the occurrence of the death or damage to the health
of a passenger during air transport.
By decision of a court, compensation may be determined in the
form of periodic payments; moreover, the amount of such payments
may not exceed the maximum amount of loss compensation
established in accordance with the provisions of Section 104 of
this Law.
The air transport of a passenger shall cover the time period
from the moment when, under supervision of persons authorised by
the air carrier, a passenger has gone out on the apron of an
aerodrome in order to embark an aircraft until the moment when
the passenger has gone off the apron of an aerodrome, regardless
of whether or not an aircraft flight has taken place.
Section 99. Liability of an Air
Carrier for the Loss, Shortage of, or Damage to Property on a
Passenger's Person
An air carrier shall be liable for the loss, shortage of or
damage to property present on a passenger's person from the
moment when, prior to the commencement of an air movement, the
passenger has embarked the aircraft until the moment when the
passenger has disembarked therefrom at the point of destination
or a stopover of the air movement determined on the ticket,
except for cases when the passenger has been requested not to
leave in the aircraft the property on his or her person.
Section 100. Liability of an Air
Carrier for the Loss, Shortage of, or Damage to Baggage or
Cargo
An air carrier is liable for the loss, shortage of, or damage
to registered baggage or cargo resulting on land or in the
aircraft from the moment when the baggage or cargo has been
accepted for transport until the moment when the baggage or cargo
has been issued to the consignee or consignor thereof.
The registered baggage or cargo shall be deemed to be lost if
so determined by the air carrier, or if seven days have passed
from the moment when the baggage or cargo should have arrived at
the point of destination of the freight, but has not arrived.
Section 101. Extent of Liability of
an Air Carrier for the Loss, Shortage of, or Damage to Baggage,
Cargo, or Property Present on a Passenger's Person
An air carrier shall be liable to the following extent for any
loss, shortage of, or damage to property present on a passenger's
person, registered baggage, or cargo:
1) for the loss or shortage of baggage or cargo which has been
accepted for transport without any declared value, and also for
the loss or shortage of property present on a passenger's person
- in the amount of the actual value of the lost baggage, cargo,
or property present on the passenger's person or any missing part
thereof;
2) for the loss or shortage of baggage or such cargo which has
been accepted for transport at a declared value - in the amount
of the declared value, if the air carrier does not prove that the
declared value is higher than the actual value;
3) for any damage to baggage, cargo, or property present on a
passenger's person - in the amount of the sum by which the value
of the baggage, cargo, or property has been reduced.
If the loss, shortage of, or damage to any part of the
property present on a passenger's person, baggage, cargo, or any
object included therein affects the value of other property
present on the passenger's person or the baggage or cargo
indicated in the same baggage receipt or consignment note, in
determining the amount of compensation the total value of the
baggage, cargo, or property present on the passenger's person
shall be taken into account.
In the case of the loss or shortage of baggage or cargo, the
air carrier, together with the payment of compensation, shall
return the payment for transport if the payment for transport has
been made, and also the payment for transport of the lost
cargo.
Section 102. Liability of an Air
Carrier for a Delay of Carriage
An air carrier shall be liable for any losses caused to a
passenger, a consignor or a consignee of baggage or cargo in
connection with a delay of carriage by air.
The amount of the losses provided for in Paragraph one of this
Section and the procedures for the determination thereof shall be
governed by the rules on the carriage by air, baggage, and cargo
or international agreements to which the Republic of Latvia is a
party.
Section 103. Release of an Air
Carrier from Liability or a Reduction of Liability
An air carrier shall not be liable if he or she proves that he
or she has taken all measures necessary for the prevention of
harm or losses, or that it was not possible to take such
measures.
A court may release an air carrier from the liability
determined in Sections 98, 100, and 106 of this Law or to limit
such liability if the air carrier proves that the fault of the
victim was the cause of, or facilitated such harm or losses.
An air carrier shall be released from the liability determined
in Sections 99, 100, and 106 of this Law if the shortage of or
damage to the property present on a passenger's person, baggage,
cargo or mail has occurred due to the natural properties thereof
or due to faulty packaging.
In accordance with the provisions of Sections 98-100, 102, and
106 of this Law, the air carrier shall be liable in accordance
with the procedures laid down in laws and regulations of the
Republic of Latvia, unless it is otherwise provided for in the
international agreements to which the Republic of Latvia is a
party.
[23 November 2017]
Section 104. Limitations on the
Liability of a Carrier
The liability of an air carrier determined in Sections 98-100
and 102 of this Law, that is, the maximum amount of compensation
for losses, may be restricted in accordance with the procedures
established by international agreements to which the Republic of
Latvia is a party, or by regulations regarding air transport of
passengers, baggage and cargo.
The limitation of the liability of an air carrier determined
in Paragraph one of this Section shall not be applied if:
1) the document of air transport does not contain all of the
information determined by international agreements which provide
for the limits on the liability of an air carrier and to which
the Republic of Latvia is a party, or by regulations regarding
air transport of passengers, baggage and cargo;
2) a passenger, baggage, or cargo has been carried with the
consent of the air carrier without the issuance of the documents
determined in Section 85 of this Law;
3) it is proved that damage has been caused with intent by the
air carrier or due to his or her gross negligence.
Section 105. Amendment of
Limitations on the Liability of an Air Carrier
An air carrier, passenger, or a consignor or consignee of the
baggage or cargo may agree to extend the liability of the air
carrier in comparison to the limitations on liability laid down
in accordance with the provisions of Section 104 of this Law.
An agreement regarding a reduction in the liability of the air
carrier in comparison to the limitations on liability laid down
in accordance with the provisions of Section 104 of this Law
shall not be in effect.
Section 106. Liability of an Air
Carrier for Loss, Shortage of or Damage to, and also Delayed
Delivery of Mail
An air carrier is financially liable to the postal authorities
for the loss, shortage of, or damage to, and also the delayed
delivery of mail due to the fault of the air carrier, to the
extent to which the communications authorities are liable to the
consignor or addressee.
Section 107. Liability of
Passengers, Consignors and Consignees of Baggage or Cargo
Passengers, a consignor and consignee of baggage or cargo
shall be liable for any harm which, due to their fault, is caused
to other persons, the property of the air carrier and the
property of other persons for which the air carrier is
liable.
A consignor shall be liable for any damages caused to an air
carrier or another person to whom the air carrier is liable in
connection with errors, inaccuracies in, or the incomplete
disclosure of the information indicated in the consignment
note.
A consignor shall be liable to the air carrier for all losses
which may be caused in connection with the shortage, incomplete
disclosure of, or error in the information and documents
determined in Section 87 of this Law.
Section 108. Liability for Damage
Caused as the Result of an Aircraft Collision
If a collision of two or more aircraft has occurred in the
territory of the Republic of Latvia or if any aircraft has caused
damage to another aircraft, but a collision has not occurred, the
mutual financial liability of air operators shall be determined
according to the following provisions:
1) harm caused due to the fault of one party shall be
compensated in full by such party;
2) if harm is caused due to the fault of both (several)
parties, the liability of each party shall be determined with
regard to the degree of the fault thereof;
3) if harm is caused due to the fault of both (several)
parties and it is not possible to determine the degree of fault
of each party, the liability shall be shared equally among all
parties.
If the parties are not at fault in causing the harm, none of
them has the right to require the other party to compensate for
harm.
None of the parties whose aircraft have suffered in a
collision shall be considered guilty until proven otherwise.
In accordance with the provisions of Sections 98-106 of this
Law, an air carrier is financially liable for any harm which have
been caused due to the occurrence of the death of a passenger or
damage caused to the health of a passenger during air transport,
and also for any damage to the property of third persons which is
present in an aircraft or entrusted to the air carrier, moreover,
the air carrier has the right of reclaim (subrogation) in
relation to the other party (parties) due to the fault of which
(whom) the damage has been caused.
Section 109. Bringing an Action
An action against an air carrier, in accordance with the
provisions of Sections 98-100, 102, and 106 of this Law, shall be
brought to a court of the location of the administrative
authority of the air carrier, of the place of entering into a
contract of air transport, or the place of destination of air
transport not later than within two years from the day when the
aircraft arrived at the point of destination, or from the day
when the aircraft should have arrived thereat, or from the day of
termination of the carriage.
An action against an air carrier in connection with the loss,
shortage of, or damage to any property present on a passenger's
person, registered baggage, or cargo, or with the delay of
registered baggage or cargo air transport, and also in connection
with denied boarding, cancellation or long delay of a flight, in
accordance with Regulation (EC) No 261/2004 of the European
Parliament and of the Council of 11 February 2004 establishing
common rules on compensation and assistance to passengers in the
event of denied boarding and of cancellation or long delay of
flights, and repealing Regulation (EEC) No 295/91 (hereinafter -
Regulation No 261/2004), may only be brought after submission of
a written claim in accordance with provisions of Section 110 of
this Law.
An air carrier may bring an action against a passenger, a
consignor and consignee of baggage or cargo in accordance with
this Law within a time period of six months from the day of such
event which was the basis for the bringing of the action.
In accordance with provisions of Section 96, 97, and 108 of
this Law, actions to claim compensation for damages shall be
brought in accordance with the procedures and time periods laid
down in laws and regulations of the Republic of Latvia.
[23 November 2017]
Section 110. Submitting a Claim
In case of the loss, shortage of, or damage to property
present on a passenger's person, a claim must be submitted to the
air carrier immediately upon disembarkation of the passenger at
the point of destination of the air movement determined in the
ticket or at some other point of disembarkation.
In the case of denied boarding, cancellation or long delay of
a flight in accordance with Regulation (EC) No 261/2004 of the
European Parliament and of the Council of 11 February 2004, a
claim shall be submitted to the carrier within six months from
the day of a flight or the day when the flight was intended.
In other cases specified in Section 109, Paragraph two of this
Law, a claim must be submitted to the air carrier immediately,
but not later than:
1) within seven days from the day of receipt of registered
baggage in the case of any shortage thereof or damage
thereto;
2) within 14 days from the day of receipt of cargo in the case
of any shortage thereof or damage thereto;
3) within seven days in the case of loss of registered baggage
or within 14 days in the case of loss of cargo, from the day when
it is deemed to have been lost in accordance with the provisions
of Section 100, Paragraph two of this Law;
4) within 21 days from the day of receipt of baggage or cargo
in the case of delay of air transport.
[23 November 2017]
Section 111. Compulsory Insurance
Related to Civil Aviation Operations
Owners of civil aviation aircraft and other civil aviation
objects and equipment and air operators who perform their
activities in the territory of the Republic of Latvia must
insure, respectively:
1) an aircraft and other civil aviation objects and equipment
in the cases specified in laws and regulations of the Republic of
Latvia;
2) members of an aircrew;
3) against liability for damages caused to a passenger, his or
her property, or the baggage or cargo of a consignor;
4) against liability for damages caused to a third person or
the property of such person by an aircraft in flight or any
objects separated therefrom.
The performer of the training, institution or merchant which
has sent them for training must insure persons whose training
process requires the necessity of the performance of training
flights.
The employers or merchants with whom persons have a contract
for the performance of the relevant work in an aircraft must
insure persons who are not members of an aircrew, but whose work
is related to their presence in an aircraft during a flight.
Persons who are engaged in aviation as a sport must insure
themselves.
[15 December 2005; 23 November 2017]
Section 112. Liability for the
Transport of Persons from Foreign States to the Republic of
Latvia or from the Republic of Latvia to Foreign States without
Documents Valid for Entry into the Relevant State
An air operator is responsible for ensuring that persons
without the documents valid for entry into the relevant state are
not carried from foreign states to the Republic of Latvia or from
the Republic of Latvia to foreign states.
An air operator who has conveyed a person without the
documents valid for entry into the relevant state from foreign
states to the Republic of Latvia or from the Republic of Latvia
to foreign states shall ensure the return conveyance of the
abovementioned person and cover all expenditures related to his
or her detention.
[11 June 1998]
Chapter
Eleven
Military Aviation
[26 October 2006]
Section 112.1 Competence
of the Ministry of Defence
The Ministry of Defence shall:
1) [20 June 2019];
2) [20 June 2019];
3) prepare the laws and regulations governing the military
aviation activities;
4) investigate military aviation accidents and incidents which
have occurred in the territory of the Republic of Latvia and in
which the military aviation aircraft of the Republic of Latvia
are involved;
5) exercise oversight of airspace of the Republic of Latvia in
case of the State endangerment;
6) cooperate with other authorised aviation authorities in the
implementation of principles of flexible use of the airspace.
[16 July 2009; 11 October 2018; 20 June 2019]
Section 112.2 Competence
of the National Armed Forces
The National Armed Forces shall:
1) exercise State oversight of the military aviation
activities;
2) supervise the operation of military aviation aircraft of
the Republic of Latvia, aerodromes and other military aviation
objects and equipment.
[20 June 2019]
Section 113. Military Aerodromes
Military aerodromes shall be established and used in
accordance with the procedures laid down in internal regulatory
enactments issued by the Minister for Defence.
[20 June 2019]
Section 113.1 Military
Aviation Area
A military aviation area shall be used in accordance with the
procedures laid down in internal laws and regulations issued by
the Minister for Defence.
A military aviation area may be established in the territory
above which, in accordance with the laws and regulations
regarding management and structure of the airspace and procedures
for changing thereof, an airspace structure element necessary for
the activities planned in the military aviation area may be
established.
The airspace above the military aviation area shall be used in
accordance with the laws and regulations regarding management and
structure of the airspace and procedures for changing thereof,
and procedures for the performance of military aviation aircraft
flights.
[2 October 2014]
Section 113.2 Procedures
for the Construction, Installation, Placement, and Designation of
Objects Potentially Hazardous to the Safety of Military Aerodrome
Operation
In addition to compliance with the requirements of other laws
and regulations, a permit shall be obtained from the Ministry of
Defence to construct, install, and place the following objects
potentially hazardous to the safety of military aerodrome
operation:
1) which are explosive and emit visible laser beams - within a
distance of five kilometres from the nearest runway
threshold;
2) which may cause interference in the operation of radio
equipment necessary for ensuring military aerodrome operation -
within a distance of five kilometres from the nearest runway
threshold;
3) the absolute height of which exceeds the absolute height of
the military aerodrome reference point by at least 30 metres -
within a radius of five kilometres therefrom - or reaches or
exceeds any aerodrome obstacle restriction surface;
4) which irrespective of the height thereof will be located
within military aviation aircraft take-off or landing sectors -
within a distance of two kilometres from the nearest runway
threshold (a permit shall also be obtained if trees are planted
in such places);
5) which reduce or may reduce visibility in the military
aviation aircraft take-off or landing sectors;
6) which are any light sources that will not be used for air
navigation but will be located in the military aviation aircraft
take-off or landing sectors and may endanger the flight safety of
military aviation aircraft - within a distance of five kilometres
from the nearest runway threshold;
7) which facilitate or may facilitate the mass presence of
birds (permanent feeding sources and nesting places) - within a
radius of 15 kilometres from the military aerodrome reference
point;
8) the height of which above the surface at the location
thereof reaches 100 metres and more, and which will be located in
the military aviation aircraft take-off or landing sectors but
not at the place referred to in Clause 4 of this Paragraph -
within a distance of 15 kilometres from the nearest runway
threshold.
The Cabinet shall determine the procedures for requesting and
obtaining a permit from the Ministry of Defence to construct,
install, and place objects potentially hazardous to the safety of
operation of specific military aerodromes.
The Cabinet shall determine the procedures for the
registration of objects potentially hazardous to the safety of
military aerodrome operation.
The owners and possessors of the objects referred to in
Paragraph one, Clauses 3 and 4 of this Section shall mark and
equip them with protective lights in accordance with the
procedures stipulated by the Cabinet.
It is prohibited to place any signs in the vicinity of a
military aerodrome which are similar to aviation marking signs
and installations, and may mislead aircrew during a flight.
The permit referred to in Paragraph one of this Section may be
issued if the Ministry of Defence is reimbursed (compensated) for
the expenditures necessary to ensure the unhindered and safe
operation of the military aerodrome. The amount of expenditures
shall be determined and reimbursed in accordance with a written
agreement setting out the form and manner of compensation. The
most technically appropriate and, as far as possible,
economically most beneficial solution shall be selected when
evaluating the options for creating the compensation
mechanism.
[2 October 2014; 23 November 2017; 11 October 2018; 20 June
2019, 6 October 2022]
Section 113.3 Procedures
for the Construction, Installation, Placement, and Designation of
Objects Potentially Hazardous to the Safety of Military Aviation
Area
In addition to compliance with the requirements of other laws
and regulations, a permit shall be obtained from the Ministry of
Defence to construct, install, and place the following objects
potentially hazardous to the safety of military aviation
area:
1) which are explosive and emit visible laser beams - within a
distance of five kilometres from the external edge of the
military aviation area;
2) which may cause interference in the operation of radio
equipment necessary for ensuring operation of military aviation
area - within a distance of five kilometres from the external
edge of the military aviation area;
3) the absolute height of which exceeds the highest point
(surface of the ground) of military aviation area on the
geographic relief of the area by 75 metres - within a distance of
15 kilometres from the external edge of the military aviation
area;
4) which are any light sources that are directed higher than
45 degrees above the horizon and are not used for air navigation
- within a distance of two kilometres from the external edge of
the military aviation area;
5) which facilitate or may facilitate the mass presence of
birds (permanent feeding sources and nesting places) - within a
distance of not more than five kilometres from the external edge
of the military aviation area.
The Cabinet shall determine the procedures for requesting and
obtaining a permit from the Ministry of Defence to construct,
install, and place objects potentially hazardous to the safety of
operation of specific military aviation areas.
The Cabinet shall determine the procedures for the
registration of objects potentially hazardous to the safety of
operation of military aviation area.
The owners and possessors of the objects referred to in
Paragraph one, Clause 3 of this Section shall mark and equip them
with protective lights in accordance with the procedures
stipulated by the Cabinet.
It is prohibited to place any signs in the vicinity of a
military aviation area which are similar to aerodrome marking
signs and installations, and which may mislead aircrew during a
flight.
The permit referred to in Paragraph one of this Section may be
issued if the Ministry of Defence is reimbursed (compensated) for
the expenditures necessary to ensure the unhindered and safe
operation of the military aviation area. The amount of
expenditures shall be determined and reimbursed in accordance
with a written agreement setting out the form and manner of
compensation. The most technically appropriate and, as far as
possible, economically most beneficial solution shall be selected
when evaluating the options for creating the compensation
mechanism.
[2 October 2014; 20 June 2019; 6 October 2022]
Section 113.4 Procedures
for the Construction, Installation, and Placement of Objects
Potentially Hazardous to the Military Aviation of the Republic of
Latvia
In addition to compliance with the requirements of other laws
and regulations, a permit shall be obtained from the Ministry of
Defence to construct, install, and place objects the height of
which above the surface at the location thereof exceeds 100
metres or more and which will not be located in the locations
referred to in Sections 113.2 and 113.3 of
this Law.
[6 October 2022]
Section 114. Military Aviation
Aircraft Register of the Republic of Latvia
The Latvian National Armed Forces shall establish and maintain
a Military Aviation Aircraft Register of the Republic of Latvia.
The Latvian National Armed Forces shall register in such register
military aviation aircraft, granting them a national sign, and
also determine the registration sign thereof.
The military aviation aircraft national sign and registration
sign shall be approved in accordance with the procedures laid
down in internal regulatory enactments issued by the Minister for
Defence.
Section 115. Use of Civil Aviation
Aircraft for Military Needs
Civil aviation aircraft which the Latvian National Armed
Forces use for military needs shall be comparable to military
aviation aircraft, if international agreements binding to the
Republic of Latvia do not provide for otherwise. Civil aviation
aircraft which the Latvian National Armed Forces use for military
needs without civil aviation aircrew shall be registered in the
Military Aviation Aircraft Register of the Republic of
Latvia.
The Cabinet shall determine the procedures by which civil
aviation aircraft are used for military needs.
[13 March 2008]
Section 116. Use of Foreign Military
Aviation Aircraft
In the interests of State defence and security, the Latvian
National Armed Forces may use foreign military aviation
aircraft.
Foreign military aviation aircraft which are used by the
Latvian National Armed Forces shall be comparable to Republic of
Latvia military aviation aircraft if international agreements
binding upon the Republic of Latvia do not provide otherwise.
Section 114 of this Law shall not apply to such aircraft.
Section 117. Military Aviation
Aircraft Flights
The Cabinet shall determine the procedures by which military
aviation aircraft perform flights in the airspace of the Republic
of Latvia.
Chapter
11.1
UNMANNED AIRCRAFT AND THEIR SYSTEMS
[23 November 2020]
Section 117.1 General
Provisions for Unmanned Aircraft Operations
Unmanned aircraft operations in the airspace of the Republic
of Latvia shall be conducted in a way as to not endanger human
life, health, privacy, and property, safety and security of other
aircraft flights, interests of national defence and security and
not to cause harm to the environment.
For unmanned aircraft operations in the airspace of the
Republic of Latvia radio frequencies shall be used in accordance
with the laws and regulations regarding distribution of the bands
of radio frequency spectrum according to types of radio
communications and division for systems of radio communications,
and also general conditions for the use of the bands of radio
frequency spectrum in accordance with the National Radio
Frequency Plan.
Unmanned aircraft operations must not restrict or hinder the
activities of a State authority related to the response and
elimination of consequences operations and to the arrival at the
site of an accident, incident, or fire. Unmanned aircraft
operations at the site of an accident, incident, or fire where
response and elimination of consequences operations of an
accident may take place only after agreeing thereupon with the
commander of response and elimination of consequences
operations.
[23 November 2020]
Section 117.2
Qualification of the Personnel of Unmanned Aircraft Systems
The personnel of unmanned aircraft systems shall be a remote
pilot and the support personnel.
The qualification of the personnel of unmanned aircraft shall
conform to the requirements of Article 8 of Commission
Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules
and procedures for the operation of unmanned aircraft
(hereinafter - Regulation No 2019/947).
In the open category, online training course for remote pilots
shall be provided and proof of completion of an online
theoretical knowledge examination shall be issued to remote
pilots by the Civil Aviation Agency. The Cabinet shall determine
the procedures by which the Civil Aviation Agency shall provide
online training course for remote pilots and issue proof of
completion of an online theoretical knowledge examination to
remote pilots.
In the open and specific category, the remote pilot classroom
theoretical knowledge examination shall be ensured and the
certificate proving the competence of the remote pilot shall be
issued, extended, restricted, withdrawn, or its operation shall
be suspended by the Civil Aviation Agency or a recognised entity
thereof. The Cabinet shall determine the procedures by which the
Civil Aviation Agency or a recognised entity thereof shall ensure
the remote pilot classroom theoretical knowledge examination and
the certificate of competence of a remote pilot shall be issued,
extended, restricted, revoked or its operation shall be
suspended.
The remote pilot practical skill training and assessment
specified in Part A of the Annex to Regulation No 2019/947 shall
be ensured and a proof for the acquisition of the practical
skills shall be issued, extended, restricted, revoked or its
operation shall be suspended by an entity recognised by the Civil
Aviation Agency or the operator of unmanned aircraft systems. The
Cabinet shall determine the procedures by which an entity
recognised by the Civil Aviation Agency and an operator of
unmanned aircraft systems shall ensure the practical skill
training and assessment and issue, extend, restrict, revoke, or
suspend the operation of the proof for the acquisition of
practical skills, and also determine the procedures by which an
entity recognised by the Civil Aviation Agency and an operator of
unmanned aircraft systems shall submit a declaration to the Civil
Aviation Agency on conformity with the requirements of Regulation
No 2019/947 and receive the certification of conformity from such
Agency.
The Cabinet shall determine the conformity requirements for an
entity recognised by the Civil Aviation Agency and the procedures
for the acquisition of the status of a recognised entity, for the
restriction, extension, amendment, and cancellation of its
operation.
[23 November 2020]
Section 117.3
Declarations, Authorisations, and Certificates for the Operation
of Unmanned Aircraft Systems
Authorisations for the operation of unmanned aircraft and
certificates of an operator of unmanned aircraft systems shall be
issued, amended, extended, restricted, revoked or their operation
shall be suspended by the Civil Aviation Agency.
The conformity assessment of declarations for the operation of
unmanned aircraft systems in the specific category shall be
carried out by the Civil Aviation Agency.
The Cabinet shall determine the procedures by which the Civil
Aviation Agency shall:
1) issue authorisations for the operation of unmanned aircraft
and certificates of an operator of unmanned aircraft systems, and
also amend, extend, restrict, withdraw or suspend their
operation;
2) perform the conformity assessment of declarations for the
operation of unmanned aircraft systems in the specific
category.
[23 November 2020]
Section 117.4 Unmanned
Aircraft Operations Organised by Model Aircraft Clubs or
Associations
The Cabinet shall determine the procedures by which:
1) the Civil Aviation Agency shall issue a permit for unmanned
aircraft operations organised by a model aircraft club or
association, and also amend, extend, restrict, withdraw, or
suspend the operation of the permit;
2) model aircraft clubs or associations shall organise
unmanned aircraft operations.
[23 November 2020]
Section 117.5 Register of
Unmanned Aircraft, Unmanned Aircraft System Operators, Remote
Pilots and Model Aircraft Clubs and Associations
The Civil Aviation Agency shall create and maintain the
register of unmanned aircraft, unmanned aircraft system
operators, remote pilots, and model aircraft clubs and
associations. The register shall include information on:
1) operators of unmanned aircraft systems in the open,
specific, and certified category of unmanned aircraft and on
unmanned aircraft which are subject to certification within the
meaning of Article 14 of Regulation No 2019/947;
2) unmanned aircraft used for operations in the open and
specific category;
3) remote pilots;
4) model aircraft clubs and associations.
An operator of unmanned aircraft systems, an owner of unmanned
aircraft, a remote pilot, a model aircraft club or association
has an obligation to provide and update the information included
in the register of unmanned aircraft, unmanned aircraft system
operators, remote pilots, and model aircraft clubs and
associations in accordance with the procedures laid down in this
Law and in Cabinet regulations regarding the register of register
of unmanned aircraft, unmanned aircraft system operators, remote
pilots, and model aircraft clubs and associations.
The Cabinet shall determine:
1) the procedures for the creation, maintenance, availability,
compatibility, and operation of the register of register of
unmanned aircraft, unmanned aircraft system operators, remote
pilots, and model aircraft clubs and associations;
2) the procedures by which the operators of unmanned aircraft
systems in the open, specific, and certified category of unmanned
aircraft, the model aircraft clubs or associations shall provide
and update the information included in the register of register
of unmanned aircraft, unmanned aircraft system operators, remote
pilots, and model aircraft clubs and associations;
3) the procedures by which information regarding unmanned
aircraft which are subject to certification and regarding
unmanned aircraft used for operations in the open and specific
category shall be provided and updated;
4) the procedures by which the operators of unmanned aircraft
systems in the open, specific, and certified category of unmanned
aircraft, the model aircraft clubs or associations, the unmanned
aircraft which are subject to certification, and the unmanned
aircraft which are used for operations of the open and specific
category are deleted from the register of register of unmanned
aircraft, unmanned aircraft system operators, remote pilots, and
model aircraft clubs and associations.
[23 November 2020]
Section 117.6 Use of the
Airspace of the Republic of Latvia for Unmanned Aircraft
Operations
Unmanned aircraft operations shall take place using the
airspace of the Republic of Latvia intended for unmanned
aircraft.
The Cabinet shall determine the provisions for unmanned
aircraft operations and the criteria and procedures for the
facilitation, restriction, and prohibition of flights in the
airspace intended for unmanned aircraft operations.
The availability of information which is necessary for
unmanned aircraft operations in accordance with Article 15(3) and
Article 18(f) of Regulation No 2019/947 shall be ensured by the
State stock company Latvian Air Traffic. The Cabinet shall
determine the procedures for the circulation of information and
for ensuring the financing of its availability.
[23 November 2020]
Section 117.7 Oversight
of Operators of Unmanned Aircraft Systems, Entities Recognised by
the Civil Aviation Agency, Model Aircraft Clubs or
Associations
The Cabinet shall determine the procedures by which the Civil
Aviation Agency shall oversee:
1) the operators of unmanned aircraft systems which have
submitted a declaration to the Civil Aviation Agency or received
an operational authorisation or a certificate of the operator of
unmanned aircraft systems issued by the Civil Aviation
Agency;
2) the model aircraft clubs or associations to which a permit
has been issued;
3) the entities recognised by the Civil Aviation Agency.
[23 November 2020]
Section 117.8 State
Unmanned Aircraft Operations
When conducting operations with a state unmanned aircraft, the
requirements of this Law, the Cabinet regulations issued on the
basis thereof, and the legal acts of the European Union for
unmanned aircraft operations shall be complied with.
The requirements of this Law need not be complied with during
state unmanned aircraft operations insofar as it is provided for
by the special legal norms governing the relevant field. In such
case the operator of unmanned aircraft systems has an obligation
to ensure a level of flight security and safety, and also
supervision comparable to this Law, the Cabinet regulations
issued on the basis thereof, and the legal acts of the European
Union.
The requirements of this Law shall not be attributed to
operations with a state unmanned aircraft that is conducting
operations in an airspace specially restricted for such purpose
which has been created in accordance with the law or regulation
regarding the procedures for the management of the airspace, the
structure of the airspace, and the procedures for changing it. In
such case the operator of unmanned aircraft systems has an
obligation to ensure flight security and safety, and also
monitoring.
[23 November 2020]
Section 117.9 Military
Unmanned Aircraft Operations
Operations with a military unmanned aircraft are conducted in
conformity with the conditions of Section 117.1,
Paragraphs one and two of this Law.
The requirements of this Law shall not be attributed to
operations with a military unmanned aircraft that is conducting
operations in elements of an airspace structure specially created
for such purpose which have been created in accordance with the
law or regulation regarding the procedures for the management of
the airspace, the structure of the airspace, and the procedures
for changing it.
Operations of military unmanned aircraft outside elements of
an airspace structure specially created for such purpose shall be
conducted in accordance with the law or regulation regarding
unmanned aircraft operations in the airspace of the Republic of
Latvia. In such case, the National Armed Forces shall ensure a
comparable level of flight security and safety, and also
supervision.
[23 November 2020]
Section 117.10 Insurance
of Unmanned Aircraft Systems
An owner of unmanned aircraft shall insure his or her general
civil liability against losses which might be caused by the
unmanned aircraft to the health, life, or property of a third
party, and also to the environment.
The requirements referred to in Paragraph one of this Section
shall not be applied to model aircraft the total take-off mass of
which is less than 20 kg and flights of which are organised by
model aircraft clubs or associations, and to kites.
The minimum limits of general civil liability for losses which
might be caused by an unmanned aircraft to the health, life, or
property of a third party, and also to the environment, and
derogations from the insurance requirements shall be determined
by the Cabinet.
The requirements referred to in this Section shall not apply
to military unmanned aircraft. The Cabinet shall determine the
procedures by which harm to a third party or its property shall
be reimbursed if it has been caused by a military unmanned
aircraft.
[23 November 2020]
Section 117.11 Competence
of the Consumer Rights Protection Centre
The Consumer Rights Protection Centre:
1) is a market surveillance authority within the meaning of
Article 3(23) of Commission Delegated Regulation (EU) 2019/945 of
12 March 2019 on unmanned aircraft systems and on third-country
operators of unmanned aircraft systems (hereinafter - Regulation
No 2019/945);
2) shall organise and perform monitoring of the unmanned
aircraft systems and their remote identification add-ons placed
on the market of and entering the European Union market in
accordance with Article 35 of Regulation No 2019/945.
[23 November 2020]
Chapter
11.2
TETHERED AIR BALLOONS, KITES, UNMANNED
ROCKETS, AND ROCKET MODELS
[23 November 2020]
Section 117.12 General
Provisions for Flights with Tethered Air Balloons, Kites,
Unmanned Rockets, and Rocket Models
Flights with a tethered air balloon, a kite, an unmanned
rocket, and rocket models shall be performed in conformity with
the conditions of Section 117.1, Paragraphs one and
three of this Law.
[23 November 2020]
Section 117.13 Flights
with Tethered Air Balloons, Kites, Unmanned Rockets, and Rocket
Models
The Cabinet shall determine the procedures by which flights
with a tethered air balloon, a kite, an unmanned rocket, and
rocket models are performed.
[23 November 2020]
Chapter
Twelve
ADMINISTRATIVE OFFENCES IN THE FIELD OF CIVIL AND MILITARY
AVIATION AND THE COMPETENCE IN THE ADMINISTRATIVE OFFENCE
PROCEDURE
[20 June 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 40 of Transitional
Provisions]
Section 118. Administrative Offences
in the Field of Aircraft Flight Safety
For the failure to comply with such requirements of laws and
regulation which provide for the notification, analysis, and
taking of further measures in respect of occurrences in civil
aviation, a warning or a fine from ten to seventy units of fine
shall be imposed on natural persons, but a fine from one hundred
to three hundred and fifty units of fine - on legal persons.
For the violation of the regulations for the use of a civil
aviation aerodrome that endangers civil aviation security and
aircraft flight safety, a warning or a fine from thirty to one
hundred and forty units of fine shall be imposed on natural
persons, but a fine from nine hundred to one thousand and four
hundred units of fine - on legal persons.
For construction, installation, or placement of objects
potentially hazardous to aircraft flight safety without a permit
from the Civil Aviation Agency, except for the case of
unauthorised construction, a fine up to one hundred and forty
units of fine shall be imposed on natural persons, but a fine
from three hundred to one thousand and four hundred units of fine
- on legal persons.
For construction, installation, or placement of objects
potentially hazardous to operation of military aerodromes and
military aviation areas without a permit from the Ministry of
Defence, except for the case of unauthorised construction, a fine
up to one hundred and forty units of fine shall be imposed on
natural persons, but a fine from three hundred to one thousand
and four hundred units of fine - on legal persons.
For the failure to comply with such requirements of laws and
regulations which provide for the placement of labelling and
hazard beacons on structures and their maintenance in working
order, a fine from thirty to one hundred forty units of fine
shall be imposed on natural persons, but a fine from three
hundred to one thousand and four hundred units of fine - on legal
persons.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Section 119. Administrative Offences
in the Field of Aircraft Operations
For transport of passengers with an aircraft, if it has been
committed by a person to whom the right to provide such service
has not been granted, a warning or a fine from thirty to one
hundred and sixty units of fine shall be imposed on natural
persons, but a fine from ninety to three hundred and fifty units
of fine - on legal persons.
For the violation of the requirements of the laws and
regulations governing descent of parachutists, a warning or a
fine from thirty to three hundred and fifty units of fine shall
be imposed on natural persons, but a fine from ninety to one
thousand and two hundred units of fine - on legal persons.
For transfer of an aircraft for the performance of flights to
a person who does not have a corresponding qualification, a fine
from thirty to one hundred and sixty units of fine shall be
imposed on natural persons, but a fine from forty to three
hundred and fifty units of fine - on legal persons.
For the violation of the aircraft flight regulations, a fine
from thirty to one hundred and sixty units of fine shall be
imposed on natural persons, but a fine from one hundred and forty
to seven hundred units of fine - on legal persons.
For performance of a flight with an aircraft without
compulsory insurance or documents specified in laws and
regulations which attest for airworthiness of the aircraft, a
fine from thirty to one hundred and sixty units of fine shall be
imposed on natural persons, but a fine from one hundred and forty
to one thousand and five hundred units of fine - on legal
persons.
For performance of a flight with an aircraft without the
equipment specified in laws and regulations, a fine from thirty
to one hundred and sixty units of fine shall be imposed on
natural persons, but a fine from one hundred and forty to one
thousand and fifty units of fine - on legal persons.
For the violation of the regulations for the technical
maintenance and airworthiness maintenance of an aircraft, a fine
from thirty to one hundred and sixty units of fine shall be
imposed on natural persons, but a fine from one hundred and forty
to one thousand and six hundred units of fine - on legal
persons.
For operation of a civil subsonic aircraft without a
corresponding noise level certificate, a fine from thirty to one
hundred and sixty units of fine shall be imposed on natural
persons, but a fine from three hundred to one thousand and fifty
units of fine - on legal persons.
For performance of a flight with a non-registered aircraft or
with aircraft to which the national sign and registration sign
conforming to the national regulations for the registration of
the aircraft have not been displayed, a fine from thirty to one
hundred and sixty units of fine shall be imposed on natural
persons, but a fine from three hundred to one thousand and fifty
units of fine - on legal persons.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Section 120. Administrative Offences
in the Field of Passenger Air Transport
For the failure to provide information to passengers on their
rights in relation to refusal to embark, cancellation or long
delay of the flight, a warning or a fine from fourteen to six
hundred units of fine shall be imposed on legal persons.
For the failure to comply with other aircraft passenger rights
specified in laws and regulations in relation to refusal to
embark, cancellation or long delay of the flight, a warning or a
fine from twenty eight to one thousand and four hundred units of
fine shall be imposed on legal persons.
For infringing the rights of persons with disability and
persons with reduced mobility specified in laws and regulations
in respect of the use of air transport services, a warning or a
fine from ninety to six hundred units of fine shall be imposed on
legal persons.
For failing to provided information to passengers on the
identity of the air carrier performing the air transport, a fine
from fourteen to sixty units of fine shall be imposed on legal
persons.
For the failure to submit the requested passenger data, for
submitting incomplete or incorrect data to the State Border
Guard, if it is done by a carrier which is performing carriage by
aircraft from a third country to the Republic of Latvia, a fine
from six hundred and twenty to one thousand and twenty units of
fine shall be imposed on a carrier - natural or legal person.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Section 121. Administrative Offences
in the Field of Air Transport of Baggage, Mail, and Cargo
For the violation of the regulations regarding transport of
hazardous articles or substances on aircraft, a warning or a fine
from three hundred to one thousand and six hundred units of fine
shall be imposed on legal persons.
For acceptance for carriage of passengers, hand baggage,
registered baggage, cargo, post, provisions, or aircraft
inventory with civil aviation aircraft by infringing safety
control regulations, a warning or a fine from three hundred to
one thousand and six hundred units of fine shall be imposed on
legal persons.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Section 122. Administrative
Liability in the Field of Civil Aviation Security
For unauthorised entry in the controllable airport or
aerodrome territory or unauthorised movement around the
controllable airport or aerodrome territory, a warning or a fine
from thirty to four hundred units of fine shall be imposed.
For the violation of the requirements of laws and regulations
in respect of ensuring access control or security control for a
civil aviation object, a warning or a fine from three hundred to
one thousand and six hundred units of fine shall be imposed on
legal persons.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Section 123. Administrative Offences
in the Field of Air Traffic Management and Air Navigation
Services
For the violation of the requirements of the laws and
regulations governing air traffic management, a warning or a fine
from thirty to seventy units of fine shall be imposed on natural
persons, but a fine from one hundred and forty to three hundred
and fifty units of fine - on legal persons.
For damaging, modification, or movement of terrestrial
communication, navigation, surveillance, and meteorological
installations, a warning or a fine from thirty to one hundred and
sixty units of fine shall be imposed on natural persons, but a
fine from forty to three hundred and fifty units of fine - on
legal persons.
For infringing the regulations governing provision of air
navigation services, a warning or a fine from two hundred to one
thousand and two hundred units of fine shall be imposed on legal
persons.
For firing, work involving use of explosives, or operation
with light or electromagnetic radiation, if the relevant permit
has not been not obtained, endangering the safety of the flight
of aircraft and other material objects, a fine from sixty to one
hundred and sixty units of fine shall be imposed on natural
persons, but a fine from three hundred to one thousand and six
hundred units of fine - on legal persons.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Section 124. Administrative Offences
in the Field of Oversight of Civil Aviation Personnel
For performance of the duties of the civil aviation personnel
without required qualification or failure to comply with the
restrictions indicated in the documents certifying the
qualification and health, a fine from thirty to one hundred and
sixty units of fine shall be imposed by abrogating the right to
perform the duties of the civil aviation personnel for a period
of time up to five years or without it.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Section 124.1
Administrative Offences in the Field of Unmanned Aircraft
For conducting operations with an unmanned aircraft which is
not marked or identifiable, a warning or a fine from ten to
thirty units of fine shall be imposed on natural persons, but a
fine from thirty to one hundred units of fine - on legal
persons.
For the performance of the duties of a remote pilot or
observer or for the monitoring of a flight while under the
influence of alcohol if its concentration in blood exceeds 0.2
per mil, a warning or a fine from thirty to one hundred and forty
units of fine shall be imposed.
For conducting operations with an unmanned aircraft beyond
visual line of sight, a warning or a fine from ten to sixty units
of fine shall be imposed on natural persons, but a fine from
thirty to two hundred units of fine - on legal persons.
For conducting operations with an unmanned aircraft without
the mandatory civil liability insurance, a warning or a fine from
thirty to one hundred and forty units of fine shall be imposed on
natural persons, but a fine from one hundred to two hundred units
of fine - on legal persons.
For conducting operations with unmanned aircraft if the
operator of unmanned aircraft systems, unmanned aircraft, remote
pilot, or model aircraft club or association is not registered
with the register of register of unmanned aircraft, unmanned
aircraft system operators, remote pilots, and model aircraft
clubs and associations, a warning or a fine from ten to one
hundred and forty units of fine shall be imposed on natural
persons, but a fine from thirty to four hundred units of fine -
on legal persons.
For conducting operations with an unmanned aircraft the total
take-off mass of which exceeds the mass specified in laws and
regulations or which does not conform to the class of unmanned
aircraft systems or the category of unmanned aircraft, a warning
or a fine from ten to one hundred and forty units of fine shall
be imposed on natural persons, but a fine from thirty to four
hundred units of fine - on legal persons.
For conducting operations with an unmanned aircraft without
maintaining distance to the persons not involved in the operation
and assemblies of people if an operational authorisation has not
been received, a warning or a fine from ten to one hundred and
forty units of fine shall be imposed on natural persons, but a
fine from thirty to four hundred units of fine - on legal
persons.
For conducting operations with an unmanned aircraft without
agreeing thereupon with the owner of such infrastructure object
which is related to ensuring public order and safety, State
border security, and civil defence and with the owner, possessor,
or user of an industrial accident risk object, and also without
coordination with the Prison Administration and Latvijas Banka, a
warning or a fine from ten to one hundred and forty units of fine
shall be imposed on natural persons, but a fine from thirty to
four hundred units of fine - on legal persons.
For conducting operations with an unmanned aircraft closer to
military objects used for the needs of the National Armed Forces
than the distance specified in the laws and regulations in the
field of unmanned aircraft without an agreement thereupon with
the National Armed Forces, a warning or a fine from ten to one
hundred and forty units of fine shall be imposed on natural
persons, but a fine from thirty to four hundred units of fine -
on legal persons.
For conducting operations with an unmanned aircraft closer to
the place of occurrence of a public event, meeting, procession,
or picket than the distance specified in the laws and regulations
in the field of unmanned aircraft without an agreement thereupon
with the person who is responsible for organising the event, a
warning or a fine from forty to one hundred and forty units of
fine shall be imposed on natural persons, but a fine from one
hundred to four hundred units of fine - on legal persons.
For the issuance of an authorisation for the conduct of
operations with an unmanned aircraft closer to the place of
occurrence of a public event, meeting, procession, or picket than
the distance specified in the laws and regulations in the field
of unmanned aircraft without coordination with the local
government or without informing the public of flights of unmanned
aircraft, a warning or a fine from forty to one hundred and forty
units of fine shall be imposed on natural persons, but a fine
from one hundred to four hundred units of fine - on legal
persons.
For organising activities of a model aircraft club or
association without an authorisation, a warning or a fine from
thirty to one hundred and forty units of fine shall be imposed on
natural persons, but a fine from one hundred to four hundred
units of fine - on legal persons.
For the performance of a flight with an air balloon in a line,
a kite, an unmanned rocket, or a rocket model without an
authorisation, a warning or a fine from thirty to one hundred and
forty units of fine shall be imposed on natural persons, but a
fine from one hundred to four hundred units of fine - on legal
persons.
For conducting operations with an unmanned aircraft in an
element of the airspace structure without an authorisation or
agreement or in the vicinity of certified aerodromes without
maintaining the distance of the flight to the aerodrome or the
permissible flight altitude, and also in the airspace of the
Republic of Latvia without maintaining the permissible flight
altitude, a warning or a fine from thirty to two hundred units of
fine shall be imposed on natural persons, but a fine from one
hundred to five hundred units of fine - on legal persons.
[23 November 2020]
Section 125. Competence in the
Administrative Offence Proceedings
Administrative offence proceedings regarding the offences
referred to in Section 118, Paragraphs one, two, three, and five
of this Law (except for the offences referred to in Paragraph
five which have been committed on military aerodromes, military
aviation areas, or in the vicinity of such objects), for the
offences referred to in Section 119, Section 120, Paragraphs
three and four, Section 121, Section 122, Paragraph two, Sections
123 and 124 of this Law shall be conducted by the Civil Aviation
Agency.
Administrative offence proceedings for the offences referred
to in Section 118, Paragraphs four and five (for committing
offences in military aerodromes, military aviation areas or in
the vicinity of such objects), Section 124.1,
Paragraphs one, three, four, five, six, and nine of this Law (for
committing offences in military objects used by the National
Armed Forces for the performance of the tasks specified in the
National Armed Forces Law and in the airspace structure elements
created for the needs of the National Armed Forces) shall be
conducted by the Military Police.
Administrative offence proceedings for the offences referred
to in Section 122, Paragraph one, Section 124.1,
Paragraphs one, two, three, four, five, six, seven, eight (except
for the safety of the State border), ten, and eleven of this Law
shall be conducted by the State Police, and also the municipal
police (except for the offences referred to in Section 122,
Paragraph one).
Administrative offence proceedings for the offences referred
to in Section 119, Paragraphs five and nine, Section 120,
Paragraph five, Section 124.1, Paragraphs one, two,
three, four, five, six, and eight of this Law (safety of the
State border) (for committing offences in infrastructure objects
used for the needs of the State Border Guard and in airspace
structure elements created for the needs of the State Border
Guard) shall be conducted by the State Border Guard.
Administrative offence proceedings regarding the offences
referred to in Section 120, Paragraphs one and two of this Law
shall be conducted by the Consumer Rights Protection Centre.
Until examination of the administrative offence case,
administrative offence proceedings for the offences referred to
in Section 124.1, Paragraphs twelve, thirteen, and
fourteen of this Law shall be conducted by the State Police, the
municipal police, or the Civil Aviation Agency. The
administrative offence case shall be examined by the Civil
Aviation Agency.
Until examination of the administrative offence case,
administrative offence proceedings for the offences referred to
in Section 124.1, Paragraph nine of this Law (for
committing offences in military objects where the presence of the
Military Police is not ensured) shall be conducted by the State
Police or the municipal police. The administrative offence case
shall be examined by the Military Police.
[20 June 2019; 23 November 2020]
Section 126. Procedures for
Implementing the Decision to Revoke the Rights to Perform the
Duties of a Civil Aviation Personnel
The decision to revoke the rights to perform the duties of a
civil aviation personnel shall be enforced by making the relevant
entry in the Register of Civil Aviation Personnel and cancelling
a licence of the civil aviation personnel.
If the licence of the civil aviation personnel is cancelled,
however, is not withdrawn, a member of the civil aviation
personnel has a duty to hand over the invalid licence of the
civil aviation personnel to the Civil Aviation Agency within 10
days after the day of notification of the decision.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 40 of Transitional Provisions]
Transitional
Provisions
1. With the coming into force of this Law, the law On Aviation
of 23 February 1993 (Latvijas Republikas Augstākās Padomes un
Valdības Ziņotājs, No. 12/13, 1993; Latvijas Republikas
Saeimas un Ministru Kabineta Ziņotājs, No. 10, 1994) and
Cabinet Regulation No. 78, On Amendments and Additions to the Law
On Aviation, (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, No 10, 1994) shall be repealed.
2. [22 June 2005]
3. Section 73, Paragraphs three and four and Section 76,
Paragraph three shall come into force on 1 May 2004.
[4 March 2004]
4. Until the day of the coming into force of new Cabinet
regulations, but not later than by 30 November 2005, Cabinet
Regulation No. 882 of 19 October 2004, Procedures by which
International Public Law Subjects are Granted Permission to Use
Latvian Air Space for Flights of Foreign Aircraft intended for
Military Needs, shall be applied.
[22 June 2005]
5. Until the day of the coming into force of the provisions of
Section 57, Paragraph one of this Law, but not later than by 30
November 2005, Cabinet Regulation No. 210 of 29 March 2005,
Regulations regarding the Complex of Necessary Measures to
Guarantee Civil Aviation Security, shall be in force insofar as
it is not in contradiction with this Law.
[22 June 2005]
6. Until the day of coming into force of the regulations
referred to in Section 49, Paragraph two of this Law, but not
longer than until 1 February 2006, Cabinet Regulation No. 195 of
11 July 1995, Regulations Regarding the Conditions and Procedures
by which the Services of the National Armed Forces May Request a
Forced Landing of a Civil Aviation Aircraft, shall be in force
insofar as they are not in contradiction with this Law.
[15 December 2005]
7. [6 October 2014]
8. The Cabinet shall, by 1 June 2008, issue the regulations
referred to in Section 41, Paragraphs three, four, and six of
this Law.
[13 March 2008]
9. The Cabinet shall, by 1 December 2006, issue the
regulations referred to in Section 117 of this Law.
[26 October 2006]
10. Amendment in relation to the replacement of the phrase
"Aviation Accident and Incident Investigation Bureau" in the
whole of the Law with the phrase "Transport Accident and Incident
Investigation Bureau" shall come into force on 1 July 2007.
[29 March 2007]
11. The Cabinet shall, by 1 February 2008, issue the
regulations referred to in Section 54, Paragraph three of this
Law.
[7 June 2007]
12. The Cabinet shall, by 30 November 2007, issue the
regulations referred to in Section 40, Paragraph two of this
Law.
[7 June 2007]
13. Until the day of the coming into force of the regulations
referred to in Section 40, Paragraph two of this Law, but not
longer than up to 30 November 2007, Cabinet Regulation No. 273 of
24 April 2007, Aircraft Acrobatic Flights Regulations shall be
applied insofar as it is not in contradiction with this Law.
[7 June 2007]
14. The Cabinet shall, by 1 June 2008, issue the regulations
referred to in Section 97, Paragraph one of this Law.
[13 March 2008]
15. The Cabinet shall, by 30 December 2008, issue the
regulations referred to in Section 23.1, Paragraphs
one and two of this Law.
[13 March 2008; 12 February 2009]
16. [9 June 2016]
17. The Cabinet shall, by 20 February 2012, issue the
regulations referred to in Section 23.1, Paragraph
four of this Law.
[9 June 2011]
18. The Cabinet shall, by 31 December 2010, issue the
regulations referred to in Section 28, Paragraph one of this Law.
Until the day of coming into force thereof the Cabinet Regulation
No. 991 of 5 December 2006, Procedures by which the Charge for
Air Navigation Services and the Services of the State Joint-stock
Company "Riga International Airport" shall be determined and the
Procedures for the Allocation thereof, shall be applied, insofar
as it is not in contradiction with this Law.
[16 July 2009]
19. The Cabinet shall, by 31 December 2010, issue the
regulations referred to in Section 39, Paragraph two of this Law.
Until the day of coming into force thereof the Cabinet Regulation
No. 213 of 21 March 2006, Regulations Regarding the Structure of
the Airspace of the Republic of Latvia and the Procedures for
Change Thereof, shall be applied, insofar as it is not in
contradiction with this Law.
[16 July 2009]
20. The Cabinet shall, by 31 December 2009, issue the
regulations referred to in Section 57, Paragraph one of this Law.
Until the day of coming into force thereof the Cabinet Regulation
No. 76 of 24 January 2006, Procedures for the Performance of
Measures Necessary to Ensure the Security of Civil Aviation,
shall be applied, insofar as it is not in contradiction with this
Law.
[16 July 2009]
21. The Cabinet shall, by 30 March 2010, issue the regulations
referred to in Section 57, Paragraphs four and five of this
Law.
[16 July 2009]
22. The Cabinet shall, by 30 November 2010, issue the
regulations referred to in Section 78, Paragraph four of this
Law.
[30 September 2010]
23. The Cabinet shall, by 30 November 2010, issue the
regulations referred to in Section 82, Paragraph two of this Law.
Until the day of coming into force thereof, but not later than
until 30 November 2010, the Cabinet Regulation No. 158 of 21
February 2006, Procedures for Licensing of Aerial Work, shall be
applied, insofar as it is not in contradiction with this Law.
[30 September 2010]
24. The Cabinet shall, by 30 March 2011, issue the regulations
referred to in Section 70, Paragraph one of this Law. Until the
day of coming into force thereof, but not later than until 30
March 2011, the Cabinet Regulation No. 660 of 25 November 2003,
Regulations Regarding the Investigation of Civil Aviation
Accidents and Incidents, shall be applied, insofar as it is not
in contradiction with this Law.
[30 September 2010]
25. The Cabinet shall, by 30 December 2011, issue the
regulations referred to in Section 27.2, Paragraph
three of this Law.
[9 June 2011]
26. The Cabinet shall, by 30 June 2012, issue the regulations
referred to in Section 28, Paragraphs one, two, and three of this
Law. Until the day of coming into force thereof, but not later
than until 30 June 2012, the Cabinet Regulation No. 1661 of 28
December 2009, Procedures for the Distribution of Charges for Air
Navigation Services, and the Cabinet Regulation No. 1662 of 28
December 2009, Procedures for the Specification of Charges for
Air Navigation Services and for Services Provided by Civil
Aviation Aerodromes of State Significance, shall be applied
insofar as they are not in contradiction with this Law.
[9 June 2011]
27. The Cabinet shall, by 20 June 2011, issue the regulations
referred to in Section 28, Paragraph six of this Law.
[9 June 2011]
28. [27 March 2014]
29. The Cabinet shall, by 1 July 2013, issue the regulations
referred to in Section 6.1, Paragraph three, Section
6.2, Paragraph two, Section 57.1, Paragraph
five, and Section 74, Paragraph four of this Law.
[21 March 2013]
30. The Cabinet shall, by 1 July 2013, issue the regulations
referred to in Section 82, Paragraph four of this Law.
[21 March 2013]
31. The regulation laid down in Section 113.2,
Paragraphs two, three, and four and Section 113.3,
Paragraphs two, three, and four of this Law shall not be
applicable to the construction of such buildings and structures
for which a construction permit has been issued by 31 March 2015.
The Cabinet shall, by 28 February 2015, issue the regulations
referred to in Section 113.2, Paragraphs two, three,
and four and Section 113.3, Paragraphs two, three, and
four of this Law.
[2 October 2014]
32. The Cabinet shall, by 30 March 2015, issue the regulations
referred to in Section 66, Paragraphs one and two of this
Law.
[2 October 2014]
33. [23 November 2017]
34. The Cabinet shall, by 25 November 2023, issue the
regulations referred to in Section 4.1, Paragraph
three of this Law governing the procedures for granting the State
support, the amount of the State support, restrictions for
granting the State support, the requirements for a person in
order for him or her to receive the State support for the
commencement or provision of new air transport, and also the
requirements for ensuring transparency of granting the
support.
[9 June 2016; 23 November 2017; 7 November 2019; 13 October
2022]
35. The Cabinet shall, by 30 April 2017, issue the regulations
referred to in Section 57, Paragraph five of this Law which lay
down the procedures for the certification of personnel which
implement the measures laid down in the National Civil Aviation
Security Programme. Until the day of coming into force of the
relevant regulations, but not later than until 30 April 2017,
Cabinet Regulation No. 463 of 18 May 2010, Regulations Regarding
the Certification of Persons Involved in Security Checks of
Passengers, Luggage and Cargo and Certification of the Persons
Involved in Preparation and Raising of Qualification of Such
Persons, shall be applicable, insofar as it is not in
contradiction with this Law.
[9 June 2016]
36. The Cabinet shall, by 1 March 2019, issue the regulations
referred to in Section 29.1 of this Law.
[23 November 2017; 11 October 2018]
37. The Cabinet shall, by 31 May 2018, issue the regulations
referred to in Section 82, Paragraph two of this Law. Until the
day of coming into force of new Cabinet regulations, Cabinet
Regulation No. 1447 of 10 December 2013, Regulations Regarding
the State Fee for the Issue of Licence for Carriage by Air or
Licence for Special Aerial Work, shall be applicable, insofar as
it is not in contradiction with this Law.
[23 November 2017]
38. The Cabinet shall, by 31 May 2018, issue the regulations
referred to in Section 91, Paragraphs two and three of this Law.
Until the day of coming into force of new Cabinet regulations,
Cabinet Regulation No. 557 of 4 July 2006, Procedures for the
Performance of Special Aerial Work, shall be applicable, insofar
as it is not in contradiction with this Law.
[23 November 2017]
39. The administrative acts of the Civil Aviation Agency which
have been contested at the Ministry of Transport by 31 December
2018 shall be examined by the Ministry of Transport as the
highest authority in accordance with the procedures laid down in
the Administrative Procedure Law.
[11 October 2018]
40. Amendments to this Law regarding the new wording of
Section 6, Paragraph two, Clause 4, Paragraph seven, Clause 2,
and Section 6.2, Paragraph one, Clause 3, and amendments to the
title of Section 41 and Paragraph two regarding the replacement
of the word "būvniecība" (in the respective case) with the word
"būvēšana" (in the respective case), and amendments to the title
of Sections 113.2 and 113.3 regarding
substitution of the word "būvniecība" (in the respective case)
with the word "būvēšana" (in the respective case), and also
Chapter twelve shall come into force concurrently with the Law on
Administrative Liability. [The abovementioned amendments refer
solely to the wording in the Latvian language and have no impact
on the translation into English as both "būvniecība" and
"būvēšana" are translated into English as "construction".]
[20 June 2019]
41. Section 13, Paragraph one, Clause 6 and Paragraph four of
this Law shall come into force concurrently with amendments to
the law On the Convention on International Interests in Mobile
Equipment and the Protocol on Matters Specific to Aircraft
Equipment to the Convention on International Interests in Mobile
Equipment under which the abovementioned Law is supplemented with
Sections 4.1, 4.2, 4.3, and
6.
[3 December 2020]
42. Section 22.1 of this Law shall come into force
concurrently with the day of coming into force of the relevant
amendments to the Insolvency Law (reference to this Law in
relation to actions with an aircraft object).
[3 December 2020]
43. Section 9.2 of this Law shall be applied from
the day when the declaration of Latvia has come into force in
accordance with Articles 39 and 40 of the Convention on
international interests in mobile equipment and Article XIII of
its Protocol on matters specific to aircraft equipment. The
Ministry of Foreign Affairs shall publish the notification on the
date of coming into force of the declaration in the official
gazette Latvijas Vēstnesis.
[3 December 2020]
44. The new wording of Section 57.1 of this Law
shall come into force on 31 December 2020.
[3 December 2020]
45. Amendment regarding the deletion of Section 47 of this Law
shall come into force on 1 July 2021.
[23 November 2020]
46. Amendment regarding the deletion of Section
47.2 of this Law shall come into force on 1 January
2023.
[23 November 2020]
47. The Cabinet shall, by 30 June 2021, issue the regulations
referred to in Section 117.2, Paragraphs three, four,
five, and six, Section 117.3, Paragraph three, Section
117.4, Section 117.5, Paragraph three,
Section 117.6, Paragraphs two and three, Section
117.7, Section 117.10, Paragraphs three and
four, and Section 117.13 of this Law. Until the day of
coming into force of the relevant regulations, but not later than
until 30 June 2021, the Cabinet Regulation No. 368 of 13 August
2019, Procedures for the Performance of Flights of Unmanned
Aircraft and Aeroplanes of Another Type, shall be applicable
insofar as it is not in contradiction to this Law and the legal
acts of the European Union in the field of unmanned aircraft.
[23 November 2020]
48. Land lease contracts concluded before the day of coming
into force of Section 23.1, Paragraph five, Clause 1
of this Law for the lease of land required for the use and
maintenance of a structure constructed within the borders of the
territory of a civil aviation aerodrome of national significance
(also the territory necessary for further development) on land
owned by the owner of the civil aviation aerodrome of national
significance that is an independent property object in accordance
with Section 14, Paragraph one, Clause 1, 2, 3, or 4 of the law
On the Time Period of Coming into Force and the Procedures for
the Application of the Introduction, Parts on Inheritance Rights
and Property Rights of the Renewed Civil Law of 1937 of the
Republic of Latvia shall be valid insofar as their provisions are
not in conflict with this Law and the lease payment laid down in
the existing land lease contract shall continue to apply until
the lease payment is reviewed. The lease payment referred to in
the land lease contracts concluded before the day of coming into
force of Section 23.1, Paragraph five, Clause 1 of
this Law shall be reviewed and, if necessary, changed not later
than within six years after the date of entry into force of this
provision, unless the contract provides for an earlier review of
the lease payment or the parties to the contract agree to an
earlier review of the payment.
[13 October 2022]
Informative
Reference to the European Union Directives
[11 May 2006; 13 March 2008; 21
March 2013; 23 November 2017]
The Law contains norms arising from:
1) [23 November 2017];
2) Council Directive 2004/82/EC of 29 April 2004 on the
obligation of carriers to communicate passenger data;
3) [23 November 2017];
4) Directive 2006/93/EC of the European Parliament and of the
Council of 12 December 2006 on the regulation of the operation of
aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to
the Convention on International Civil Aviation, second edition
(1988) (codified version) (Text with EEA relevance).
The Law has been adopted by the Saeima on 5 October
1994.
President G. Ulmanis
Adopted 20 October 1994
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)