Colombian Trade Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title XIII - Marine Insurance - Part II - Aeronautics - Chapter X - Aircraft Operator - From: Section 1851 to: 1870 Art

CHAPTER X

Aircraft operator

Section 1851 .- Is the operator of an aircraft's registered owner thereof in the register aircraft. The owner may transfer the quality of operator by act approved by the FAA and registered with the national aviation record.
Section 1852 .- The aviation authority shall not order the registration of a person as an operator, if it meets the technical, economic, administrative and other requirements in the laws and regulations to operate aircraft.
Section 1853 .- Means the commercial air services provided by common carriers or special aerial work.
They are public transport companies which, duly authorized, transport persons, mail or cargo are special aerial work companies, which, with equal authority, any commercial activity developing air.
Section 1854 .- The commercial air transport services may be public or non-scheduled, those are the ones who pay according to rates, routes, conditions of service and fixed schedules that are advertised to the public, the latter are not subject to the conditions referred to.
Section 1855 .- Commercial air services may be internal or international. Inmates are those who lend solely between places in the territory of the Republic are the other international.
Section 1856 .- Corresponds to the aviation authority, in accordance with regulations determined by the granting of operating permits to companies engaged in commercial air services as well as monitoring and inspection for adequate provision of such services.
Section 1857 .- To obtain the operating permit, the company must demonstrate their administrative, technical and financial, in relation to the activities to be developed and shall maintain such conditions as he holds a permit to operate.
Section 1858 .- Operating permits may not be assigned or transferred to any title.
Section 1859 .- Operating permits for air transport services will be awarded on certain air routes, meaning that they include the right to carry passengers, mail or cargo from an airport to another, or a succession of airfields. However, some scales may be granted without traffic rights. Operating permits shall also determine the types of aircraft, the capacity offered, the authorized routes and other conditions that indicate the regulations.
Section 1860 .- The aviation authority and rank regulate air services, operators and routes, and specify the conditions that must be filled for the respective operating permits, in order to ensure the provision of air transport services safe, efficient and economical at the same time ensure the stability of the operators and the airline industry in general.
Section 1861 .- The procedure for granting operating permits and for changes that they requested, will be determined by the aviation authority, which will hold public hearings to ensure the proper analysis of the need and desirability of the proposed service.
Section 1862 .- Operating permits are temporary, according to the characteristics of each service and economy of operation and may be renewed indefinitely.
May be revoked by the public interest and violation of the provisions of Articles 1426, 1779, 1803 and 1864, for violation of regulations on flight safety, and when the company loses the qualities required by Article 1857.
Bond may also be required to operators, to account for compliance with the obligations imposed by this Code and the respective operating permit.
Section 1863 .- The Government may subsidize the airline industry and indicate the terms, conditions and modalities of such grant.
Section 1864 .- Colombian Air services domestic and international will only be provided by national natural or legal persons, who have their domicile in Colombia.
The aviation authority may require that certain services rendered by persons legally organized as a society.
Section 1865 .- Colombian companies may operate international air services with foreign aircraft when this is in collaboration or integration agreements made with foreign airlines, or the formation of transnational companies in air transport. The aviation authority authorizing such special forms of operation when the public interest and the protection of national airline industry so warrant.
Section 1866 .- Are subject to prior approval from the FAA agreements between operators that involve partnerships, joint development or integration, connection, consolidation or merger of services, or in any way tend to regulate or restrict competition or air traffic.
Section 1867 .- Non-scheduled services may be provided by operators dedicated to them, or operators of scheduled services.
The aviation authority to regulate all matters concerning non-scheduled services within the criteria that they must not constitute undue competition to the regular services. In any case, the operator of scheduled services will enjoy priority in order to be authorized in non-scheduled routes within its operating permit.
Section 1868 .- The inspection of the aeronautical authority, in order to ensure the stability of the airline industry and the public interest, extends to travel agents, brokers or operators of group travel, which usually exploit the tourism industry in collaboration or in connection with air services.
Section 1869 .- The above items also apply to special air operators.
Section 1870 .- Foreign companies may conduct international air transport services in Colombian airports in accordance with conventions or international agreements to which Colombia is a party or when they are not applicable with prior permission from the aeronautical authority, must be subject, in this case the respective operating licenses to the existence of adequate reciprocity Colombian operators.