On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 19/12/2011.
PART II
LICENCES FOR SCHEDULED JOURNEYS
OTHER THAN UNDER AIR SERVICES AGREEMENT
OTHER THAN UNDER AIR SERVICES AGREEMENT
3. In this Part —
“licence” means a licence granted under this Part;
“licensee” means a person who holds a licence.
4. This Part shall apply only to the provision of air services on any scheduled journey —
(a)
where at least one place on that scheduled journey is in Singapore; and
(b)
which is not under or in accordance with an air services agreement.
5.
—(1) An application for the grant of a licence to provide any air services that are not the subject of any available air traffic rights within the meaning of Part IA shall be made to the Minister.
(2) The Minister may grant a licence on such terms and conditions as he may determine, or refuse to grant the licence.
(3) A licensee and any person having a financial interest in the business of the licensee shall refrain from stipulating that any other person shall —
(a)
refuse to permit any person to act as agent for another licensee in respect of any business of providing an air service; or
(b)
grant such facilities to such other licensee only on onerous terms.
(4) A licensee shall perform such reasonable services as any public postal licensee may from time to time require for the conveyance of mails and of any person who may be in charge thereof upon journeys made under the licence.
(5) The remuneration for any services performed under paragraph (4) shall be such amount as may be from time to time determined by agreement between the public postal licensee and the licensee.
(6) In default of such an agreement being reached, the remuneration shall be determined by 2 arbitrators, one to be appointed by the public postal licensee and the other by the licensee and the provisions of the Arbitration Act (Cap. 10) shall apply to such arbitration as if the same were pursuant to an arbitration agreement within the meaning of that Act.
7.
—(1) In the consideration of an application for a licence, the Minister shall have regard to the co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical over-lapping, and generally to the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing such facilities.
(2) In particular, the Minister shall have regard to the following matters:
(a)
the existence of other air services in the area in respect of which the licence is applied for;
(b)
the demand for air transport in that area;
(c)
the degree of efficiency and regularity of any air service provided for in that area whether by the applicant or by any other persons;
(d)
the period for which such air services have been provided by the applicant or other persons;
(e)
whether the applicant is likely to provide a satisfactory air service in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency;
(f)
the financial resources of the applicant;
(g)
the type of aircraft proposed to be used; and
(h)
the remuneration and general conditions of employment of the aircrew and other personnel employed by the applicant.
8.
—(1) A licence shall be in such form as the Minister may determine and shall be in force for such period of time and subject to such conditions as the Minister may in each case determine.
[S 128/2010 wef 01/03/2010]
(2) If a licensee makes an application for the renewal of a licence on or before the date of expiry of the licence, the Minister may extend the period of validity of the licence to the date when the application is approved or rejected.
9.
—(1) The Minister may if he thinks fit, pending the determination of an application for a licence, grant to the applicant a provisional licence which shall remain in force until the application is approved or rejected.
(2) Regulation 5(2) to (6) shall apply, with the necessary modifications to a provisional licence.
(3) A provisional licence shall be in such form as the Minister may determine.
[S 128/2010 wef 01/03/2010]
10.
—(1) Subject to paragraphs (2), (3) and (4), the Minister may revoke or suspend a licence if —
(a)
the licensee is convicted of an offence under the Act or these Regulations or any other written law relating to air navigation or air transport;
(b)
the licensee being a body corporate, any of its officers is convicted of such an offence;
(c)
the licensee has failed to comply with or contravened any of the provisions of these Regulations or any condition of his licence; or
(d)
the licensee has, in his application for the licence, furnished information which is false or misleading.
(2) Before revoking or suspending a licence under paragraph (1), the Minister shall by notice in writing inform the licensee of the grounds upon which it is proposed to revoke or suspend the licence.
(3) The Minister shall not revoke or suspend a licence unless he is satisfied, after having caused an inquiry to be held if the licensee (by notice in writing) requires him to do so, that the licence should be revoked or cancelled.
(4) The Minister shall inform the licensee of the date, time and place of such inquiry and shall give him an opportunity of being heard.
(5) The Minister may —
(a)
appoint such person or persons as he thinks fit to hold an inquiry under this regulation; and
(b)
give to such person or persons directions not inconsistent with these Regulations as to the manner in which the inquiry shall be held and the matters into which such inquiry shall be made.
(6) Such person or persons shall submit a report on the findings of the inquiry and his or their recommendations to the Minister.
(7) Notwithstanding paragraphs (2) and (3), if the Minister is of the opinion that immediate suspension of a licence is necessary in the public interest, he may suspend the licence with immediate effect.
(8) For the purposes of paragraph (1)(b), “officer” means a director, general manager or other officer and includes any person who is authorised to act as such.
11.
—(1) A licensee may at any time surrender his licence to the Minister for cancellation.
(2) If a licensee applies to the Minister for a new licence in substitution for the current licence, he shall, if a new licence is granted to him, surrender the current licence for cancellation on the date from which the new licence takes effect.
12.
—(1) The Chief Executive may by written notice require a licensee to furnish, within such reasonable period and in such form and manner as may be specified in the notice, such information relating to the air services provided by the licensee under the licence as may be specified in the notice.
(2) Without prejudice to the generality of paragraph (1), the information which the Chief Executive may require a licensee to furnish under this regulation includes the following:
(a)
the frequency of the licensee’s operation of air services under the licence;
(b)
the routes operated by the licensee;
(c)
the number of passengers carried on each flight;
(d)
the volume and type of mail and cargo carried on each flight;
(e)
the total number of passengers carried under the licence;
(f)
the total volume of mail and cargo carried under the licence.