GEN 1.6  SUMMARIES OF NATIONAL REGULATIONS AND INTERNATIONAL AGREEMENT / CONVENTIONS

1.  Summary of national regulations

1.1 The following is a list of civil aviation legislation in force in the Kingdom of Thailand.
1.2 Copies may be obtained from the Office of the Secretary, The Civil Aviation Authority of Thailand (website: www.caat.or.th), except those of Customs and Immigration that may be obtained from the Departments concerned as well as the WHO publications from the Ministry of Public Health, Soi Bamrasnaraduom, Tiwanond Road, Nonthaburi 11000.

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Civil Aviation Authority of Thailand Emergency Decree B.E. 2558 (2015).

There shall be the Civil Aviation Authority of Thailand, abbreviated as “CAAT”, which is a State agency but not a government agency nor a State enterprise under the law on budget procedures or other laws, and has the status of a juristic person.

Air Navigation Act B.E. 2497 (1954) as amended by Air Navigation Act (No. 14) B.E. 2562 (2019).

Scope of the Act: This Act provides provisions for regulating civil aviation to implement the obligations of a Contracting State under the Convention on International Civil Aviation done at Chicago on 7th day of December 1944, consisting of the following subjects:

- Powers of the Minister of Transport and of the Director of the Civil Aviation Authority of Thailand and the Director under the Act;

- Powers and duties of the Civil Aviation Board;

- Civil Aviation Regulatory;

- Air Navigation Service Regulatory;

- Dangerous good and Prohibited item Regulatory;

- General provisions on aircraft;

- Registration and markings of aircraft;

- Aircraft types, production of aircraft and airworthiness control;

- Air Operator Certification;

- Aviation Economic Regulatory;

- Personnel (Personnel Licensing);

- Security;

- Facilitation;

- Aerodromes and air navigation facilities;

- Passenger Service Charges;

- Ramp and aircraft technical services;

- Ramp services and aircraft technical services;

- Accident (aircraft accident investigation);

- Search and Rescue;

- Powers to inspect, seize and delay of aircraft;

- Penalty provisions;.

Declaration of the Revolutionary Council No. 58 given on the 26th January B.E. 2515 (1972).

Scope of Announcement of the Revolutionary Party; No person shall operate air navigation unless permission or concession has been obtained from the Minister of Transport.

International Air Carriage Act B.E. 2558 (2015).Act on Cert

This Act applies to all international carriage by air for reward. Also, the Act applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

Act on Certain Offences Against Air Navigation B.E. 2558 (2015).

Scope of the Act: This Act applies to offences and certain other acts committed on board an aircraft in flight, aircraft in service or in the airport serving for public. The Act consists of provisions concerning the following subjects:

- Offences against air navigation and aircraft;

- Powers and duties of aircraft commander; competent authority and in-flight security officer;

- Jurisdiction;.

Act on Treatments Against Aircrafts Committing Wrongful Acts B.E. 2553 (2010).

In the present, aircraft are being used in a manner that illegally threat the stability of the public safety or national security. Therefore, it needs to coordinate with officers (air force officer or other military officers having powers and duties set forth in Air Defence Plan) who specialize in treating such aircraft. The Act consist of provisions concerning the following subjects:

- Inspection and identification of aircraft committing wrongful acts;

- Detection and seizure of aircraft, and arrest, control and preliminary investigation;

- Costs arising out of the interception or operations;

- Penalties.

The Customs Act, B.E. 2496 (1953).

The management and conduct of the work of the Customs Department should be regulated, for the purpose of importation and/or exportation of goods and customs control. This Act provides provision on custom proceedings and formalities, as well as practices. It also includes provisions on the following subject matters:

- Importation and exportation of goods;

- Management and designation of ports;

- Payment of tax;

- Warehousing;

- Examination of goods and prevention of smuggling;

- Duty free zone.

Arms Control Act, B.E. 2530 (1987).

The Act prohibits any person from ordering, importing, producing or processing arms without license granted by the Permanent Secretary for Defence.

Firearms, Ammunition, Explosives, Fireworks, and Equivalent of Firearms Act B.E.2490 (1974).

The Act prohibits any person from making, buying, owning, using, ordering or importing of firearms or ammunition, except granting a license from the local registrar. It also prohibits any person from making, assembling, repairing, changing, ordering, importing, having or selling of firearms or ammunition for trade except being granted a license by the local registrar.

Ministerial Regulation on Criteria and Conditions toApply for Air Operator License B.E. 2559 (2016).

The Ministerial Regulation provides Criteria for considering the qualifications of the applicant in order to issue an Air Operation License. Also, oversight and monitoring measures and mechanisms are strengthened.

2.  Summary of International Agreements/Conventions

Legislation

Effective Date

Convention on International Civil Aviation Chicago, 7/12/44

4/5/1947

International Air Services Transit Agreement Chicago, 7/12/44

6/3/1947

Protocol on the Authentic Quinquelingual Text of the Convention on International Civil Aviation Montreal, 29/9/95

-

Article 93 bis Montreal

20/3/1961

Article 45 Montreal

18/1/1960

Articles 48(a), 49(e) and 61 Montreal

12/12/1956

Article 50(a) Montreal

17/7/1962

Article 48(a) Rome

11/9/1975

Article 50(a) New York

16/1/1973

Article 56 Vienna

19/12/1974

Article 50(a) Montreal

6/3/1981

Protocol of Amendment (Final paragraph, Russian Text) Montreal

17/8/1999

Article 3 bis Montreal

1/10/1998

Article 56 Montreal

18/4/1905

Article 50(a) Montreal

28/11/1902

Protocol of Amendment (Final paragraph, Arabic Text) Montreal, 29/9/95

-

Protocol of Amendment (Final paragraph, Chinese Text) Montreal, 1/10/98

-

Article 50(a) Montreal, 6/10/16

-

Article 56 Montreal, 6/10/16

-

Convention on the International Recognition of Rights in Aircraft Geneva, 19/6/48

8/1/1968

Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface Rome, 7/10/52

-

Convention for the Unification of Certain Rules for International Carriage by Air, Montreal, 28/5/99

2/10/1917

Convention on Offences and Certain Other Acts Committed on Board Aircraft, Tokyo, 14/9/63

4/6/1972

Convention for the Suppression of Unlawful Seizure of Aircraft, The Hague, 16/12/70

15/6/1978

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Montreal, 23/9/71

15/6/1978

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23/9/71, Montreal, 24/2/88

13/6/1996

Convention on the Marking of Plastic Explosives for the Purpose of Detection, Montreal, 1/3/91

26/3/1906

International COSPAS-SARSAT Programme Agreement Paris, 1/7/88

19/11/1999

Convention on the Privileges and Immunities of the Specialized Agencies, 21/11/47 – application to ICAO (Annex III)

30/3/1956

3.  Miscellaneous Information

3.1 Subject to the observance of the applicable rules, conditions, and limitations set forth in this document and in legislation described in item 1, foreign civil aircraft registered in any foreign country which at the time is a Contracting States of the International Civil Aviation Organization may be navigated in the Kingdom of Thailand.
3.2 Aircraft registered under the laws of foreign countries, not being Contracting States of the International Civil Aviation Organization, which grant reciprocal treatment to Thai aircraft andad airmen, may be navigated in the Kingdom of Thailand subjected to the observance of the same rules, conditions and limitations applicable in the case of aircraft of the International Civil Aviation Organization Contracting States.