ORDER OF THE HEAD OF THE NATIONAL COUNCIL FOR PEACE AND ORDER
NO. 40/2560
RE: SUPPORTING MEASURES
FOR THE EXECUTION OF AIR NAVIGATION TO BE IN ACCORDANCE WITH THE STANDARD OF
THE INTERNATIONAL CIVIL AVIATION ORGANIZATION[1]
The
Civil Aviation Authority of Thailand has submitted the request for progress
assessment in relation to significant safety concern (SSC) and recertification
of air operator certificate (RE-AOC) to the International Civil Aviation
Organization (ICAO) and it has notified an important condition that it shall
not grant a permission to any air operator which has not passed the assessment
not reissue a certificate for air operator which operates international air
service from the 1st of September B.E. 2560 (2017) whereby the
International Civil Aviation Organization notified the Civil Aviation Authority
of Thailand that the ICAO Coordinated Validation Mission (ICVM) will conduct a
progress assessment between the 20th of September B.E. 2560 (2017)
and the 27th of September B.E. 2560 (2017). At present, it appears
that there are a group of air operators that has not passed the assessment or
obtained recertification of air operator certificate (RE-AOC), it is,
therefore, necessary to provide powers to the Civil Aviation Authority of
Thailand in prescribing that air operators that have not passed the assessment
or obtained recertification of air operator certificate (RE-AOC) shall be
prohibited from operating international air service for a period of time until the
proceeding is complete. This is to ensure the compliance with the significant
condition that the Civil Aviation Authority of Thailand has notified the
International Civil Aviation Organization in conducting an assessment. The
result of such assessment will significantly affect the traffic right and air
service operation of Thailand which would negatively affect the credibility and
economic security in air aviation of the country.
By virtue of
section 265 of the Constitution of the Kingdom of Thailand in conjunction with
section 44 of the Constitution of the Kingdom of Thailand (Interim) B.E. 2557,
the Head of the National Council for Peace and Order, with the approval of the
National Council for Peace and Order, hereby issues the Order as follows:
Clause
1. To ensure that the supervision and control of air aviation during the
period of assessment for recertification of air operator certificate (RE-AOC) is
in accordance with the significant condition notified by the Civil Aviation
Authority of Thailand to the International Civil Aviation Organization, the
Civil Aviation Authority of Thailand shall have the power to prescribe that air
operators that have not passed the assessment or obtained recertification of
air operator certificate (RE-AOC) shall be prohibited from operating
international air service between the 1st of September B.E. 2560
(2017) and the 31st of January B.E. 2561 (2018).
Any
violation or failure to comply with the prohibition under paragraph one shall
be a violation or failure to comply with section 27 of the Air Navigation Act
B.E. 2497 and the penalty provision under section 76(2) of the Air Navigation
Act B.E. 2497 amended by the Air Navigation Act (No. 11) B.E. 2551 shall apply
to such violation or non-compliance.
Clause
2. The Civil Aviation Authority of Thailand shall undertake an assessment
and recertify air operator certificate promptly and shall ensure that they are
in accordance with the standard prescribed by the International Civil Aviation
Organization.
Clause
3. In the case where it deems appropriate, the Prime Minister or the
Council of Ministers may propose to the National Council for Peace and Order to
amend this Order.
Clause
4. This Order shall come into force as from the date of its publication in
the Government Gazette.
Given
on the 13th B.E. 2560 (2017)
General
Prayut Chan-O-Cha
Head of the National Council for Peace and Order
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