Opinion
Laws and regulations pertaining to civil aviation in SL, CAASL
This has reference to the article from the Aircraft Owners and Operators Sri Lanka, titled ‘Closer look at regulatory oversight and its impact on Tourism’, published on Tuesday, 24th December 2024.To explain further, in the beginning there was the Air Navigation Act No 15 of 1950 which was followed by the Air Navigation Regulations (ANR) of 1955. This was long before the national airline had acquired pressurised aircraft, intercontinental jets, sophisticated navigation equipment, satellite communication and automatic landing systems, and ‘glass’ flight-deck instrumentation.
Today, civil aviation in Sri Lanka is governed by Civil Aviation Act Number 14 of 2010. Yet the Air Navigation Regulations (ANR) promulgated back in 1955 remain in force.
These outdated regulations still stipulate rules forbidding the carriage of passengers on the airplane’s wings or undercarriage (landing gear). In short, they are neither practical nor user-friendly. In contrast, the Air Navigation Regulations of other countries have progressed and are easy to read, understand, and implement.
To overcome the problem of outdated regulations, as an interim measure in 1969 the then Minister of Communications and Transport, Mr E.L.B. Hurulle issued a Government Gazette notification declaring that the Standard and Recommended Procedures (SARPs) in Annexes to the ICAO Convention signed by Ceylon in 1944 shall be made law.
Even so, nothing much was done to move with the times until updating of the Civil Aviation Act 14 of 2010, while the Air Navigation Regulations remained unchanged since 1955. However, these regulations were modified from time to time by the promulgation of Implementing Standards (IS) and General Directives (GDs) which were blindly ‘cut and pasted’ by the Civil Aviation Authority of Sri Lanka (CAASL), from the ICAO (International Civil Aviation Organisation) Annexe ‘SARPS’ without much thought given. To date there are literally 99 IS’s starting from 2010.
The currently effective air navigation regulations are not in one document like the rest of the world, but all over the place and difficult for the flying public to follow as they are not regularly updated. This sad situation seems to have been noticed by the current regime.
The National Tourism Policy of the ruling NPP states, “Domestic air operations are currently limited due to high cost and regulatory restrictions. The current regulatory and operational environment will be reviewed to ensure domestic air connectivity to major tourist destinations. The potential of operating a domestic air schedule with multiple operators is proposed. Additionally, domestic airports and water aerodromes in potential key areas will be further developed, for high-end tourism growth.”
“The tourism policy recognises Sri Lanka’s potential to develop Sri Lanka’s aviation-based specialised tourism products, including fun flying, hot air ballooning, paragliding, parachuting and skydiving, and scenic seaplane operations. To facilitate the growth of these niche markets, existing regulations will be reviewed with the aim of attracting capable investors to develop and operate these offerings.”
It remains to be seen whether the NPP government lives up to those promises.
Note:
That OPA report talks of two funds: ‘Connectivity’ and ‘Viability’ for a limited period like three or five years to help jump-start the domestic aviation industry.
The ‘Connectivity Fund’ will cap the seat price for local passengers to a more affordable value to destinations while the ‘Viability Fund’ will assume that all seats are occupied and compensate the operator for any unutilised seat. The intention is to popularise domestic aviation as a safe, quick and convenient mode of transport.
Capt. Gihan A Fernando
RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines and Sri Lankan Airlines.
Now A Fun Flier