Section 95 Civil Aviation Act 2022

Section 95 of the Civil Aviation Act 2022 is about Control of air transport undertaking. It is under Part XV (Air Operator Economic Regulation) of the Act.

(1) Subject to the provisions of section 68 of this Act —
(a) no aircraft shall be used by any person in Nigeria for flying, while carrying passengers or cargo for reward, on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) or for such flying undertaking for the purpose of any trade or business, except under the authority of and in accordance with a licence, permit, or other authorisation issued to him by the Authority ; and

(b) no aircraft shall be used by any person in Nigeria for any other purpose save for military, police, customs, or immigration operations, except under the authority of and in accordance with a licence, permit, or other
authorisation issued by the Authority.

(2) The Authority may by regulations prescribe the types of licences, permits, certificates or other authorisation, which may be issued and the terms and conditions upon which they may be issued.

(3) Nothing in this section shall restrict the right of a designated air transport undertaking, having its principal place of business in any country outside Nigeria, to provide transport for passengers, mail or cargo—
(a) in accordance with the terms of any agreement for the time being in force between the Government of the Federal Republic of Nigeria and the government of that country ; or

(b) in accordance with the terms of any permission granted by the Minister pending the completion of the negotiations for such an agreement referred to in paragraph (a).

(4) An application for the grant of a licence, permit, certificate or other authorisation shall be made in writing to the Authority and contain such particulars with respect to such matters as the Authority may specify in a
notice published in the prescribed manner and where an application is made for the grant of any such licence, permit, certificate or other authorisation, the Authority shall, either grant such licence, permit, certificate or other authorisation to the applicant in the terms requested in the application, or in those terms with such modifications as the Authority thinks fit, or refuse to grant such licence, permit, certificate or other authorisation.

(5) Where the Authority is satisfied that an application made for the grant of any such licence, permit or authorisation has met and complied with the prescribed requirements, the Authority may grant such licence, permit, certificate or authorisation to the applicant with such modification as the Authority thinks fit or refuse to grant such licence, permit, certificate or authorisation if it is not in the public interest to do so.

(6) Notwithstanding the provisions of subsections (1) and (3), the Authority shall have and exercise the powers generally to—
(a) regulate, supervise and monitor the activities of Nigerian and foreign carriers, travel and other aviation agents operating in Nigeria, and to keep a register in respect of it ;

(b) require periodic statistical, financial and special returns and or reports from any air carrier, prescribe the manner and form in which such reports or returns shall be made, and require from any air carrier specific answers
to questions upon which it deems information may be necessary ;
(c) prescribe the form of financial records and data to be kept by air carriers and the length of time such records and data may be preserved ;

(d) require every Nigerian and foreign carrier to file and keep open for public inspection, tariffs showing all rates, fares and charges charged by it, in such form and manner as may be prescribed by the Authority and to
reject tariffs so filed which are unfair and or inconsistent with any provisions of this Act or regulations, rules, orders and directives, provided that the rates, fares and charges shown in any tariff shall in the first instance be
denominated in local currency, without prejudice to those being denominated in foreign currencies in the case of foreign carriers ;

(e) require an air carrier to maintain reasonable and adequate rates of compensation and other conditions of service for its employees consistent with prevailing labour practices in the industry ;

(f) require domestic air carriers to submit annually and at such other times as it may deem fit, a list showing the names of its shareholders or any person holding more than 5% of the shares in the air carrier together with
the names of any person on whose behalf such shares are held ;

(g) require every Nigerian carrier to file with the Authority, a true copy of every contract or agreement affecting air transportation or any modification or cancellation of it, between the air carrier and any other air carrier or other bodies or persons, for leases, pooling, ticket sales, service authority or apportioning earnings, losses, traffic, service or equipment or relating to establishment of transportation fares, charges or classifications, or for preserving and improving safety, maintenance, preventing or otherwise eliminating destructive, oppressive or wasteful competition or for any other co-operative working arrangement ;

(h) disapprove of such contract or agreement described in paragraph (g), whether or not previously approved, if the Authority determines that such contract is adverse to the public interest or to be in violation of the provisions of this Act, regulations, rules and orders, directives made or given by the Authority under this Act ;

(i) investigate and determine upon its own initiative or upon receipt of a complaint by any air carrier, air travel agent, consumer of air transport service or other allied aviation service, whether any air carrier, air travel agent or provider of any other allied aviation service has been or is engaged in unfair or deceptive practices or unfair methods of competition in air transportation, the sale of tickets or in the provision of other allied aviation
service and order such air carrier, air travel agent or other allied aviation service provider to desist from such practices or methods of competition and in addition, the Authority shall impose such fines or penalties as may be
prescribed by this Act or regulations made under it ;

(j) establish procedures for investigation and determination of requests or applications for special operating authorisations, such procedures may include written notice to holders of air operator certificates to make
submissions which may be heard orally in support of such applications as will not unduly delay the issuance of the special operating authorisation, taking into consideration the degree or emergency involved ;

(k) participate in and advise the Minister on technical matters including bilateral and multilateral air services agreements, and generally on activities of international and regional aviation organisations ;

(l) regulate and institute programmes for the protection of aviation and allied services consumer interests and provide redress in a timely manner to complaints of consumers ;

(m) specify the fees to be paid for the issue, validation, renewal, extension or variation of any certificate, licence, permit or other document issued under this Act or the undergoing of any examination or test required which
may be expedient for the purpose of the regulation of fees charged ;

(n) prescribe the minimum insurance cover to be maintained by air operator certificate holders, aerodrome operators, ground handling service providers, air traffic control service providers, and any other service provider,
taking into account, the respective risks involved in such operations ;

(o) fix and impose charges in respect of the grant of any licence, permit, certificate or other authorisation to any person under this Act or regulations made under it and in respect of the registration of aircraft or mortgages in
respect of it, approvals, consents and any other form of benefit conferred on any person under this Act or the regulations made under it ;

(p) conduct economic regulation of airlines, aerodromes, air navigation service providers, other aviation and allied aviation service providers ; and

(q) regulate the charges that may be made in respect of air traffic control and meteorological services and for the use of aerodromes certified under the regulations and for services provided at such aerodromes.

(7) Subject to the provisions of any other law, the Authority shall make and enforce regulations to ensure fair competition in the provision of air transport services and for the protection of aviation and allied services consumers’ interests.