Section 40 Civil Aviation Act 2022

Section 40 of the Civil Aviation Act 2022 is about Regulation of air navigation service. It is under Part VII (Powers of the Authority to Control and Regulate Civil Aviation) of the Act.

(1) The Authority shall have the power to regulate the standards for the provision of air navigation service and prescribe air traffic regulations, rules or conditions governing the—
(a) flight of aircraft ;
(b) navigation, protection and identification of aircraft ;
(c) protection of persons and property on the ground ; and

(d) efficient utilisation of the navigable airspace, including rules as to safe altitude of flight and rules for the prevention of collision between aircraft, between aircraft and land or water, vehicles and objects, and between aircraft and airborne objects.

(2) Notwithstanding the provision of subsection (1) and without prejudice to the provisions of section 31 of this Act, the Authority shall have power to —
(a) institute and regulate the use of civil air ensign and other ensign established for purposes connected with air navigation in Nigeria ;
(b) regulate the activities of air navigation service providers in accordance with ICAO standards and recommended practices ;
(c) regulate and participate in aeronautical search and rescue operations ;

(d) regulate the standards for the provision of aeronautical meteorological services for the safe conduct of civil aviation operations ;
(e) regulate as to the circumstances and conditions under which it would be permissible to use aircraft for aerial advertisement and for regulating advertisements by air transport, aerodrome and air traffic control service providers ;

(f) require persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation ;

(g) regulate the making of signals and any other communication by or to aircraft and persons carried in aircraft ; and
(h) regulate the aeronautical radio frequency spectrum utilisation in Nigeria.

(3) The Authority’s power under this section shall be exercised only in that air space for which air traffic control responsibility has not been assigned to a foreign country by international agreement or other arrangement.

(4) In exercising the power granted in, and discharging the duties imposed by this Act, the Authority shall give full consideration to the requirements of national security, commercial and general aviation and to the public right of transit through the navigable airspace.