Mid-Year Brief Regulations Update [Part II]
August 20, 2015
Mid-Year Brief Regulations Update [Part II]
By mid-year of 2015, we have seen some regulatory developments in the aviation sector. The enactment of Civil Aviation Safety Regulations (“CASR”) by the Ministry of Transportation (“MoT”) featured in new regulations. MoT has also issued several new regulations focused on the exemption from obligation on safety, security, and civil aviation services, delay management, drone, and guidelines on the aircraft ownership.
This section focuses on the Exemption from Obligation on Safety, Security and Civil Aviation Services and Delay Management of Scheduled Commercial Air Transport Enterprise in Indonesia. Please refer to our Mid Year Brief Regulation Updates part I for the Enactment of CASR and Mid Year Brief Regulation Updates part III for Drone and Guidelines on the Aircraft Ownership.
1. REQUIRED CONDITIONS TO OBTAIN THE EXEMPTION.
In particular conditions, aviation service providers may be granted exemption from the obligation on safety, security, and civil aviation services which shall be given in writing from the Director General of Civil Aviation.1 The required condition to obtain the exemption, among others: (a) geographical issues, (b) facilities or equipment malfunction in accordance with the required conditions, (c) unavailability of personnel who have the competence, adequate facilities or equipment, (d) emergency, and (e) air transport activities which are not in accordance with the specifications of operation.2
Aviation service providers shall apply to Director General of Civil Aviation to obtain the exemption with the requirements by submitting the application in writing and attaching the supporting data which containing: (a) the proposed issue of laws and regulations being requested for the exemption, (b) justification, and (c) risk assessment and risk mitigation.3
1. SCOPE OF FLIGHT DELAYS.
Flight delays of scheduled commercial air transport operators consisting of flight delayed, denied boarding passenger, and cancelation of flight.4 Flight delays are classified into 6 (six) categories, namely:5
a. Category 1, delays which last from 30 minutes up to 60 minutes;
b. Category 2, delays which last from 61 minutes up to 120 minutes;
c. Category 3, delays which last from 121 minutes up to 180 minutes;
d. Category 4, delays which last from 181 minutes up to 240 minutes;
e. Category 5, delays which last more than 240 minutes; and
f. Category 6, cancelation of flight.
Factors that are led to delays are consisting of airline management factors, operational technical factor, weather factors, and other factors.6 Air transport operator shall only be responsible for delays which are caused by the airlines management factor and the airlines management shall give the compensation to passengers, according to the category of delay in the form of:7
a) Soft drink for Category 1;
b) Snack box and drink for Category 2;
c) Heavy meal and drink for Category 3;
d) Snack box, heavy meal, and drink for Category 4;
e) Compensation in the amount of IDR 300.000,- (three hundred thousand Rupiah) for Category 5;
f) Transfer to the next flight or refund ticket for Category 6; and
g) Delays on Category 2 up to Category 5, the passenger may be transferred to the next flight or refund ticket.
3. STANDARD OPERATING PROCEDURE (SOP) AND SANCTION.
Scheduled commercial air transport operator shall have an SOP on delay management in Indonesian version and shall be approved by Director General.8 Director General shall conduct monitoring and assessment upon the air transport operator with the components of: (i) the compliance to report the implementation of SOP on delay management which has been submitted to the Director General, (ii) number of findings in monitoring related to delay management by Inspector of Air Transport, and (iii) the handling or resolution of complaints by the user of air transport to the flight delay.9 According to the assessment by Director General, the air transport operator may subject to sanction such as written warning, suspension of new route, reduction of route, and suspension of license.10
1 MoT Reg 82/2015, Article 3 paragraph (1-2).
2 MoT Reg 82/2015, Article 4.
3 MoT Reg 82/2015, Article 5.
4 MoT Reg 89/2015, Article 2.
5 MoT Reg 89/2015, Article 3.
6 MoT Reg 89/2015, Article 5 paragraph (1).
7 MoT Reg 89/2015, Article 6 paragraph (1) jo. Article 9 paragraph (1).
8 MoT Reg 89/2015, Article 11 paragraph (1-2).
9 MoT Reg 89/2015, Article 13 paragraph (2).
10 MoT Reg 89/2015, Article 16.
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