Inspection and the Powers of Inspectors
Inspection of civil aviation activity is carried out by the flight safety inspector and by the inspector acting under the international programme founded on the 1944 Chicago Convention on International Civil Aviation. The inspector is independent in his activity and acts on the basis of Georgian legislation, international treaties and agreements of Georgia. He is entitled, at any time and without hindrance, to enter aviation enterprises and the buildings in their possession whose functioning is directed at flight safety and aviation security, to enter aircraft registered in the state registry and those operating on the territory of Georgia, to demand any document and information connected with flight safety, operation and technical maintenance, to check procedures and technical equipment, and to speak with any person for the purpose of assessment.
The persons and entities that are objects of inspection are obliged to assist the inspector in the performance of his duties and to submit any document and information relating to flight safety, the operation and technical maintenance of aircraft and aviation security. Where a deficiency discovered during inspection threatens flight safety or the security of civil aviation, the inspector is entitled to suspend the flight of the aircraft and to suspend, for any person, the further exercise of rights conferred by a certificate or other aviation document. The agency ensures the functional independence of inspectors in the inspection process and may refrain from publishing information obtained during supervision where publication could negatively affect flight safety or aviation security, in accordance with the corresponding annex of the Chicago Convention.
The Security Programme and the Safety Management System
At state level, flight safety is organised through two instruments. The aviation security programme is a set of rules and measures aimed at raising the level of flight safety in the country; developed in accordance with the requirements of international treaties and agreements, it is approved by the Government of Georgia. The safety management system, in turn, is a systematic approach to managing flight safety, comprising the mandatory organisational structure, the hierarchy of persons responsible for flight safety, guiding principles and procedures; its general rules are approved by the agency. For a business this means that an internal control system is not a matter of goodwill but a legally shaped requirement, and its absence is assessed by the regulator as a deficiency of the enterprise.
Acts of the Agency and the Safety Directive
The director of the agency issues normative and individual administrative-legal acts within the cases and limits provided for by the law, other legal acts and international treaties, and is empowered, taking into account flight safety and aviation security requirements, to allow exceptions from the operative normative acts in the sphere of civil aviation. Acts of the agency may be appealed only in court, in the manner established by legislation, and upon the filing of a claim the operation of the corresponding act is suspended — except where the act was issued because of a violation of the Chicago Convention, its annexes or other norms that threatened or could threaten flight safety or aviation security. A special instrument is the safety directive — a document issued or recognised by the agency where it has been confirmed that a threat exists to flight safety or public safety, and which is directed at restoring aviation security.
A written safety directive must reflect the description of the threat, the legal or natural person to whom it relates, a list of the actions to be carried out — including, where necessary, immediately — with the substantiation of their necessity, the deadlines for carrying them out, and the date on which the directive enters into force. In cases of urgent necessity the directive is issued orally, with the same information taken into account, and is put into written form within a reasonable period; the addressee is obliged to ensure its performance within the established period, and the agency supervises compliance. The regime of certificates follows a similar logic: the agency may suspend, amend or annul a certificate or restrict the rights it confers, and that decision is subject to appeal, while liability for offences committed in air transport is determined by Georgian legislation.
Frequently Asked Questions on Aviation Law
How broad is the inspector’s authority?
The inspector may enter aviation enterprises and aircraft without hindrance, demand any document, check procedures and speak with persons. Where a deficiency threatens safety, he may suspend the flight or the exercise of rights.
Can an act of the agency be challenged?
Yes, only in court, in the manner established by legislation. Filing a claim suspends the act, except for acts issued because of violations dangerous to safety.
What is a safety directive and when is it issued?
An agency document issued or recognised where a threat to flight safety or public safety has been confirmed, aimed at restoring security. In urgent cases it is issued orally and then put into written form within a reasonable period.
What does the safety management system require?
A systematic approach with an organisational structure, a hierarchy of responsible persons, principles and procedures; the general rules are approved by the agency. Building the internal system is an essential element for an aviation enterprise.
How We Help on Legal.ge
Aviation law is a single system of inspection, certificates, acts and directives. The Legal.ge team will help you find your bearings within it: we will prepare you for inspection, structure the safety management documentation, explain the routes for performing directives and represent you in court when challenging acts. Contact us — your aviation activity will be managed with legal precision.