The Scope of Aviation Law and the Air Code
The Georgian Air Code is the central normative foundation of aviation law. It applies to every aircraft within the territory of Georgia, irrespective of ownership, departmental subordination or nationality, and to every natural or legal person engaged in aviation activity there.
The Code also applies to Georgian aircraft abroad, unless the laws of that state provide otherwise, and to any person whose activity may affect the flight of an aircraft — in this way the law protects flight safety comprehensively.
Aircraft Registration and State Registers
Every airworthy aircraft is subject to mandatory state registration with the issue of an appropriate certificate. A civil aircraft is registered in the State Register of Civil Aircraft or in the Register of Ultralight Aircraft, and only aircraft holding an airworthiness certificate are entered in the state register. The rules for registration, record-keeping and removal are established by the Agency.
State aircraft are registered in a separate register under the Ministry of Defence's rules. Experimental aircraft are not registered in the state register — they are recorded by the organisations performing test-design or scientific-research flights. An amateur-built aircraft produced by non-industrial means, with a mass of no more than 1 000 kilograms (other than an ultralight), must be registered with the appropriate aviation-sport authority. An aircraft is removed from the register upon write-off as unfit, at the request of an authorised person, upon being declared missing, upon a change of purpose, or by agreement of the parties — including transfer for term use to a foreign state or its persons. Upon removal, the certificate of registration loses its legal force.
Identification Marks and Foreign Aircraft Documents
On entry into the state register, a civil aircraft is assigned registration and nationality identification marks, affixed to the external surface of the aircraft in the prescribed manner. Symbols, emblems and inscriptions may be added provided the registration rules are respected. The rules on marks for civil aircraft are set by the Agency; for state aircraft — by the Ministry of Defence.
Documents on board a foreign state's civil aircraft are valid in Georgia if they conform to the norms of the International Civil Aviation Organization; upon landing, they are checked by the Agency. In addition, under agreements between states parties to the 1944 Chicago Convention, the Agency ensures recognition of aviation specialist licences, airworthiness and radio-station certificates issued by the state of the operator.
Certification and Aviation Activity Permits
Certification in civil aviation covers an aircraft operator performing commercial transportation, an enterprise maintaining continuing airworthiness, an aerodrome, a vertiport, an air-navigation services enterprise other than search and rescue, a civil aviation educational institution, an aviation medical centre and expert, an aircraft fuelling enterprise with its technical personnel, aviation personnel, an in-flight catering enterprise, as well as the aircraft and its engine. The certificate confirms compliance with flight safety and aviation security requirements, and certification is carried out by the Agency under the 1944 Chicago Convention, its annexes and Georgian legislation.
Non-scheduled international carriage, and specialised operations — aviation work — performed by an operator of a foreign-registered civil aircraft within Georgia, proceed on the basis of an Agency permit. The Agency grants a permit for non-scheduled international carriage or a permit for aviation work under the Law on Licences and Permits. An ad hoc charter flight or specialised aerial work therefore requires the permit before operations commence.
Carriage Contracts and Charter Agreements
Under a passenger carriage contract the carrier must bring the passenger to the destination and, where baggage is checked in, carry it and hand it over to the person entitled; the passenger pays the fare and the baggage charge. Under a cargo carriage contract the carrier must bring the cargo accepted from the consignor to the destination and hand it over to the authorised person, while the consignor pays the freight charge.
Under a charter, one party transfers to the other, for a determined fee, the entire capacity of one or more aircraft or a part of it, for one or more flights, for passengers, baggage and cargo or another purpose. The contract must stipulate the names of the parties, the type of aircraft, the purpose of the hire, the number of passengers and the volume of cargo, the amount of the hire, the point and time of commencement of the route and the destination.
Frequently Asked Questions
Which aircraft are subject to mandatory state registration?
Every aircraft fit for flight. Civil aircraft are entered in the State Register of Civil Aircraft or the Register of Ultralight Aircraft; state aircraft — in the Ministry of Defence's register. Experimental aircraft are not registered but recorded by the relevant organisations.
When is an aircraft removed from the register and what happens to its certificate?
Upon write-off as unfit, at the request of an authorised person, upon being declared missing, upon a change of purpose, or by agreement of the parties, including transfer for term use to a foreign state. Upon removal the certificate of registration loses its legal force.
Who checks the documents of a foreign aircraft in Georgia?
Upon landing, the documents are checked by the Agency. They are valid if they conform to the norms of the International Civil Aviation Organization; the operator state's certificates are recognised under agreements between parties to the 1944 Chicago Convention.
What must a charter contract contain?
The names of the parties, the type of aircraft, the purpose of the hire, the number of passengers and the volume of cargo, the amount of the hire, and the starting point and time of the route with the destination.
How We Help on Legal.ge
Aviation law is a densely regulated field where registration, certification and permitting each carry their own requirements. The Legal.ge team assists operators with aircraft registration and deregistration, obtaining certificates and permits, and drafting carriage and charter agreements. Contact us — we will review your situation and help you take the right legal decision.