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What are the requirements for entry in the domestic aircraft register?
In order to be entered in the domestic aircraft register, the aircraft must:
- be a Turkish civil aircraft or considered as a Turkish civil aircraft;
- not be registered in another country (if the aircraft was previously registered in a foreign country, a certificate of deletion from such register is required); and
- have a certificate of airworthiness issued by the Ministry of Transport, Maritime and Communications.
Mortgages and encumbrances
Is there a domestic register for aircraft mortgages, encumbrances and other interests? If so, what are the requirements and legal effects of registration?
There is not a separate register of aircraft mortgages and charges. All mortgages, liens and encumbrances are recorded in the aircraft register.
What rules and procedures govern the detention of aircraft?
The Civil Procedure Act and the Execution and Bankruptcy Act govern the detention of aircraft. Aircraft cannot be detained without a court order to that effect in relation to aircraft and unpaid debts. Preliminary injunctions or cautionary detention orders entailing the detention of aircraft can be obtained before on commencement of legal action, as well as at later stages for recovery of debts or repossession of the aircraft.
Safety and maintenance
What rules and procedures govern aircraft safety and maintenance?
The Civil Aviation Act is the main legislation setting out the rules and procedures governing aircraft safety and maintenance. The Directorate General of Civil Aviation (DGCA) is empowered by the Act on the Organisation and Duties of the Directorate General of Civil Aviation (5431) to issue and execute directives, regulations and licences and undertake audits in relation to aircraft safety and maintenance. There is a body of detailed rules and regulations for the licensing and operation of aircraft maintenance personnel and maintenance providers in line with European Aviation Safety Agency regulations.
What is the state of regulation on unmanned aerial vehicles (drones) in your jurisdiction?
The DGCA established regulations on the use of unmanned aircraft systems (UAS) in Turkey with the Directive on Unmanned Aircraft Systems (SHT-IHA).The directive specifies the procedures and principles for the purchase, sale, registration, airworthiness and operation of UAS, as well as the fines to be imposed for violations of the directive. The directive also regulates the responsibilities and liabilities of UAS pilots.
The directive categorises UAS in accordance with the vehicle’s maximum take-off weight and requires different procedures to be followed depending on the category of the relevant UAS. In this context, UAS with a take-off weight of more than 25 kilograms must be registered in the aircraft register. Operators of these systems must obtain third-party liability insurance coverage.
UAS with a maximum take-off weight of up to 24 kilograms that are used for sports or other amateur purposes are allowed to fly anywhere – with the exception of restricted areas set by the directive (ie, residential and congested areas) – without obtaining flight permission. UAS falling under other categories must obtain permission from the DGCA to operate in Turkish airspace.
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