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What are the requirements for entry in the domestic aircraft register?
All aircraft which have Brazil as the base of operations must be properly registered and observe the requirements of Civil Aviation Agency (ANAC) Directive 293/2013. Aircraft registration in Brazil must be carried out before the Brazilian Aeronautical Registry (RAB), a specific department within ANAC responsible for this matter. Aircraft ownership will become effective only on registration with the RAB.
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?
Yes. The RAB also handles the registration of mortgages, encumbrances and other interest relating to aircraft. In order to register any of these interests, the agreement that created the interest must be properly registered with the Documents Registry Office (Law 6.015/73) and with the RAB (ANAC Directive 293/2013). Mortgages, encumbrances and other interests will become effective and enforceable against third parties on proper registration with the RAB.
Brazil has also ratified the Cape Town Convention, which was recently promulgated under Decree 8.008 of 15 May 2013 (Brazil has lodged declarations under Article 39(1a), (1b) and 4, Article 53 and Article 54(2). The RAB was appointed as the entry point from which the creditor requests the authorisation code to proceed with the registration before the International Registry.
What rules and procedures govern the detention of aircraft?
The detention of aircraft in Brazil may arise for different reasons:
- Aircraft may be detained as a penalty for certain infractions of the Aeronautical Code.
- The Brazilian Internal Revenue Service may seize aircraft following irregularities during importation.
- If the aircraft is used to commit a crime or was acquired as a result of a crime detention may be ordered.
- The Brazilian aircraft investigation board can detain aircraft if necessary for carrying out an investigation regarding aircraft accidents.
Safety and maintenance
What rules and procedures govern aircraft safety and maintenance?
The Brazilian Rule on Civil Aviation 121 regulates several requirements that must be met by Brazilian-based companies that are certified to perform scheduled air carriage services. Among several other aspects, this rule establishes:
- requirements for operation on certain routes;
- communication capabilities;
- minimum requirements for ground handling;
- minimum requirements for aircraft maintenance;
- training programmes; and
- qualification standards and licences required for crew.
The Brazilian Rule on Civil Aviation 135 establishes similar rules applicable to companies that perform charter flights, air taxi companies and companies that render specialised air services.
Specifically, Supplementary Instruction 120-001 provides for several procedures associated with aircraft maintenance which must be followed by both companies regulated by the Brazilian Rule on Civil Aviation121 and the Brazilian Rule on Civil Aviation 135. Aeronautical Command System Regulation 3-3 from the Aeronautics Command also regulates proceedings and the implementation of safety standards to prevent accidents. Additional aeronautical rules on safety and security apply to operators and companies in the infrastructure sector, which are issued according to the International Civil Aviation Organisation’s safety oversight system.
What is the state of regulation on unmanned aerial vehicles (drones) in your jurisdiction?
Drone operations in Brazil began to be regulated in late 2016. Existing drone operations are regulated by ANAC (Brazilian Rule on Special Civil Aviation 94/2017) and the Department of Airspace Control (ICA 100-40/2014). The commercialisation of any drone in the Brazilian market requires the previous homologation of the product with the National Telecommunications Agency.
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