REGISTRATION OF AIRCRAFT IN TURKEY
In Turkey, the registration of aircraft is the responsibility of the Civil Aviation Authority (“CAA”) functioning under the Ministry of Transport and Infrastructure, acting for the certification and regulation of aircraft, air crews and airports together with the control of air traffic. The CAA maintains a register of aircraft, namely the Turkish Civil Aircraft Register (the “Aircraft Register”).
Requirements in respect of the registration of aircraft at the Aircraft Register are laid down in the Civil Aviation Law No. 2920 which came into effect on October 19, 1983 (the ‘‘Civil Aviation Law’’).
The Civil Aviation Law provides that an aircraft may only be registered if it is “a Turkish civil aircraft” which definition comprises aircraft owned by public legal entities of the Turkish Republic or Turkish citizens. It excludes, however, “state aircraft”, that is aircraft used by the State for military, security or customs purposes.
In accordance with the Turkish Civil Aviation Law art.49, a civil aircraft is considered to be a Turkish civil aircraft under the following conditions:
- Aircraft owned by public agencies such as occupational organisations, associations, political parties, trade unions or foundations, all established pursuant to Turkish laws, whose executive positions are held by a majority of Turkish nationals;
- Aircraft owned by trade companies, co-operative societies and their unions registered in the Turkish Trade Register, with a majority of Turkish nationals holding executive and representational power and the voting majority of which according to the articles of association consists of Turkish stockholders and partners
If the aircraft has been registered in a foreign registry prior to Turkish registration, a deletion certificate from the foreign registry must be produced in order for the aircraft to be registered before the Aircraft Register.
All aircraft are required to bear the flag of the country, where it is registered, and the registration mark thereof in accordance with ICAO Annex-7. Each aircraft has its own registration mark, and a registration mark may not be used by more than one aircraft concurrently.
It is not possible to operate an aircraft which is not currently registered with a national aviation authority. The CAA, performing the requirements of the Civil Aviation Law, does not allow the operation of aircraft without proper registration. According to the Civil Aviation Law in order for an aircraft to be registered in Turkey, it should not be registered in any other country.
There are minor statutory registration fees pursuant to the Flight Standards Tariff of the CAA which is subject to updating by the CAA annually. The CAA imposes fee for issuance of certificates for each aircraft and for granting permits for the airline.
As it is generally provided in the Turkish Code of Commerce that inscriptions in the public register are effective as regards third parties, it might be possible equally to state that the registration of the lessor’s interest in the aircraft as the owner of the property would constitute to a public notice.
The Civil Aviation Commercial Air Transport Regulation (SHY-6A) which has come into effect in 16 November 2013, as amended from time to time, stipulates the requirements of the Civil Aviation Authority to grant an operation license to Turkish civil aircraft operators.