According to the report of the special commission that studied the piece, the United States gave Dominican authorities 45 days to modify the Civil Aviation Law, adjusting it to a new standard and stronger consequences regimes.
SANTO DOMINGO.– The advances that technology has experienced and the substantial transformations that require State intervention to guarantee efficient aerial surveillance were among the considerations contained in the bill, which was passed into law by the Chamber of Deputies last Wednesday, May 28.
Adding to this argument is the visit of a commission from the United States Civil Aviation Federation to the Dominican Republic to inspect flights leaving the national territory towards the North American zone and, after the review, the team gave a deadline of 45 days for the Dominican authorities to modify the Civil Aviation Law, adjusting it to a new standard and regimes of stronger consequences.
The Lower House approved in second reading the draft bill that modifies Law 491-06 of Civil Aviation, thus making into law the update of the regulatory framework of this legislative piece that now goes to the Executive Branch for its promulgation.
This amendment to the law, submitted to the National Congress by the Executive Branch, was approved with 118 votes in favor, after being declared “urgent” by the members of the Lower House. The initiative was introduced in early April of this year and was approved by both legislative chambers almost a month later.
The bill seeks to modify the current legal framework and establishes a series of regulations for the handling of drones in national airspace and air operators, among other aspects related to air navigation, aeronautical meteorology, aerodrome technicians, training programs and flight instructors.
Among their arguments is the fact that the IDAC, the Dominican Institute of Civil Aviation, faces new challenges as it must demonstrate to the United States Federal Aviation Administration (FAA) that it complies with the elements required by the International Civil Aviation Organization (ICAO) for the proper functioning of the country's aeronautical system.
It modifies 34 articles of the law enacted in 2006 and considers it necessary to identify actions, specify infractions and the corresponding sanctions to enhance the regulatory role of the State.
One of the modifications was to add two clauses to article 26 regarding the approval and validation of psychophysical aptitude certificates according to the type of license issued by the IDAC.
Furthermore, it will ensure that the Dominican Republic maintains the aviation permits granted by the various international organizations responsible for controlling airspace.
Also to prepare, issue, publish and amend the regulations necessary for the implementation of standards in the area of operational safety risk management.
Article 55 was amended to read henceforth: "The director general may grant exemptions to the requirements to comply with any regulation prescribed under this law, if he or she considers that such action is in the public interest" and also specifies a series of conditions.
The United States site
Congressman Napoleón López, who chaired the special team of legislators that studied the modifications, revealed to Diario Libre the challenge made by the United States regarding the modification that had to be made to the civil aviation law and maintained that this is stated in the favorable report made by said congressional committee upon concluding the analysis of the piece.
"In September 2023, a commission from the Federal Aviation Administration (FAA), the United States Civil Aviation Federation, visited. This federation, naturally, aims to ensure that aircraft entering U.S. territory meet a certain level of safety and that pilots have the necessary training to avoid any risk to passengers," reads the report approved by the deputies, according to that media outlet.
The report indicates that the United States Federation made a series of clarifications to the Dominican State and returned to the country in April to conduct a technical audit.
"In April, after reviewing, the FAA gave the Dominican Republic 45 days to adjust its Civil Aviation Law and warned that the country risked being downgraded if it did not modernize its regulations," the report states verbatim.
According to Congressman López, if the FAA's recommendations were not followed, the country would be downgraded to category two in flight level and the United States would place more restrictions on flights departing from the national territory, which would affect the country economically and in terms of tourism.
The report signed by the deputies states that the Civil Aviation Law enacted in 2006 has sanctions against airlines, but all of them are "very generic", dissolved and need to be reformed.
In that sense, the new system of consequences embodied in the amendment to the law increases the cost of fines for crimes, includes new forms of aviation, such as drones, and penalizes not only airlines, but also pilots, aircraft operators and executives who violate the regulations.
Infractions
Article 304, which states that infractions will be classified as minor, moderate and serious, would be modified.
Minor incidents are those that do not affect the outcome of aeronautical activity, nor present an immediate risk to operational safety.
Moderate ones are those that may have a negative impact on the safety of operations and, finally, serious ones generate catastrophic conditions or represent an imminent danger to general safety.
This article specifies this, since the current law does not detail the different types of infractions.
In this draft bill, actions related to alcohol and narcotics use tests are considered minor offenses.
Article 307 defines what the infractions will be related to operators of small aircraft piloted at distances, known by their English acronyms as "Drone, Rpas or UAV".
Under the new regulations, failure to report to IDAC constitutes a minor infraction.
Failure to establish a system for recording essential flight data and the absence, for a period of 10 days, of a written report of an in-flight emergency requiring immediate action.
Similarly, the pilot has not ensured that the aircraft contains sufficient energy for its operation during the flight.
The bill stipulates that minor infractions will be penalized with an administrative fine of no less than three and no more than 50 minimum wages. In addition, the offender could face up to a 30-day suspension of their permit.
Article 308 would cover moderate infractions, which will be sanctioned with an administrative fine of no less than fifty, nor more than 120 public sector salaries.
As with the 45-day suspension of the offender's certified permit or license.
While serious offenses will be sanctioned with an administrative fine of no less than 120, nor more than 300 minimum wages in the public sector and, if necessary, will receive a suspension of 46 to 365 days of the permit provided.
Ultimately, he could be sanctioned with an indefinite revocation of his permit.
