【法规名称】
【法规编号】 68795 什么是编号？
【正 文】
第3页 CAP 448A AIR TRANSPORT (LICENSING OF AIR SERVICES) REGULATIONS
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[接上页] (36 of 1999 s. 3) Cap 448A reg 9 Public and private inquires The Licensing Authority may, if they think fit, for the purpose of determining applications for licences, hold inquiries in public or in private and shall hold an inquiry in public if the applicant, or any person who has duly made an objection, requires the Licensing Authority, by such notice, in such form, as is prescribed in Form 4 in the Schedule so to do. Before holding any such inquiry the Licensing Authority shall give to the applicant and to any person who has duly made representations or objections with regard to the application, such notice, in such form, as is prescribed in the said Form 4 and shall give the applicant and any such person an opportunity of being heard at the inquiry. Cap 448A reg 10 Emergency applications Where an application is made to the Licensing Authority for a licence to remain in force for a period not exceeding 30 days and they are satisfied that it is in the public interest that the application should be determined with expedition, they may determine the application and grant a licence accordingly; and the provisions of this Part as to the publication of particulars of applications, the making of objections and representations, and the holding of inquiries at the instance of the applicant or an objector shall not in that case apply. Cap 448A reg 11 General policy of Licensing Authority In exercising their discretion to grant, or to refuse, a licence and their discretion to attach conditions to any licence the Licensing Authority shall have regard to the co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical overlapping and generally to the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing such facilities. In particular the Licensing Authority shall have regard to the following matters- (a) the existence of other air services in the area through which the proposed services are to be operated; (b) the demand for air transport in that area; (c) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether by the applicant or by other operators; (d) the period for which such services have been operated by the applicant or by other operators; (e) the extent to which it is probable that the applicant will be able to provide a satisfactory service in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges, and general efficiency; (f) the financial resources of the applicant; (g) the type of aircraft proposed to be used; (h) the remuneration and general conditions of employment of aircrew and other personnel employed by the applicant,and the Licensing Authority shall take into consideration any objections or representations duly made in accordance with the provision of these regulations. Cap 448A reg 12 Period licences remain in force The Licensing Authority may grant licences to remain in force for such period, not exceeding 5 years, as they may in each case determine; commencing on the date on which the licence is expressed to take effect: Provided that if, on the date of the expiration of a licence, an application to the Licensing Authority is pending for the grant of a new licence in substitution for an existing licence held by the applicant, the existing licence shall continue in force until the application is granted or refused. Cap 448A reg 13 Provisional licences pending determination of application The Licensing Authority may if they think fit, pending the determination of an application for a licence, grant to the applicant a provisional licence which shall remain in force until the application is determined. Cap 448A reg 14 (Repealed) (Repealed L.N. 105 of 1995) Cap 448A reg 15 Publication of decisions by Licensing Authority The Licensing Authority shall cause to be published in the manner prescribed in Form 5 in the Schedule such particulars of their decisions on applications for licences and of their decisions to revoke or suspend a licence as are prescribed in the said Form 5. Cap 448A reg 16 Revocation or suspension of licences (1) Subject to the provisions of paragraph (2), the Licensing Authority may revoke or suspend a licence if- (a) the holder of the licence has, since the licence was granted, been convicted of an offence against regulation 3 or 22; or (b) where the holder of the licence is a body corporate, any officer of that body corporate has, since the licence was granted, been convicted, in his capacity as such officer, of an offence against regulation 3 or 22; or (c) the holder of the licence has failed to comply with any condition subject to which the licence was granted.(2) Before revoking or suspending any licence under paragraph (1)(c), the Licensing Authority shall give to the holder of the licence such notice as is prescribed in Form 6 in the Schedule specifying the grounds upon which it is proposed to revoke or suspend the licence, and shall not revoke or suspend the licence unless they are satisfied, after holding a public inquiry if the holder of the licence (by such notice, in such form as is prescribed in the said Form 6) requires them so to do, that, owing to the frequency of the failure on the part of the holder to comply with conditions or to the failure having been wilful, the licence should be revoked or suspended. |
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