AviationActE 2
AviationActE 2
AviationActE 2
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THAILAND
AIR NAVIGATION ACT, B.E. 2497
(1954)
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Be it, therefore, enacted by the King, by and with the advice and consent of the
Assembly of the People’s Representatives, as follows:-
Section 1. This Act is called the “Air Navigation Act, B.E. 2497”.
Section 2. This Act shall come into force at the expiration of ninety days as
from the date of its publication in the Government Gazette.*
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*Published in the Government Gazette, Vol.71, Part 58, Page 1249, dated 14th September B.E. 2497 (1954)
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Section 4. In this Act:
“Aircraft” includes all machines which can derive support in the atmosphere from
the reactions of the air, except objects specified in the Ministerial Regulations.
** “Temporary area for the takeoff/landing of aircraft” means a temporarily set area on
land or water intended to be used either wholly or in part for the takeoff/landing or movement of
aircraft; including a land surface cleared of trees, or by other means leveled, by one having no
rights therein on which an aircraft might take off or land, and which is thirty meters or more in
width and three hundred meters or more in length.
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*Added by Air Navigation Act (No.9), B.E. 2534
**Added by Air Navigation Act (No.7), B.E. 2521
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*“Apron” means an area notified by the Minister for parking aircraft on the licensed
aerodrome, and includes other such area on that licensed aerodrome which aircraft is allowed to
park temporarily for receive or waiting for receive service in the case of necessity or emergency.
*“Ramp service” means any service, other than technical service, performed with
aircraft or air navigation business in apron.
“Air navigation facilities” means services provided for facilitating air navigation of
aircraft, and includes any building installation and equipment of such services.
“Personnel” means the pilot, flight navigator, engineer, radio operator, air traffic
controller, flight operator officer and the persons performing other duties as may be determined in
the Ministerial Regulations.
“Minister” means the Minister having charge and control of this Act.
Section 5. This Act shall not apply to the air navigation in the services of the
military, police and other official units as may be determined in the Ministerial Regulations.
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*Added by Air Navigation Act (No.7), B.E. 2521
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*Section 6. The Minister of Transport and Communications shall have charge
and control of this Act, and shall have the power to appoint competent officials and to issue
Ministerial Regulations on the following matters;
(a) determining fees:
1.Certificate of registration of aircraft;
**1. bis License for private aircraft using;
2. Certificate of airworthiness :
(1) for prototype aircraft manufactured in the Kingdom;
(2) for series aircraft manufactured in the Kingdom;
(3) for aircraft imported into the Kingdom;
3. Personnel license or the validation of personnel license issued by any
Contracting State to the Convention or by the state entering into an agreement with Thailand;
CHAPTER 1
Civil Aviation Board
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*Amended by Air Navigation Act (No.8), B.E. 2525
**Added by Air Navigation Act (No.9), B.E. 2534
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Section 8. The Vice-Chairman and members of the Board shall hold office for
a period of four years. The Vice-Chairman or members of the Board whose term of office has
expired may be re-appointed as Vice-Chairman or members of the Board.
Section 9. The Vice-Chairman and members of the Board are relieved of their
office before the expiration of the term upon:
(1) Death;
(2) Resignation;
(3) Being retired by the Council of Ministers.
In case where vacancy occurs before the expiration of the term, a Vice-Chairman
or member of the Board shall be appointed in place, as the case may be; and the person so
appointed shall hold office only for the unexpired portion of his predecessor’s term of office.
Section 10. When the Chairman of the Board is absent at any meeting, the
Vice-Chairman shall perform the duty instead.
Section 11. At every meeting of the Civil Aviation Board, the presence of not
less than half of all members shall constitute a quorum.
Section 13. The Civil Aviation Board shall have the power to appoint Sub-
Committees for performing any activities or examining or inquiring into any facts which are within
the scope of powers and duties of the Civil Aviation Board.
For the meeting of the Sub-Committee, Sections 11 and 12 shall apply, mutatis
mutandis.
Section 14. The Chairman, Vice-Chairman and members of the Board shall
receive remunerations as may be determined by the Council of Ministers.
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Section 15. The Civil Aviation Board shall have powers and duties as specified
in this Act, and in the following matters:
(1) To take consultation and give advice concerning civil aviation to the Minister;
(2) To issue regulations in compliance with the provisions of this Act and Annexes
to the Convention;
Such regulations shall come into force after the approval of the Minster and upon
publication in the Government Gazette.
(3) To approve, with the consent of the Minister, the rates of fare and freight of
transport aircraft, and the rates of air navigation facilities service charges.
CHAPTER 2
General Provisions on Aircraft
Section 16. No person shall fly any aircraft unless there are on board the
following:
(1) Certificate of registration;
(2) Nationality and registration marks;
(3) Certificate of airworthiness;
(4) Journey log book;
(5) Personnel License of each member;
(6) License of radio communication apparatus, if it is equipped with radio communication
apparatus.
The provisions of the foregoing paragraph shall not apply to;
(1) An aircraft under flight test subject to the conditions laid down by the competent official;
(2) A foreign military aircraft.
Section 17. No aircraft shall take off from or land at any place other than a licensed
aerodrome or a temporary area for the takeoff/landing of aircraft which obtained permission from competent
official or which notified by the Minister.
Section 18. An aircraft must fly along the air routes as determined in the Ministerial
Regulations.
Section 19. An aircraft must comply with the Regulations of the Civil Aviation Board.
Section 20. Transport aircraft must be collected passenger fares and freight
charges at the rates approved by the Civil Aviation Board.
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*Section 21. Aircraft registrant, air operator, personnel and other persons on
board an aircraft shall act, in the interest of safety, in accordance with the Regulations of the Civil
Aviation Board.
Section 22. No aircraft shall fly into or over the prohibited areas or restricted
areas which notified by the Minister in the Government Gazette.
Section 23. No person shall, by any means whatsoever, use any photographic
apparatus in or from any aircraft unless with the permission in writing of the competent official.
Section 25. No person shall send by, or carry in, any aircraft with munitions of
war according to the law on the control of munitions of war unless with the permission in writing
of the Minister, and in accordance with the conditions determined by the Minister.
Section 26. No person shall send by, or carry in, any aircraft with dangerous
goods, or animals which may endanger the safety of the aircraft or of the persons on board the
aircraft, determined in the Ministerial Regulations unless with the permission in writing of the
competent official and in accordance with the conditions determined by the competent official.
Section 27. No aircraft, other than foreign aircraft, shall fly out of the Kingdom unless
with the permission in writing of the Minister.
Section 28. No foreign aircraft shall fly over or take off, land in the Kingdom unless with
the right in accordance with the Convention or the bilateral agreement or the permission in writing of the
Minister.
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*Amended by Air Navigation Act (No.3), B.E. 2502
12 Dec. 01
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Section 29. No foreign military aircraft shall fly over or take off, land in the
Kingdom unless with the permission in writing of the Minister.
*Section 29 bis. No person shall use private aircraft for air navigation unless
license for private aircraft using has been obtained from the Minister.
The licensee under paragraph 1 must comply with the specified conditions
attached to the license.
Criteria, procedures and conditions for application, qualifications and descriptions
of applicant, validity, suspension and revoke, form of the license for private aircraft using and
conditions attached shall be governed by the Ministerial Regulations.
*Section 29 ter. The provision in section 29 bis paragraph 1 shall not applicable to
transport aircraft which is used temporarily for transport of goods or passengers for non-
remuneration and which prior informed to the competent official.
*Section 29 quarter. License for private aircraft using issued by the Minister to
any private aircraft shall be effective only for that particular aircraft.
*Section 29 quinquies. No person shall fly any private aircraft unless having
complied with section 16 and having a license for private aircraft using on board.
CHAPTER 3
Registration and Marking of Aircraft
**Section 30. Subject to section 31, applicant for aircraft registration under the
provisions of this Act shall be the owner of the aircraft to be registered, or if not the owner shall
have the right of possession to such aircraft and shall have received the permission of the
Minister to effect such registration.
Application for registration and registration of aircraft shall be governed by the
Ministerial Regulations.
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*Added by Air Navigation Act (No.9), B.E. 2534
**Amended by Air Navigation Act (No.3), B.E. 2502
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*Section 31. Applicant for aircraft registration, whether natural or juristic person,
shall be of or have Thai nationality.
If a limited company or partnership or public company limited, it must be registered
under Thai law with its principal office located within the Kingdom, and
(1) if an ordinary partnership, all partners must be of Thai nationality;
(2) if a limited partnership, all partners with unlimited liability must be of Thai
nationality, and at least 51 percent of the capital of such partnerships must belong to natural
persons being of Thai nationality;
(3) if a limited company or public company limited, it shall have no bearer shares,
a majority of the board of directors must be of Thai nationality, and at least 51 percent of the
shares must belong to persons of each or several of the following categories:
(a) natural persons being of Thai nationality;
(b) Ministries, Public Bodies and Departments of the Government,
(c) limited companies or public companies limited of which Ministries, Public
Bodies or Departments of the Government hold not less than 51 percent of the total number of
shares;
(d) Limited companies or public companies limited which natural persons being of
Thai nationality hold not less than 51 percent of the total number of shares;
(e) Other Juristic persons as prescribed in the Ministerial Regulations.
If an association, it must be registered under Thai law with its principal office within
the Kingdom, the bye-laws of such association having been approved by the Civil Aviation Board.
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*Amended by Air Navigation Act (No.10), B.E. 2542
**Amended by Air Navigation Act (No.3), B.E. 2502
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(5) the certificate of airworthiness of such aircraft has expired for more than six
months;
(6) such aircraft has disappeared for more than three months.
In the event of (1) to (5), the aircraft registrant shall return the certificate of
registration to the competent official without delay.
Section 33. The marking of aircraft shall be governed by the Regulations of the
Civil Aviation Board.
CHAPTER 4
Airworthiness and Journey Log Books
Section 34. The application for, and the issuance of the certificate of
airworthiness, in connection with the prototype aircraft or the series aircraft, shall be governed by
the Ministerial Regulations.
*Section 35. Upon finding that any aircraft should be inspected or corrected, the
competent official shall have the power to direct the registrant of such aircraft to have such aircraft
inspected or corrected as specified within the time prescribed.
Section 36. When the competent official considers that any aircraft is not safe,
he shall have the power to suspense or revoke the certificate of airworthiness of that aircraft.
During the suspension of the certificate of airworthiness under the preceding
paragraph, such aircraft is prohibited to fly unless with the permission in writing of the competent
official, and in accordance with the conditions determined by the competent official.
Section 37. When the Civil Aviation Board considers that aircraft of any type is not safe,
it shall have the power to suspense or revoke the certificate of airworthiness of all aircraft of that type.
During the suspension of the certificate of airworthiness under the preceding paragraph, any
aircraft of such type is prohibited to fly unless with the permission in writing of the Civil Aviation Board, and in
accordance with the conditions determined by the Civil Aviation Board.
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*Amended by Air Navigation Act (No.3), B.E. 2502
12 Dec. 01
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Section 38. Aircraft already provided with certificate of airworthiness shall be
overhauled according to the Regulations of the Civil Aviation Board.
Section 39. The certificate of airworthiness shall be valid for the period of time
specified therein, but not exceeding one year as from the date of issue.
Section 41. The Journey log book shall be in accordance with the Regulations of the Civil
Aviation Board.
CHAPTER 5
Personnel
Section 42. No person shall act as a personnel unless with the permission of the
competent official under to this Act, or with the personnel license issued by any Contracting State to the
Convention or by the State which has entered into an agreement with Thailand, provided that the personnel of
the aircraft registered according to the Thai law obtain permission from the competent official under this Act.
If the holder of the personnel license issued by any contracting State to the Convention or by
the State which has entered into an agreement with Thailand, brings that license to be validated by the
competent official, he shall be deemed as having obtained permission from the competent official under to this
Act.
Section 43. The application for, the issuance of, and the validation of personnel licenses
shall be governed by the Ministerial Regulations.
Section 44. A person applying to be a personnel must having the following qualifications:
(1) being of Thai nationality;
(2) being of good conduct;
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(3) having the age, medical fitness, knowledge and experience as determined in
the Regulations of the Civil Aviation Board.
When there is necessity or special cause for any particular case, the Minister shall
have the power to exempt the qualifications as determined in this section.
Section 45. The privilege of the personnel shall be governed by the Regulations
of the Civil Aviation Board.
Section 46. The personnel license shall be valid for the period of time
determined in the Ministerial Regulations.
Section 47. When it is considered that any personnel has become deficient in
the qualification under section 44 (3) concerning the medical fitness, knowledge or experience, the
competent official has the power to order that personnel to undergo a medical examination,
theoretical examination, or practical test.
Section 48. When it appears that any personnel being disqualified under
section 44; or fails to comply with the order of the competent official under to section 47; or
violates the provisions of this Act; or having been sentenced by a judgment to imprisonment
according to other laws except for a petty offence, or an offence having punishment on the level
of petty, or an offense committed through negligence; the competent official has the power to
suspense or the revoke the license of that personnel.
Section 49. The personnel must comply with the discipline determined in the
Regulations of the Civil Aviation Board.
*Section 50 bis. Except in case of emergency which might endanger the aircraft,
no aircraft commander shall control an aircraft take off, land at other than a licensed aerodrome,
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or a temporary area for the takeoff/landing of aircraft which have been licensed or which have
been notified by the Minister, which the competent official have designated for that flight.
CHAPTER 6
Aerodromes and Air Navigation Facilities
Section 52. The application for, and the issuance of, license for establishing
aerodrome or air navigation facilities shall be governed by the Ministerial Regulations.
Section 53. No person shall establish any temporary area for the
takeoff/landing of aircraft unless with the permission of the competent official.
The licensee under this section must comply with the procedures and conditions
determined by the competent official.
*Section 53 bis. When it appears that a plot has, or several plots of land together
have, a surface thirty meters or more in width and three hundred meters or more in length which
might be used by an aircraft for take-off, landing, the competent officials shall have the power to
order, in writing, the person who has rights in such plot to erect such obstructions as may be specified
in order to prevent such plot from being used as a take-off or landing of aircraft. In such case, if the said
person can not erect or do not accept to erect the obstruction, the competent official shall have the power to
erect it.
No person shall destroy, remove, or render useless the obstruction mentioned in the first
paragraph unless with the permission of competent official.
Section 54. When it appears that any licensee for establishing aerodrome, air navigation
facilities or temporary area for takeoff/landing of aircraft fails to comply with the
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*Added by Air Navigation Act (No.2), B.E. 2498
Ministerial Regulations or procedures and conditions prescribed therefore by the competent
official, the competent official shall have the power to suspense or revoke that license.
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Section 55. The Minister shall have the power to issue a notification
determining any area, on land or water, as licensed aerodrome or temporary area for the
takeoff/landing of aircraft.
*Section 56. Passenger service charges for departing from aerodrome, landing
fees and storage fees at license aerodrome or temporary area for the takeoff/landing of aircraft
shall be collected as prescribed in the Regulations of the Civil Aviation Board which shall not
exceed the rates prescribed in the Ministerial Regulations.
Section 57. The air navigation facilities service charges may be collected at the
rates approved by the Civil Aviation Board.
Section 58. The Minister shall have the power to publish in the Government
Gazette, the area adjoining the aerodrome or the site of air navigation facilities as air navigation
safety zone.
Section 59. Within the air navigation safety zone under section 58, no person
shall construct or modify buildings or other structures, or plant trees unless with the permission, in
writing of the competent official.
In granting permission under this section, the competent official may determine any
conditions as he thinks fit.
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**CHAPTER 6 bis
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*Added by Air Navigation Act (No.4), B.E. 2504 and repealed by Air Navigation Act (No.5) B.E.
2507
** Added by Air Navigation Act (No.4), B.E. 2504.
***Amended by Air Navigation Act (No. 7), B.E. 2521.
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*CHAPTER 6 TER
*Ramp Service and Technical Service
*Section 60 Quarter. The Minister shall have the power to publish in the
Government Gazette, the prescription of apron in licensed aerodrome.
After the prescription of apron in any licensed aerodrome by the Minister, no
person shall operate ramp service or technical service in the prescribed apron unless he hold a
valid license for ramp service operator or technical service operator, as the case may be, from the
competent official with the approval of the Minister.
*Section 60 Sexies. A ramp service operator may collect a service charges not
exceeding the rates that approved, with the consent of the Minister, by the Civil Aviation Board.
*Section 60 Septies. No person shall enter the apron unless comply with safety
measures as prescribed by the proprietor of the licensed aerodrome or the person assigned by
him to take charge of the licensed aerodrome.
Person entering the apron shall comply with the Regulations of the Civil Aviation
Board.
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*Added by Air Navigation Act (No.7), B.E. 2521
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CHAPTER 7
Accidents
**Section 61. When an accident occurs to any aircraft within the Kingdom or to a
Thai aircraft abroad, the registrant of such aircraft if a Thai aircraft, or the representative of the
owner if a foreign aircraft shall report the accident to the competent official without delay and shall
file a report as determined in the Regulations of the Civil Aviation Board.
Section 62. When any accident occurs to any aircraft in the Kingdom, the
aircraft shall be under the custody of the competent official, and no person shall do anything to
the aircraft or parts thereof without obtaining permission from the competent official, the
administrative official or the police, except in case of necessity to:
(1) save persons, mails and animals from dangers;
(2) protect the aircraft from damage by fire or by any other cause;
(3) prevent dangers to the public;
(4) remove the aircraft or parts thereof so as not to become obstruction to air
navigation or the other mode of transportation;
(5) remove the aircraft or parts thereof to a place of safety when the aircraft is
wrecked on the water, or
(6) remove things or merchandise to save them from dangers, and it shall, in this
case, be done under the supervision of the competent official, the administrative official or the
police.
Section 63. The Minister shall have the power to appoint a Committee of
Inquiry for conducting an inquiry into any matter connected with the accident of aircraft in the
Kingdom.
Section 64. The Committee of Inquiry appointed under section 63 shall have the following
powers:
(1) To enter any land, house, building or structure where the aircraft or parts thereof having
accident, fall or appear;
(2) To order any person to come to give statements or send documents or any objects which
are evidence in connection with the aircraft accident.
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*Amended by Air Navigation Act (No.3), B.E. 2502.
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CHAPTER 8
Power to Inspect, to Seize and to Delay
Section 65. The competent official shall have the power to demand for
inspection the documents under section 16, and if it appears that there is violation of the
provisions of this Act concerning any document, the competent official shall have the power to
seize such documents for further proceedings.
Section 66. For the execution of this Act, the competent official shall have the
power:
(1) to enter any premises of the licensed aerodrome, the temporary area for the
takeoff/landing of aircraft or the site of air navigation facilities;
(2) to enter, during working hours, any works or premises in which aircraft or parts
thereof are being manufactured, assembled, repaired, or are being inspected and overhauled, and
to inspect and examine such work as well as parts thereof, and the drawings relating thereto;
(3) to get on board, inspect and search any aircraft which, he has reason to
believe, contains prohibited goods or goods which are restricted under this Act or any other laws,
or goods which have been imported into, or are being exported out of, the Kingdom as evading
customs duties;
(4) to inspect any aircraft already provided with certificate of airworthiness, from
time to time as he thinks fit;
(5) to enter and inspect any place where aircraft is stored;
(6) to seize prohibited goods or goods which are restricted under this Act or any
other laws, or goods which have been imported into, or are being exported out of, the Kingdom as
evading customs duties.
Section 67. When there is violation of the provisions of this Act relating to any
aircraft, the competent official shall have the power to delay the departure of that aircraft.
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CHAPTER 9
Penalties
*Section 68 ter. Any private aircraft using licensee who does not comply with
specified conditions attached to the license as prescribed in section 29 bis paragraph 2 shall be
punished by a fine not exceeding ten thousand baht. In case that offences being continuous, the
licensee shall be punished by a fine at an addition of one thousand baht per day until the date
comply with.
**Section 69. Any aircraft commander who violates section 17, section 18, or
section 50 bis shall be punished by a fine not exceeding thirty thousand baht and imprisonment
for not exceeding five years, and if such violation is the cause of damage to the aircraft or
endanger to a person, the aircraft commander shall be punished by a fine not exceeding fifty
thousand baht and imprisonment not exceeding ten years.
**Section 69 bis. Any aircraft commander who violates section 19 shall be punished
by a fine not exceeding two thousand baht or by imprisonment for a period not exceeding three
months, or by both such fine and imprisonment.
***Section 70. Any registrant of an aircraft who violates section 20, section 32 last paragraph, or
section 33 shall be punished by a fine not exceeding two thousand baht.
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*Amended by Air Navigation Act (No.9), B.E. 2534
**Amended by Air Navigation Act (No.2), B.E. 2498
***Amended by Air Navigation Act (No.3), B.E. 2502
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Section 71. Whoever violates section 21 shall be punished by a fine not exceeding three
thousand baht.
*Section 72. Any aircraft commander who violates section 22 shall be punished
by a fine not exceeding five thousand baht or by imprisonment for a period not exceeding two
years, or by both such fine and imprisonment.
Section 76. Any aircraft commander of a foreign aircraft or a foreign military aircraft, who
violates section 28 or section 29, as the case may be, shall be punished by a fine not exceeding five thousand
baht or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment.
Section 77. Any aircraft commander who violates section 36 paragraph 2 or section 37
paragraph 2 shall be punished by a fine not exceeding two thousand baht or by imprisonment for a period not
exceeding three months, or by both such fine and imprisonment.
Section 78. Any personnel who violates section 49 or section 50 shall be punished by a
fine not exceeding one thousand baht.
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*Amended by Air Navigation Act (No.2), B.E. 2498
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*Section 79. Any person who violates section 51 or section 53, paragraph 1 shall be
punished by a fine not exceeding fifty thousand baht and imprisonment for a period not exceeding ten years.
Section 80. Any proprietor of a licensed aerodrome or a temporary area for the
takeoff/landing of aircraft, who violates section 56 shall be punished by a fine not exceeding five
thousand baht.
Section 81. Any proprietor of air navigation facilities who violates section 57
shall be punished by a fine not exceeding two thousand baht.
***Section 81 quarter. Whoever fails to comply with the Regulations of the Civil
Aviation Board under section 60 septies paragraph 2 shall be punished by a fine not exceeding
three thousand baht.
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*Amended by Air Navigation Act (No.2), B.E. 2498
**Added by Air Navigation Act (No.4), B.E. 2507 repealed by Air Navigation Act (No.7) B.E. 2521
***Added by Air Navigation Act (No.7), B.E. 2521
****Added by Air Navigation Act (No.3), B.E. 2502
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****Section 82. Any registrant of an aircraft if such aircraft is Thai, or representative
of an owner if such aircraft is foreign who violates section 61 shall be punished by a fine not
exceeding five thousand baht.
Section 83. Whoever obstructs the performance of the Committee of Inquiry
under section 64 (1), or fails to comply with the order of the Committee of Inquiry under section 64
(2), shall be punished by a fine not exceeding two thousand baht or by imprisonment for a period
not exceeding three months, or by both such fine and imprisonment.
Section 84. Regarding the offenses under this Act for which the punishment is
fine only, the competent official shall have the power to settle the case.
Countersigned by
Somchai Piputvat
Department of Aviation
12 Dec. 01