- Preamble
The tourism industry has been primarily focusing on the
economic and social development of the Kingdom of Nepal. It has been
necessary to make the air transport services consolidated, competent,
and effective in order to attract more tourists. This civil aviation
policy has been prepared after reviewing prevailing domestic and international
air transport services and after duly considering the privatization
policy pursued by Nepal Government, as well as the
resource constraints of His Majesty's Government.
- Objectives
2.1 To provide necessary contributions to the
promotion of the development of tourism in accordance with the Tourism
Policy of His Majesty's Government.
2.2 To develop, expand, promote, and protect the only national
flag carrier through the involvement of local or foreign joint venture
investors for international air transportation services.
2.3 To develop healthy and competitive air transportation
by encouraging the private sector.
2.4 To develop and expand airports in remote areas.
2.5 To make air transportation reliable and safe through
the development of modern equipment and facilities at the airports.
2.6 To duly encourage recreational, adventure, and research-oriented
air service facilities.
- Policy
3.1 Essential service
All services connected with safe, efficient, and regular operations
or air transport and airports shall be declared "Essential Services."
employees of governmental, semi-governmental, and non-governmental
organizations and corporation and companies connected with air transport
services, will not be permitted to participate in any type of strikes.
Provisions concerning essential services will be specified in licenses
and contracts, as well as in conditions of services connected with
the air transport service.
3.2 Aeronautical Authority
The Department of Civil Aviation shall be the sole aeronautical
authority of Nepal. The regularization, control, development, and
expansion works pertaining to all matters concerning the aviation
sector shall be carried out by the Department of Civil Aviation within
the policies and guidelines adopted by the Ministry of Tourism and
Civil Aviation.
3.3 Flight Safety
Emphasis shall be given to the additional installation of modern navigational
aid equipment and for their proper maintenance at the Tribhuwan International
Airport and other domestic airports. The Department of Civil Aviation
and all airlines in operation must comply strictly with the safety
regulations. With a view to discouraging the import and operation
of very old aircrafts, the following policy shall be adopted:
- The import of aircrafts which are more than 10 years old or which
have exceeded 50 percent of the maximum flight hours or cycles prescribed
by the manufacturers on the basis of economic design life and the
operation of aircrafts which are more than 20 years old or which
have exceeded 75 percent of the maximum flight hours or cycles prescribed
by the manufacturers, is prohibited.
- Those who operate in this provision for a period of three years
are subject to the condition that they fulfill the requirements
relating to air-worthiness prescribed by the Department of Civil
Aviation.
- Permission may be granted to operate an aircraft until the period
as certified for air-worthiness by the manufacturer of the aircraft
after the repair and maintenance works as determined by the Department
of Civil Aviation.
3.4 Utilization of Air Space
International airlines companies shall be encouraged to make use
of the Nepalese air space. In order to ensure the optimum use of the
air space by international air-lines, emphasis shall be laid on increasing
the number of international flights as well as the air safety of IFR
flights.
3.5 Establishment of civil Aviation Authority
A Civil Aviation Authority shall be established to perform all functions
being performed by the Department of Civil Aviation. Some functions
shall be performed by His Majesty's government on its own, and the
Civil aviation Authority will gradually be made self-reliant.
3.6 Traffic Rights
His Majesty's government shall actively engage in bilateral air
service agreements in order to acquire new traffic rights on the basis
of Nepal's development plans of international air service operations.
Before the Department of Civil Aviation grants traffic rights to airlines
of other countries for scheduled flights in and out of Nepal, it shall
consult the RNAC and take into consideration the interests of the
international airlines of Nepal. The traffic rights enjoyed by the
RNAC shall be transferred to the new international airlines of Nepal.
3.7 Route Schedule
Air Service Agreements relating to route schedule shall be concluded
on the basis of seat capacity. While signing bilateral air service
agreements, His Majesty's Government shall endeavor to obtain traffic
rights for two or more destinations for the international airlines
of Nepal.
3.8 Airport Facilities
3.8.1 Cargo Complex: A cargo terminal complex shall be built
at the Tribhuwan International Airport in order to improve the import,
export, and transit cargo transportation.
3.8.2 Hanger/Maintenance: Appropriate hanger service facilities
shall be developed at the Tribhuwan International Airport.
3.8.3 Flight Catering: A modern flight catering at the
Tribhuvan International Airport shall be established.
3.8.4 Passenger's Facility Services: (a) Duty free shops
shall be established in the International Airport Complex. (b) Limousine
and transport services shall be operated from the Tribhuwan International
Airport to the various places in the city for the convenience of
the tourists visiting Nepal.
3.9 Domestic Airlines
3.9.1 Limited permission will be granted to aircrafts owned
by the agencies of His Majesty's Government for making commercial
flights.
3.9.2 In the case of domestic airlines, permission for
new air service operators shall be granted in such a way that regional
airports shall act as their base and air services will be operated
in the remote areas subject to conditions prescribed by His Majesty's
Government. This provision will also be applicable to any fleet
expansion by the operators or airlines currently in operation.
3.9.3 Department of Civil Aviation shall conduct detailed
evaluation studies every two years on the technical, economical,
and social impacts of all domestic airlines currently in operation.
3.9.4 Operating permission shall be granted to new companies
on condition that a helicopter services shall be required to employ
Nepali citizens as employees (including pilots) and that fixed-wing
aircrafts shall be required to employ Nepali citizens within a given
period. A helicopter shall be required to fly above 3,000 feet while
passing over highly sensitive areas. No aircraft shall fly over
prohibited areas.
His Majesty's Government may declare any particular area as a
prohibited area with or without fixing the time period thereof.
While making an application for permission for registration of airline
companies, it shall be essential that a concrete and reliable proposal
on the management of employees and financial investment is submitted.
3.9.4.1 Approval may be granted by the cabinet only for the
operation of passenger and cargo services on a charter basis by
a Turbo-prop single engine aircraft in specific routes prescribed
by the Department of Civil Aviation considering engine reliability
specified by the manufacturer, international practices, availability
of alternate aircraft, the flight sector, and the urgency of need.
3.9.5 Encouragement of recreational, adventurous and research-oriented
air activities:
Recreational, adventurous and research-oriented air activities
such as hang gliding, para gliding, para jumping or hot ballooning
shall be encouraged.
3.9.6 Determination of Fare:
His Majesty's Government shall fix the air fare of each flight
sector by prescribing the minimum and maximum range thereof. The
Department of Civil Aviation may withhold the air operating certificate
of any airline which fixes air fare in violation of the limits prescribed
by His Majesty's Government.
3.9.7 If a Nepali citizen makes an application for obtaining
permission to register and operate a private aircraft for his personal
use, permission may be granted to such an applicant to own and operate
aircraft on the condition that such a plane shall not have the right
to make commercial flights.
3.9.8 Domestic airlines companies shall be required to
make arrangements for the construction of its own hanger, parking
areas, maintenance center, and training arrangements in conformity
with the standards prescribed by the Department of Civil Aviation.
3.9.9 Airlines companies shall be required to make adequate
arrangements for keeping in reserve aircraft spare parts, equipment
and machinery.
3.9.10 Permission shall not be granted to lease aircrafts
of private operators to any other country.
3.9.11 In case any airline fails to submit monthly and
other periodic particulars to the Department of Civil Aviation or
in cases there is doubt about the air worthiness of any airline,
or if it violates any section of the Civil Aviation Act or rules,
the Department of Civil Aviation may suspend the air operating license
of the concerned airline at any time.
3.9.12 Flight schedules shall be approved only on the basis
of the condition, standard and capacity of airports, the type and
capacity of aircraft, and the performance of the airline operator.
3.9.13 Considering the geographically remote areas, the
condition of transport and the difficulty of transportation of developmental
construction activities, the domestic flight routes shall be classified
as:
- Operation areas where road transport facilities are available.
- Operation areas where road transport facilities are not available.
3.9.14 If any national and foreign joint venture investors
wish to open flying clubs, permission may be granted to such companies
do so.
3.10 International Air Service
3.10.1 Aircrafts of international airlines need to have a high
standard. They shall be selected and operated to minimize repair and
maintenance costs as well as operating costs.
3.11 Bifurcation of the RNAC and Privatization:
In order for the Royal Nepal Airlines Corporation to move ahead
with the times, it is observed that there is a need for increasing
the number of reliable aeroplanes. It has to make its management more
efficient and competent in order to compete with the private sector
airlines in the domestic sector. RNAC will be divided into international
and domestic services.
3.11.1 Royal Nepal Airlines (International) which is to be
established as mentioned above shall operate its international flights
as the sole flag carrier of Nepal.
3.11.2 His Majesty's government shall look for foreign
airlines to be joint-venture partners. The airlines from the private
sector currently in operation and other private investors shall
also be invited to make investments on a priority basis.
3.11.3 RNAC will be developed in such a manner as to enable
it to operate in competition with the private sector in the domestic
air services.
His Majesty's government shall keep 51% of the shares of the RNAC
(domestic), with the rest to be floated for private shareholders.
In so distributing the shares, priority shall be accorded to the
airline companies currently in operation. His Majesty's Government
shall gradually reduce the portion of its share thereof.
3.12 Improvement and Extension of Airports
3.12.1 Tribhuwan International Airport will be expanded.
It will be equipped with adequate skilled manpower, modern equipment
such as radar will be installed.
3.12.2 Due regard shall be given to repair and maintain
small airports located in remote areas. Such airports shall be gradually
equipped with modern equipment.
3.12.3 Airports will be constructed in remote areas as
per requirement. His Majesty's government will improve and develop
airport on its own through public participation or through foreign
support. It will use the build, own, operate, and transfer (BOOT)
process. Such investors shall be given necessary facilities and
encouragement (including the facility of land acquisition).
3.12.4 For the purpose of operating flights to remote areas,
Biratnagar, Pokhara, Bhairahawa, Nepalgunj, and Dhangadi shall be
developed as regional base Airports. For the purpose of making the
optimum use of the capacity of the Tribhuwan International airport,
and to develop Kathmandu as a regional hub for destinations outside
the country, His Majesty's Government shall encourage airlines to
increase their regular international air services to and from Nepal.
Encouragement shall be given to operate domestic air services from
regional base airports.
3.13 Production of Skilled Manpower
The Civil Aviation Training Centre presently functioning under the
Department of Civil Aviation will be strengthened and expanded and
thus made more capable of producing skilled manpower. Airline operators
must also make appropriate arrangements for the training of manpower.
3.14 Charter Flights
His Majesty's Government shall, in consultation with the national
flag-carrier, grant flight permission according to the need to operate
passenger and cargo charter flights which can effectively help in
the development of tourism in Nepal.