REQUIREMENTS FOR CIVIL AVIATION LICENCES IN TANZANIA

The civil aviation sector is among the most regulated in Tanzania due to the safety and security concerns linked to it. In Tanzania, this sector is regulated by the Tanzania Civil Aviation Authority (hereinafter referred to as the “TCAA”), a government authority charged with, among other things, the responsibility of licensing and overseeing all airline services in Tanzania, including Zanzibar. The TCCA operates under the Civil Aviation Act, Chapter 80, Revised Edition of 2020 of the laws of Tanzania (hereinafter referred to as the “Aviation Act”) and the Civil Aviation (Licensing of Air Services) Regulations, of 2006 of the laws of Tanzania issued under Government Notice Number 81 of 2006 (hereinafter referred to as the “Licensing Regulations”), among other legislations.

Once a civil aviation company is duly incorporated under the Companies Act, Chapter 212, Revised Edition 2002 of the Laws of Tanzania (hereinafter referred to as the “Companies Act”), it must obtain sectoral licence from the TCAA before commencing business. The TCAA issues various licenses and certificates, including an Air Service Licence and an Air Operator Certificate.

In summary, this article outlines the requirements and procedures for a civil aviation company incorporated in Tanzania to obtain the necessary sectoral licenses and approvals from the TCAA before commencing operations.

Air Service Licence (hereinafter referred to as “ASL”). A civil aviation company incorporated in Tanzania must obtain an Air Service Licence before operating air transport services for passengers, mail, or cargo for remuneration or hire within Tanzania.

Procedures and requirements for issuing the ASL.

To apply for an ASL, a civil aviation company must submit a written application to the Director General of the TCAA using the prescribed form. The company must meet the following minimum requirements:

the civil aviation company must be registered in Tanzania;
should have a business plan;
show proof of payment of the application fee;
Memorandum and Articles of Association; and
proof of financial capability to undertake the project (civil aviation business).

An application for ASL will require a minimum of 60 days to be processed. The TCAA will only initiate the evaluation process of an application upon receipt of a complete submission of the application together with the prescribed fees. Once an application is accepted, it undergoes processing, which shall include publication in Tanzanian circulated newspapers and a public hearing in accordance with the Aviation Act and its Regulations. At the conclusion of the evaluation of the application, a civil aviation company will be advised of the outcome in writing.

Air Operator Certificate (hereinafter referred to as “AOC”). The TCAA issues an AOC to confirm that the civil aviation company complies with international civil aviation regulations and recommended practices. A civil aviation company must submit its application for the AOC at least 90 days before the intended start date of operations. The AOC is valid for one year and must be renewed by the TCAA. The AOC is issued in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations of 2017 issued under Government Notice Number 69, of the laws of Tanzania (referred to as the "Air Operator Regulations") as amended by Civil Aviation (Air Operator Certification and Administration) (Amendment) Regulations of 2023 issued under Government Notice Number 366 of the laws of Tanzania (hereinafter referred to as “Air Operator Amendment Regulations”).

Procedures and requirements for issuing of AOC.

The application procedure begins with a formal application and takes different phases.

Phase one: - pre-application phase where, a civil aviation company meets the TCAA and submits the prescribed form and the required documents for evaluation. A civil aviation company has to submit the following manuals and documents: -

maintenance control manual;
security manual;
operations manual;
emergency response plan manual;
details of the type and number of registration of aircraft a civil aviation company intend to deploy;
details of the nature of operations; and
description of the arrangement for crew and ground personnel training and qualifications.

Phase two: - document evaluation phase where, the TCAA will evaluate the documents submitted by a civil aviation company determining its eligibility and whether it is properly qualified and adequately staffed and equipped to conduct safe operations in commercial air transport and maintenance of the aircraft.

Phase three: - demonstration and inspection phase, a civil aviation company makes available the aircraft for inspection which is the examination of an aircraft or aircraft component to establish conformity with a standard approved by the TCAA, again demonstration flights are conducted for each aircraft.

Phase four: - Upon the formal award of the AOC, the TCAA issues the AOC along with its operational specifications, which outline the terms and conditions for the civil aviation company that has met the required standards. The current initial fee for the AOC is United States Dollars (US $2,400.00) for large aircrafts (over 5,700 kg) and United States Dollars (US $1,200.00) for small aircrafts (under 5,700 kg).

Certificate of Airworthiness (hereinafter referred to as “COA”). For any aircraft to be operated in Tanzania, it is required to have a certificate of airworthiness issued by the TCAA or an accepted certificate of airworthiness issued by the contracting state to Chicago Convention on International Civil Aviation 1944 (hereinafter referred to as the “Chicago Convention”). The COA is issued to a civil aviation company after the aircraft has been inspected in accordance with performance rules for inspections and found to be airworthy.

Procedures and requirements for issuing the COA.

The application for COA is through a prescribed form and a civil aviation company has to provide the following descriptions: -

name, nationality and address of the owner of aircraft;
name and address of the operator;
year of manufacture and name of manufacturer and state of design and registration marks; and
maximum take-off mass of aircraft; and engine type and number of engines fitted.

The COA will cost a civil aviation company about United States Dollars (US $120.00) to United States Dollars (US $1,000.00) depending on the weight of the aircraft and it is valid for a period of twelve (12) months, renewable.

Airworthiness Type Acceptance Certificate (hereinafter referred to as “ATAC”). The ATAC is issued by the TCAA to recognize the Type Certificate issued by the state whose airworthiness code is acknowledged, as specified in the Civil Aviation (Airworthiness) Regulations of 2017 issued under Government Notice Number 57 of the laws of Tanzania (referred to as the "Airworthiness Regulations") as amended by Cicil Aviation (Airworthiness) (Amendments) Regulations of 2023 issued under Government Notice Number 368 of the laws of Tanzania (hereinafter referred to as “Airworthiness Amendment Regulations”).

Procedures and requirements for issuing ATAC.

Application for ATAC has to be through a prescribed form submitted to the TCAA. A civil aviation company has to follow these procedures: -

write a letter to Director-General for application of ATAC;
fill and submit the prescribed form and submit it to the Director-General;
submit proof of compliance to state of design certification standard;
submit proof of compliance to the Civil Aviation (Instrument and Equipment) Regulations, 2017 of the Laws of Tanzania (hereinafter referred to as the “Instrument and equipment Regulations”); and
pay the application fee.
Aircraft Registration. A civil aviation company cannot operate any aircraft, within or fly over Tanzania unless the aircraft eligible for registration has been registered by its owner in accordance with the law and the TCAA has issued a certificate of registration for that aircraft, or the aircraft is registered in a Contracting State to the Chicago Convention.

Procedures and requirement for issuing Aircraft Registration.

A civil aviation company is required to register all aircrafts intended to be used in conducting its business. The procedure for application of aircraft registration are as follows: -

write a letter to Director-General for acceptance to import the aircraft for registration and operation in Tanzania;
fill and submit a prescribed form to the Director-General; and
pay the application fee.

A civil aviation company will have to pay a minimum of United States Dollars (US $300.00) and a maximum of United States Dollars (US $800.00) for registration of an aircraft depending on its total weight.

No civil aviation company incorporated in Tanzania is allowed to begin its operations without prior authorization from the TCAA. These procedures ensure that companies comply with essential safety, security, and regulatory standards before they are permitted to operate within Tanzania's aviation industry.

Note: This is not a legal opinion, and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.

Fredy Richard

Legal Intern.