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Aviation Law, 5771-2011

חוק הטיס, תשע"א-2011

Published: 2011-04-13Consolidated Hebrew text as of 2026-08-02 · Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Section B: Imposition of a Financial Sanction and Its Payment

Notice of Intent to Charge§
151.
(a)Where the Director has reasonable grounds to believe that a person has violated a provision of the provisions pursuant to this Law as referred to in Section A (in this Chapter – the violator), and the Director intends to impose a financial sanction on that person pursuant to that Section, the Director shall give the violator notice of an intention to impose a financial sanction (in this Chapter – notice of intent to charge).
(b)In a notice of intent to charge the Director shall state, inter alia, the following:
(1)the act or omission (in this Chapter – the act) constituting the violation;
(2)the amount of the financial sanction and the period for its payment, in accordance with the provisions of section 156;
(3)the violator's right to submit arguments before the Director, in accordance with the provisions of section 152;
(4)the rate of the addition to the financial sanction in the case of a continuing violation or a repeated violation, in accordance with the provisions of section 150.
Right to Be Heard§
152.

A violator to whom a notice of intent to charge has been given pursuant to the provisions of section 151 may submit arguments in writing before the Director, regarding the intention to impose a financial sanction and regarding its amount, within 60 days of the date of delivery of the notice.

Decision of the Director and Payment Demand§
153.
(a)Where the violator has presented arguments before the Director pursuant to the provisions of section 152, the Director shall decide, after having considered the arguments raised, whether to impose a financial sanction, and may reduce the amount of the financial sanction pursuant to the provisions of section 154(b).
(b)
(1)Where the Director has decided pursuant to the provisions of subsection (a) to impose a financial sanction on the violator, the Director shall deliver to the violator a demand to pay the financial sanction (in this Chapter – payment demand); in the payment demand the Director shall state, inter alia, the reasons for the decision, the updated amount of the financial sanction and the period for its payment;
(2)Where the Director has decided pursuant to the provisions of subsection (a) not to impose a financial sanction on the violator, the Director shall deliver to the violator notice thereof.
(c)Where the violator has not submitted arguments pursuant to the provisions of section 152 within 60 days from the day on which the notice of intention to charge was delivered to the violator, that notice shall be deemed, upon the expiry of those 60 days, to be a payment demand delivered to the violator upon the expiry of 60 days from the date of delivery of the notice of intention to charge.
Reduced Amounts§
154.
(a)The Director may not impose a financial sanction in an amount lower than the amounts prescribed in Section A, except pursuant to the provisions of subsection (b).
(b)The Minister, with the consent of the Minister of Justice, shall prescribe cases, circumstances and considerations by reason of which it shall be possible to reduce the amount of the financial sanction prescribed in Section A, at rates to be prescribed.
Updated Amount of the Financial Sanction§
155.
(a)The financial sanction shall be according to its updated amount on the day of delivery of the payment demand, and in respect of a violator who did not present arguments before the Director as stated in section 153(c) – on the day of delivery of the notice of intention to charge; where an appeal has been filed with a court pursuant to section 159 and payment of the financial sanction has been stayed pursuant to that section, the financial sanction shall be according to its updated amount on the day of the decision in the appeal.
(b)The amount of the financial sanction shall be updated on 1 January of each year (in this subsection – the update date), in accordance with the rate of change in the index known on the update date as compared with the index that was known on the day of commencement of this Law; the amount as aforesaid shall be rounded to the nearest amount that is a multiple of NIS 10; for this purpose, "index" – the Consumer Price Index published by the Central Bureau of Statistics.
(c)Notice of the updated amount of the financial sanction pursuant to subsection (b) shall be published in Reshumot (Official Gazette).
Time for Payment of the Financial Sanction§
156.

The financial sanction shall be paid within 30 days from the day of delivery of the payment demand as stated in section 153.

Shekel Interest and Arrears Fees§
157.

Where a financial sanction has not been paid on time, shekel interest and arrears fees shall be added thereto for the period of delay, until payment thereof, and the provisions of the Interest and Linkage Law shall apply, with the necessary modifications.

Collection§
158.

A financial sanction shall be collected for the State Treasury, and the Tax (Collection) Ordinance shall apply to its collection.

Appeal against a Financial Sanction§
159.
(a)A payment demand may be appealed to the Magistrate's Court within 30 days from the day of delivery of the demand to the appellant.
(b)The filing of an appeal pursuant to this section shall not stay payment of the financial sanction, unless the Director consents thereto or the court so orders.
(c)Where the court has decided to allow an appeal filed pursuant to this section after the financial sanction has been paid, the amount paid shall be refunded with the addition of shekel interest from the day of payment until the day of refund, and the provisions of the Interest and Linkage Law shall apply in respect of such interest, with the necessary modifications.
Publication regarding the Imposition of a Financial Sanction§
160.
(a)Where a financial sanction has been imposed pursuant to this Chapter, the Director shall publish on the Authority's website details as set out below, in a manner that ensures transparency regarding the exercise of discretion in making a decision concerning the imposition of the financial sanction:
(1)the fact of the imposition of the financial sanction and its amount, the nature of the violation for which it was imposed and the circumstances thereof, the rate of reduction of the amount of the financial sanction – if it was reduced pursuant to the provisions of section 154(b) – and the circumstances by reason of which it was reduced as aforesaid;
(2)details regarding the type of licence or approval held by the violator or the fact of being a crew member, as the case may be;
(3)the name of the violator, unless the violator is an individual; however, the Director may publish the name of a violator who is an individual if the Director considered it necessary for the purpose of warning the public, and the financial sanction was imposed in respect of a violation connected to the provision of a service to the public by the violator, provided that for this purpose an employee acting on behalf of a licence or approval holder under this Law shall not be regarded as providing a service to the public, even if a financial sanction was imposed on that employee.
(b)Notwithstanding the provisions of this section, the Director shall not publish details that constitute information which a public authority is precluded from disclosing pursuant to section 9(a) of the Freedom of Information Law, 5758-1998, and may also refrain from publishing details pursuant to this section that constitute information which a public authority is not required to disclose pursuant to section 9(b) of that Law.
(c)Publication as stated in subsection (a) in respect of a financial sanction imposed on a corporation shall be for a period of four years, and in respect of a financial sanction imposed on an individual – two years.
(d)Where a financial sanction has been imposed pursuant to the provisions of this Chapter and an appeal has been filed against it, the Director shall publish the fact of the filing of the appeal and its outcome.
(e)The Minister may prescribe additional means of publishing the details referred to in paragraphs (1) to (3) of subsection (a).
Preservation of Criminal Liability§
161.
(a)Payment of a financial sanction pursuant to the provisions of this Chapter shall not derogate from a person's criminal liability for a violation of a provision under this Law as stated in Section A that constitutes an offence.
(a1)Where the Director has delivered to the violator a notice of intention to charge in respect of a violation that also constitutes an offence, an indictment shall not be filed against the violator in respect of that violation, unless new facts have come to light that justify doing so; where new facts as aforesaid have come to light and an indictment has been filed against the violator after payment of a financial sanction, the amount paid shall be refunded with the addition of shekel interest from the day of payment of the amount until the day of refund, and the provisions of the Interest and Linkage Law shall apply in respect of such interest, with the necessary modifications.
(b)Where an indictment has been filed against a violator in respect of a violation of a provision under this Law as stated in Section A, the Director shall not take proceedings against the violator pursuant to this Chapter.
Restriction on Imposition of a Financial Sanction in respect of a Violation Constituting an Administrative Offence§
161a.

Where a violation of a provision under this Law has been designated as an administrative offence pursuant to the Administrative Offences Law, 5746-1985, the Director shall not initiate proceedings pursuant to this Chapter against a violator of that provision in respect of that violation.

Prohibition on Delegation of Powers under Chapter X§
162.

Notwithstanding the provisions of section 8(b) of the Civil Aviation Authority Law, the Director may not delegate the Director's powers under this Chapter.

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Chapter XI: Miscellaneous Provisions

Procedural Immunity from Claims§

163.

No action shall be brought against an aircraft owner, an aerial operator, or any person acting on their behalf, in respect of trespass, public nuisance or private nuisance within the meaning of the Civil Wrongs Ordinance [New Version], solely by reason of an aircraft having been flown over any land or property, provided that in the circumstances of the matter the provisions under this Law relating to flying, including those relating to noise from an aircraft, have been complied with.

Loud or Unreasonable Noise from an Aircraft§

164.

Notwithstanding the provisions of section 17 of the Abatement of Nuisances Law, 5721-1961 (in this section – the Abatement of Nuisances Law), in any enactment, other than that Law, pursuant to which loud or unreasonable noise is noise within the meaning of the Abatement of Nuisances Law, such noise shall be regarded, for the purpose of an aircraft to which the provisions of section 73 apply, as noise that exceeds a noise level or noise quota prescribed pursuant to section 73.

Power of the Director to Grant an Exemption§

165.
(a)
(1)The Director may grant an exemption to a person, including a holder of a licence, certificate or approval under this Law, and may also grant an exemption in respect of an aircraft, flight navigation aid, aviation equipment, aerodrome or landing site, from a provision among the provisions prescribed pursuant to the sections listed in paragraph (2), if the Director has found that in the circumstances of the matter the provision in respect of which the exemption is sought is unreasonable or unsuitable and is satisfied that appropriate measures will be taken for the purpose of maintaining aviation safety and regularity, at a level of safety equivalent to that achieved by compliance with the provisions pursuant to those sections, and also for the purpose of protecting the environment and public health; an exemption pursuant to this section shall be granted in writing;
(2)The following are the provisions of sections from which the Director may grant an exemption, unless otherwise prescribed therein: 3(b), 4(b), 12, 14(a)(2) and (3), 15, 16, 18(a)(3) and (4), 19, 22(a), 24, 25, 27(a)(1), (2) and (4), 29(3), 32(a)(2) to (5), 33, 35, 40, 45, 46, 47, 50, 53, 54, 55, 62, 63, 64, 66, 67(d), 68, 70, 71, 72(c), 75, 76(c), 87(d)(1), 88(a), 90, 93 and 168(a)(3), (6) and (7).
(b)Notwithstanding the provisions of section 8(b) of the Civil Aviation Authority Law, the Director may not delegate the Director's power pursuant to this section, unless one of the following conditions is met:
(1)the subject of the exemption is a licence granted to an individual under this Law;
(2)the Director is absent from the country or is temporarily prevented from performing the Director's duties, and a deputy has been appointed from among the employees of the Authority.
(c)An exemption granted pursuant to subsection (a), other than an exemption granted to an individual from the provisions prescribed pursuant to sections 3(b), 4(b), 12, 87(d)(1) and 88(a), shall be made available for public inspection at the offices of the Authority and shall be published on the Authority's website.

Regulations for the Application of Standards, Procedures or Practices pursuant to Article 37 of the Convention§

166.
(a)The Minister may prescribe provisions for the purpose of applying or implementing, in Israel or in respect of an Israeli aircraft, standards, procedures or practices that the International Aviation Organisation has established or recommended pursuant to Article 37 of the Convention, all with or without restrictions.
(b)Regulations pursuant to this section in respect of the interception or protection and identification of aircraft, as well as Regulations as aforesaid that may affect the use of Israeli airspace allocated to military aviation pursuant to section 80, shall be made with the consent of the Minister of Defence.
(c)The Minister shall not make Regulations pursuant to this section except in those matters in respect of which the Minister is empowered to do so pursuant to other provisions of this Law and in accordance with the power vested in the Minister under those provisions, and only so long as, in accordance with those provisions, the Regulations thereunder do not require approval by the Committee pursuant to this Law.
(d)There shall be no criminal sanction for the violation of provisions prescribed pursuant to this section.

Urgent Temporary Provisions§

167.
(a)The Director may prescribe a temporary provision that shall apply to holders of licences, certificates or approvals under this Law, in the matters listed below, all or some of them, if the Director considered it essential for the purpose of maintaining flight safety or for the purpose of protecting public welfare and that there is urgency in prescribing a temporary provision as aforesaid, provided that the Director shall not prescribe a temporary provision that is inconsistent with the provisions under this Law:
(1)safety measures to be taken in respect of an aircraft, its crew or the passengers thereon;
(2)safety measures to be taken in respect of maintenance organisations or aviation infrastructure;
(3)additional measures to be taken for the purpose of maintaining the safe operation of aircraft.
(b)The Director shall prescribe a temporary provision pursuant to this section after having given those to whom such a provision shall apply, or a body representing them, an opportunity to express their position, as far as possible and having regard to the urgency of the matter.
(c)A temporary provision prescribed pursuant to this section shall be published on the Authority's website and shall not require publication in Reshumot (Official Gazette) during the two weeks from the day of its commencement as stated in subsection (d).
(d)
(1)The Director shall determine the date of commencement of a temporary provision, provided that it shall not precede the day of its publication on the Authority's website;
(2)A temporary provision pursuant to this section shall remain in force until the date determined by the Director and no later than the expiry of two weeks from the day of its commencement as stated in paragraph (1);
(3)Where the Minister is satisfied that the circumstances referred to in subsection (a) exist, the Minister may approve a temporary provision prescribed by the Director; a temporary provision so approved and published in Reshumot (Official Gazette) within two weeks from the day of its commencement as stated in paragraph (1) shall remain in force until the date determined by the Director and no later than the expiry of three months from the day of its commencement.
(e)Notwithstanding the provisions of section 8(b) of the Civil Aviation Authority Law, the Director may not delegate the Director's powers pursuant to this section.

Implementation and Regulations§

168.
(a)The Minister is responsible for the implementation of the provisions of this Law and may make Regulations on any matter relating to its implementation, including, inter alia, on the following matters:
(1)rules of conduct for passengers on an aircraft, including rules aimed at preventing a risk to flight safety and a prohibition on smoking on an aircraft;
(2)rules of conduct for crew members on an aircraft;
(3)restrictions on the use of an article or its operation, including outside an aircraft, that may create a risk to aviation safety;
(4)fees for services provided by the Authority or the Director of the Safety Investigation Authority pursuant to this Law, including fees for the submission of an application for a licence, certificate or approval under this Law and annual fees for holders of a licence, certificate or approval as aforesaid; Regulations pursuant to this paragraph shall be made with the consent of the Minister of Finance and with the approval of the Committee;
(5)payments that an aerial operator is required to pay to the Director of the Safety Investigation Authority for expenses incurred by the Director of the Safety Investigation Authority in the framework of a safety investigation for the purpose of preserving the scene of the safety occurrence, the aircraft or any part thereof, for the purpose of transporting the aircraft or returning an article, document or other thing seized by the Director, or for the purpose of carrying out a similar act;
(6)
(a)the obligation of a licence holder under this Law, as well as the obligation of another aerial operator, to insure liability for bodily injuries that may be caused to any person and for property damage that may be caused to a third party, as a result of activities within the framework of the licence or as a result of operating the aircraft, as the case may be, including provisions regarding the identity of authorised insurers, including outside Israel; Regulations pursuant to this paragraph shall not apply to a flight crew member licence holder, an operator of a gliding craft or the Airports Authority, to the extent that it holds a licence under this Law;
(b)Regulations pursuant to this paragraph shall be made in consultation with the Commissioner of Capital Markets, Insurance and Savings and with the approval of the Committee;
(7)implementation of the provisions of the Convention;
(8)determination of a craft or device capable of being supported in the atmosphere by reactions of the air other than reactions of the air against the earth's surface, that shall not be regarded as an aircraft for the purposes of this Law.
(b)The Minister shall not make Regulations pursuant to this Law except on the proposal of the Authority or in consultation with it.
(c)The Minister shall not make Regulations pursuant to this Law relating to a safety investigation except on the proposal of the Safety Investigation Authority or in consultation with it.

Provisions regarding Appointments§

169.
(a)The Director may authorise an employee of the Authority with the Director's powers under this Law, all or some of them; notice of such authorisation, including details of the matters in respect of which the authorisation was given, shall be published in Reshumot (Official Gazette).
(b)The Minister, in consultation with the Minister of Health, may appoint an employee of the Authority who is a physician with training and experience in aviation medicine, as the physician of the Authority.

Publication of the Convention§

170.

The Authority shall make the Convention and its Annexes available for public inspection, free of charge, at the offices of the Authority, and shall also publish the Convention, without its Annexes, on its website.

Savings Provisions§

171.

Nothing in the provisions of this Law shall derogate from the provisions of any law, including the provisions under the Planning and Building Law, 5725-1965, under the Wireless Telegraph Ordinance [New Version], 5732-1972, under the Government Companies Law, 5735-1975, under the Import and Export Ordinance [New Version], 5739-1979, under the Communications Law (Telecommunications and Broadcasting), 5742-1982, and under the Regulation of Security in Public Bodies Law, 5758-1998.

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